LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6626 NOTE PREPARED: Dec 22, 2023 BILL NUMBER: SB 160 BILL AMENDED: SUBJECT: Local Government Pensions. FIRST AUTHOR: Sen. Pol BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: The bill increases the 1977 Police Officers' and Firefighters' Pension and Disability Fund's maximum annual cost of living adjustment from 3% to 5%. It also increases the maximum duration that members of certain funds can participate in the deferred retirement option plan from 36 to 60 months. Effective Date: July 1, 2024. Explanation of State Expenditures: Indiana Public Retirement System (INPRS): The Indiana Public Retirement System (INPRS) administers the ‘77 Fund and would have increased workload and expenses to make the changes to the ‘77 Fund required by the bill. The administrative costs of the ‘77 Fund are paid from the fund. Additional Information - DROP: DROP is an optional pension benefit that allows fund members who are eligible for an unreduced retirement benefit to continue to work and earn a salary for up to 36 months under current law or up to 60 months under the bill and then retire with a pension benefit calculated as of the date the individual entered the DROP, plus receive an additional amount equal to the total of the pension benefits that the member would have been paid during the same period had the member retired at the time they entered the DROP. The DROP benefit is payable either in a lump sum or three equal annual payments. Any impact due to DROP changes by members of the 1925 Police Pension Fund, 1937 Firefighters’ Pension Fund, and 1953 Police Pension Fund would be minor. As of January 2023 there were fewer than five active SB 160 1 members remaining in these funds who would be eligible to enter the DROP. These police and firefighter funds are administered at the local level and are funded through General Fund appropriations to the Pension Relief Fund. Explanation of State Revenues: Explanation of Local Expenditures: Summary - The bill would increase the present value of future benefits for the ‘77 Fund by an estimated $97.4 M, increase the actuarial liability of the ‘77 Fund by an estimated $162.2 M, and reduce the funded status of the ‘77 Fund by 1.93%. This would increase the employer contributions that local police and fire departments pay annually to fund future pension benefits for their employees by 2% of employee salary beginning in calendar year 2026. DROP: Based on an actuarial cost estimate provided by INPRS, increasing the DROP period from a maximum of three years to a maximum of five years could increase the present value of future benefits by an estimated $3.7 M, increase the actuarial accrued liability of the ‘77 Fund by an estimated $84.3 M, reduce the funded status of the ‘77 Fund by 0.95%, and increase the employer contribution rate by 1.1%. The estimate assumes that people would enter the DROP two years earlier than they do under current law. As of June 30, 2022 there were 824 active members of the ‘77 Fund who were in the DROP program. The bill would also allow active members of the DROP who entered the DROP before July 1, 2024 to extend the length of their DROP period to up to five years from the date they entered the DROP. The ‘77 Fund is funded through employer and employee contributions. For calendar year 2024, the employer contribution rate is 19.1% of salary. ‘77 Fund COLA Maximum: Changing the long-term assumptions of the ‘77 Fund to account for the increased maximum COLA would increase the present value of future benefits by an estimated $93.7 M, increasing the unfunded actuarial accrued liability by $77.9 M. This would reduce the funded status of the ‘77 Fund by 0.98%, and require an increase in the employer contribution rate of 0.91% beginning in calendar year 2026. These estimates are based on an actuarial cost estimate of the proposal provided by INPRS. Increasing the maximum COLA would increase the risk to ‘77 Fund, and any high inflationary year would create a significant impact on the fund that would require an increase in employer contributions. Since COLAs increase an individual’s monthly pension benefit, they build on each other. An extended period of high inflation would cause a further reduction in the funded status of the ‘77 Fund and would necessitate further future increases to the employer contribution rate. A 1% increase in a COLA provided above 3% in any year would increase the future cost of benefit payments by an estimated $20 M and would increase fund liabilities by $25 M due to the compounding nature of COLAs. The ‘77 Fund’s funded ratio would decrease by 0.35% and employer contributions would increase by about 0.25% for the next 20 years. Additional Information - The annual COLA for the ‘77 Fund is equal to the lower of the Consumer Price Index for all Urban Consumers (CPI-U) or 3% under current law, which would increase to 5% under the bill. This proposal would only impact the COLA in years when the CPI-U is greater than 3%. The change in the COLA maximum will apply to the COLA provided to benefit recipients of the ‘77 Fund on July 1, 2024. The change in the COLA maximum to 5% would increase the long-term assumptions for the COLA the ‘77 Fund to 2.04%. The current COLA assumption in the 2022 Actuarial Valuation is 1.95% based on an assumption of 2% inflation per year. SB 160 2 The employer contribution rate is set as a percentage of salary sufficient to cover the actuarially determined contribution rate determined by fund actuaries. Actuaries do this by computing the present value of future benefits. This is the amount required to fund the normal cost (the cost for new service and new pay earned in the current year) as well as an amount to cover any unfunded liability of the fund. The unfunded liability is paid for (amortized) over 20 years. The employer contribution rate for the ‘77 Fund is set at 18% of employee salary in calendar year 2023, 19.1% for calendar year 2024, and 20.3% for calendar year 2025. The ‘77 Fund is 93.1% funded as of June 30, 2023. 1925 Police Pension Fund, 1937 Firefighters’ Pension Fund, and 1953 Police Pension Fund: Any administrative impact to local employers due to DROP changes by members of the 1925 Police Pension Fund, 1937 Firefighters’ Pension Fund, and 1953 Police Pension Fund would be minor. Explanation of Local Revenues: State Agencies Affected: Indiana Public Retirement System. Local Agencies Affected: Local units with active members in the 1925 Police Pension Fund, 1937 Firefighters' Pension Fund, 1953 Police Pension Fund (Indianapolis), or the ‘77 Fund. Information Sources: Cavanaugh Macdonald Consulting. (2023, October 23). 1977 Police Officers’ and Firefighters’ Retirement Fund – Extend DROP Period. Cavanaugh Macdonald Consulting, LLC. Indiana Public Retirement System Local Public Safety Pension Relief Fund. Actuarial Valuation as of January 1, 2023. https://www.in.gov/inprs/files/2023Valuation_IndianaPensionReliefFund.pdf; Cavanaugh Macdonald Consulting, LLC. (2022, August 2). Impact of Increasing the 3% Maximum on the ‘77 Fund Cost-of-Living Adjustment; Cavanaugh Macdonald Consulting, LLC. Indiana Public Retirement System. 1977 Police Officers’ and Firefighters’ Retirement Fund. Actuarial Valuation as of June 30, 2022. https://www.in.gov/inprs/files/2022ActuarialValuationReport_77Fund.pdf; INPRS. 2023 valuation pension database; INPRS. 2022-2023 Employer Contribution Rate Information. https://www.in.gov/inprs/employers/employer-communication/er-contribution-rate-info/; INPRS. (2023, September 20). 2023 INPRS Update to the Pension Management Oversight Committee. https://iga.in.gov/pdf-documents/123/2023/universal/committees/interim/pension-management-oversight- interim-study-committee/a44f678f-91ef-417c-b4a1-731f1758cf5e/exhibits/attachment_5414.pdf Fiscal Analyst: Camille Tesch, 317-232-5293. SB 160 3