SLS 11RS-43 ENGROSSED Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2011 SENATE BILL NO. 10 BY SENATOR SHAW Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. TEACHERS RETIREMENT. Provides for permanent benefit increases for retirees payable from the experience account. (2/3 - CA 10s29(F)) (8/15/2011) AN ACT1 To amend and reenact R.S. 11:102.2(B)(4) and 883.1(A)(2)(a), (C)(4)(a)(introductory2 paragraph), (b)(introductory paragraph), and (c)(i), and (G), and to repeal R.S.3 11:883.1(C)(4)(d) and (e), relative to application of excess investment earnings of4 the Teachers' Retirement System of Louisiana; to provide for post-retirement benefit5 increases funded from such earnings; and to provide for related matters.6 Notice of intention to introduce this Act has been published.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 11:102.2(B)(4) and 883.1(A)(2)(a), (C)(4)(a)(introductory paragraph),9 (b)(introductory paragraph), and (c)(i), and (G) are hereby amended and reenacted to read10 as follows: 11 §102.2. Consolidation of amortization payment schedules; Teachers' Retirement12 System of Louisiana13 * * *14 B. Original amortization base.15 (1) * * *16 (4) In any year in which the system exceeds its actuarially-ass umed rate of17 SB NO. 10 SLS 11RS-43 ENGROSSED Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. return, after allocation to the experience account as provided in R.S.1 11:883.1(A)(2)(a), the first one hundred million dollars of excess returns shall be2 applied to the remaining balance of the original amortization base established in this3 Subsection. After such application, the net remaining liability shall be reamortized4 over the remaining amortization period with annual payments as provided in this5 Subsection or as otherwise provided by law.6 * * *7 §883.1. Experience account8 A.(1) * * *9 (2) The experience account shall be credited as follows:10 (a) To the extent permitted by Paragraph (3) of this Subsection and after11 allocation to the consolidated amortization bases as provided in R.S. 11:102.2, an12 amount not to exceed fifty percent of the remaining balance of the prior year's net13 investment experience gain as determined by the system's actuary.14 * * *15 C.(1) * * *16 (4)(a) Except as provided in Subparagraph (c) of this Paragraph, in order to17 be eligible for any permanent benefit increase payable on or before June 30, 2009,18 there must be the funds available in the experience account to pay for such an19 increase, and a retiree:20 * * *21 (b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree22 beneficiary shall be eligible for the permanent benefit increase payable on or before23 June 30, 2009:24 * * *25 (c)(i) The provisions of Items (a)(ii), and (b)(ii), (d)(ii), and (e)(ii) of this26 Paragraph shall not apply to any person who receives disability benefits from this27 system, or who receives benefits based on the death of a disability retiree of this28 system.29 SB NO. 10 SLS 11RS-43 ENGROSSED Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 G. (1)The permanent benefit increase which is authorized by Subsection C2 of this Section shall be limited to the lesser of either two percent or an amount as3 determined in Paragraph (C)(2) of this Section in or for any year in which the system4 does not earn an actuarial rate of return of at least eight and one-quarter percent5 interest on the investment of the system's assets.6 (2) No permanent benefit increase shall be authorized based on any actuarial7 valuation in which both of the following apply:8 (a) The system fails to earn an actuarial rate of return which exceeds the9 board-approved actuarial valuation rate.10 (b) The system is less than eighty percent funded.11 Section 2. R.S. 11:883.1(C)(4)(d) and (e) are hereby repealed.12 Section 3. The provisions of this Act shall be applied to the preparation of any13 annual actuarial valuation for the system on or after the effective date of this Act.14 Section 4. The cost of this Act, if any, shall be funded with additional employer15 contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.16 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Laura Gail Sullivan. DIGEST Shaw (SB 10) Present law provides, after allocation of $200 million for accelerated reduction of certain unfunded accrued liabilities (UAL) of the Teachers' Retirement System of Louisiana (TRSL), 50% of the net investment experience gain of TRSL shall be credited to the system's experience account, which is used for funding retiree benefit increases. Present law provides that the remaining 50% of gain forms an amortization credit used to reduce the required employer contribution over the 30-year amortization period. Proposed law provides for 50% of the net investment experience gain of the system to be credited to the system's experience account before allocation to reduce the UAL or for forming an amortization credit. Present law provides for permanent benefit increases to be paid to retirees of TRSL when the balance in the experience account is sufficient to provide full actuarial funding of the increase. Proposed law retains present law. Present law provides that, for any increase payable on or after July 1, 2009, an eligible SB NO. 10 SLS 11RS-43 ENGROSSED Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. benefit recipient shall be drawing a benefit based on the service of a retiree who has or would have attained the age of 60 on the date the increase is payable. Proposed law provides eligibility for an increase for recipients whose benefits are based on the service of retirees who have or would have attained the age of 55 on the date the increase is payable. Present law prohibits an increase in benefits from experience account funds in any year in which the system's actuarial rate of return fails to exceed the board-approved actuarial valuation rate (currently 8.25%) and in which the system is less than 80% funded. Proposed law deletes these prohibitions and allows a benefit increase in years in which the system is below 80% funded and fails to exceed the valuation rate of return. Proposed law provides that the cost of proposed law shall be funded with additional employer contributions. Proposed law provides that the provisions of proposed law shall be applied to the preparation of any annual actuarial valuation for the system on or after the effective date. Effective August 15, 2011. (Amends R.S. 11:102.2(B)(4) and 883.1(A)(2)(a), (C)(4)(a)(intro. para.), (b)(intro. para.), and (c)(i), and (G); repeals R.S. 11:883.1(C)(4)(d) and (e))