SLS 13RS-14 REENGROSSED Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2013 SENATE BILL NO. 4 BY SENATOR GUILLORY Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. RETIREMENT SYSTEMS. Provides for use of entry age normal valuation method by Louisiana State Employees' Retirement System and Teachers' Retirement System of Louisiana. (See Act) AN ACT1 To amend and reenact R.S. 11:22(B)(6) and (13), 102.1(B)(4) and (C)(4), 102.2(B)(4) and2 (C)(4), 542(A)(2)(a) and (F), and 883.1(A)(2)(a) and (G), relative to actuarial3 valuation methods; to provide relative to the method utilized by the Louisiana State4 Employees' Retirement System and the Teachers' Retirement System of Louisiana;5 to change such method from projected unit credit to entry age normal; to provide for6 an effective date; and to provide for related matters.7 Notice of intention to introduce this Act has been published.8 Be it enacted by the Legislature of Louisiana:9 Section 1. R.S. 11:22(B)(6) and (13) are hereby amended and reenacted to read as10 follows: 11 §22. Methods of actuarial valuation established12 * * *13 B. The following funding methods shall be utilized to determine actuarially14 required contributions:15 * * *16 (6) Louisiana State Employees' Retirement System: projected unit credit17 SB NO. 4 SLS 13RS-14 REENGROSSED Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. entry age normal.1 * * *2 (13) Teachers' Retirement System of Louisiana: projected unit credit entry3 age normal.4 * * *5 Section 2. R.S. 11:102.1(B)(4) and (C)(4), 102.2(B)(4) and (C)(4), 542(A)(2)(a) and6 (F), and 883.1(A)(2)(a) and (G) are hereby amended and reenacted to read as follows: 7 §102.1. Consolidation of amortization payment schedules; Louisiana State8 Employees' Retirement System9 * * *10 B. Original amortization base.11 * * *12 (4) In any year in which the system exceeds its actuarially-assumed earns a rate of13 return in excess of eight and one-quarter percent on the actuarial value of assets, the first14 fifty million dollars of excess returns shall be applied to the remaining balance of the15 original amortization base established in this Subsection. After such application, the net16 remaining liability shall be reamortized over the remaining amortization period with annual17 payments calculated as provided in this Subsection or as otherwise provided by law.18 * * *19 C. Experience account amortization base.20 * * *21 (4) In any year in which the excess returns of the system earns a rate of return in22 excess of eight and one-quarter percent on the actuarial value of assets, and such excess23 returns exceed the amount in Paragraph (B)(4) of this Section, the next fifty million dollars24 of excess returns shall be applied to the experience account amortization base established25 in this Subsection. After such application, the net remaining liability shall be reamortized26 over the remaining amortization period with annual payments calculated as provided in this27 Subsection or as otherwise provided by law.28 * * *29 SB NO. 4 SLS 13RS-14 REENGROSSED Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §102.2. Consolidation of amortization payment schedules; Teachers' Retirement1 System of Louisiana2 * * *3 B. Original amortization base.4 * * *5 (4) In any year in which the system exceeds its actuarially-assumed earns a rate of6 return in excess of eight and one-quarter percent on the actuarial value of assets, the first7 one hundred million dollars of excess returns shall be applied to the remaining balance of8 the original amortization base established in this Subsection. After such application, the net9 remaining liability shall be reamortized over the remaining amortization period with annual10 payments as provided in this Subsection or as otherwise provided by law.11 C. Experience account amortization base.12 * * *13 (4) In any year in which the excess returns system earns a rate of return in excess14 of eight and one-quarter percent on the actuarial value of assets, and such excess15 returns exceed the amount in Paragraph (B)(4) of this Section, the next one hundred million16 dollars of excess returns shall be applied to the experience account amortization base17 established in this Subsection. After such application, the net remaining liability shall be18 reamortized over the remaining amortization period with annual payments calculated as19 provided in this Subsection or as otherwise provided by law.20 * * *21 §542. Experience account22 A.23 * * *24 (2) The experience account shall be credited as follows:25 (a) To the extent permitted by Paragraph (3) of this Subsection and after allocation26 to the consolidated amortization bases as provided in R.S. 11:102.1, an amount not to exceed27 fifty percent of the remaining balance of the prior year's net investment experience gain28 attributable to Tier 1 assets as determined by the system's actuary with the gain measured29 SB NO. 4 SLS 13RS-14 REENGROSSED Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. as investment earnings in excess of eight and one-quarter percent of the actuarial value1 of assets.2 * * *3 F. (1)The permanent benefit increase which is authorized by Subsection C of this4 Section shall be limited to the lesser of either two percent or an amount as determined in5 Paragraph (C)(2) of this Section in or for any year in which the system does not earn an6 actuarial rate of return of at least eight and one-quarter percent interest on the investment of7 the system's assets.8 (2) No permanent benefit increase shall be authorized based on any actuarial9 valuation in which both of the following apply:10 (a) The system fails to earn an actuarial rate of return which exceeds the board-11 approved actuarial valuation rate eight and one-quarter percent.12 (b) The system is less than eighty percent funded.13 * * *14 §883.1. Experience account15 A.16 * * *17 (2) The experience account shall be credited as follows:18 (a) To the extent permitted by Paragraph (3) of this Subsection and after allocation19 to the consolidated amortization bases as provided in R.S. 11:102.2, an amount not to exceed20 fifty percent of the remaining balance of the prior year's net investment experience gain21 attributable to Tier 1 assets as determined by the system's actuary with the gain measured22 as investment earnings in excess of eight and one-quarter percent of the actuarial value23 of assets.24 * * *25 G. (1)The permanent benefit increase which is authorized by Subsection C of this26 Section shall be limited to the lesser of either two percent or an amount as determined in27 Paragraph (C)(2) of this Section in or for any year in which the system does not earn an28 actuarial rate of return of at least eight and one-quarter percent interest on the investment of29 SB NO. 4 SLS 13RS-14 REENGROSSED Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. the system's assets.1 (2) No permanent benefit increase shall be authorized based on any actuarial2 valuation in which both of the following apply:3 (a) The system fails to earn an actuarial rate of return which exceeds the board-4 approved actuarial valuation rate eight and one-quarter percent.5 (b) The system is less than eighty percent funded.6 Section 3. The provisions of Section 1 of this Act shall become effective for a7 system on the date the Public Retirement Systems' Actuarial Committee adopts a valuation8 for that system utilizing the entry age normal method of actuarial valuation.9 Section 4. The provisions of this Section and of Sections 2 and 3 of this Act shall10 become effective on June 30, 2013, and shall be applied to each system's June 30, 2013,11 valuation; if vetoed by the governor and subsequently approved by the legislature, the12 provisions of this Section and of Sections 2 and 3 of this Act shall become effective on June13 30, 2013, or on the day following such approval by the legislature, whichever is later.14 The original instrument was prepared by Margaret M. Corley. The following digest, which constitutes no part of the legislative instrument, was prepared by Laura Gail Sullivan. DIGEST Present constitution (Art. X, Sect. 29(E)(1)) provides that the legislature shall establish, by law, the particular method of actuarial valuation to be employed by each state or statewide retirement system for purposes of attaining and maintaining the actuarial soundness of such system. Present law (R.S. 11:4(A)(1)(a) and (b)) provides that the La. State Employees' Retirement System (LASERS) and the Teachers' Retirement System of La. (TRSL) are state retirement systems. Proposed law retains present law. Present law (R.S. 11:22(B)(6) and (13)) provides that LASERS' and TRSL's valuation method shall be projected unit credit. Proposed law changes the valuation method of each system to entry age normal, effective with the adoption by the Public Retirement Systems' Actuarial Committee of a valuation for that system utilizing that method. Present law provides for payment of the unfunded accrued liability of the systems, including payments on the original amortization base and the experience account amortization base and for allocations to the system experience account when system investment earnings exceed a certain threshold. SB NO. 4 SLS 13RS-14 REENGROSSED Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Proposed law specifies that allocations to the original amortization base, the experience account amortization base, and the experience account are made only from earnings in excess of 8.25%. Provides that this 8.25% threshold shall be used in each system's June 30, 2013, valuation. Effective June 30, 2013. (Amends R.S. 11:22(B)(6) and (13), 102.1(B)(4) and (C)(4), 102.2(B)(4) and (C)(4), 542(A)(2)(a) and (F), and 883.1(A)(2)(a) and (G)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Retirement to the original bill 1. Specifies that credits to the original amortization base, the experience account amortization base, and the experience account are made only from earnings in excess of 8.25%. 2. Requires each system to prepare and the Public Retirement Systems' Actuarial Committee to adopt a valuation utilizing the new valuation method and including changes to the actuarially-assumed rate of return, the salary assumptions, and the method of valuing assets before the entry age normal method statute becomes effective. 3. Provides an effective date of June 1, 2013, for the requirement that the Committee adopt a new valuation and the 8.25% threshold for application of excess returns to the three funds. Committee Amendments Proposed by Senate Committee on Finance to the engrossed bill 1. Deletes the requirement that the Public Retirement Systems' Actuarial Committee adopt a valuation that includes changes to the actuarially- assumed rate of return, the salary assumptions, and the method of valuing assets before the entry age normal method statute becomes effective. 2. Provides an effective date of June 30, 2013, for the 8.25% threshold for application of excess returns to the three funds. 3. Requires the 8.25% threshold for application of excess returns to the three funds to be utilized in the June 30, 2013, valuation.