HLS 14RS-358 ORIGINAL Page 1 of 3 Regular Session, 2014 HOUSE BILL NO. 31 BY REPRESENTATIVES JONES AND HAVARD RETIREMENT/COLAS: Provides a permanent benefit increase paid from the experience account to certain retired members and beneficiaries of the Teachers' Retirement System of Louisiana AN ACT1 To provide a permanent benefit increase to certain retirees and beneficiaries of the Teachers'2 Retirement System of Louisiana in conformity with the provisions of the system's3 experience account; to provide for eligibility for the increase; to provide for4 calculation of the increase; to provide for funding; to provide an effective date; and5 to provide for related matters.6 Notice of intention to introduce this Act has been published7 as provided by Article X, Section 29(C) of the Constitution8 of Louisiana.9 Be it enacted by the Legislature of Louisiana:10 Section 1. Findings. (A) The legislature created the experience account within the11 Teachers' Retirement System of Louisiana as a mechanism for funding, on an actuarial basis,12 permanent benefit increases for system retirees and beneficiaries. The experience account13 is credited with half of the system's investment gains over certain threshold amounts and14 with interest on funds in the account. The legislature has restricted the amount that can be15 in the account at any one time; the funds in the account may not exceed an amount sufficient16 to fund two permanent benefit increases to eligible retirees and beneficiaries. The legislature17 may authorize the system to use the funds to pay a permanent benefit increase to eligible18 retirees and beneficiaries.19 (B) According to the June 30, 2013, valuation adopted by the system's board of20 trustees, the legislature finds that in Fiscal Year 2013, the system attained an actuarial rate21 HLS 14RS-358 ORIGINAL HB NO. 31 Page 2 of 3 of return of thirteen and forty-one hundredths percent. This rate of return is above the1 system's target of eight and one quarter percent. According to the June 30, 2013, valuation2 adopted by the system's board of trustees, approximately two hundred nineteen million seven3 hundred thousand dollars in excess earnings was deposited into the experience account. The4 legislative auditor's actuary and the system's actuary agree that this amount would be5 sufficient to increase eligible retiree and beneficiary benefits by one and six tenths percent.6 (C) In accordance with R.S. 11:883.1(F), the legislature finds that any increase7 granted pursuant to this Act shall be based only on ninety-three thousand seven hundred8 fifty-five dollars of a retiree's annual benefit.9 (D) The legislature finds that the following retirees and beneficiaries are eligible for10 permanent benefit increases funded by the experience account:11 (1) Any non-disability retiree who has attained the age of sixty and who has been12 retired for at least one year.13 (2) Any disability retiree, regardless of age, who has been retired for at least one14 year and any beneficiary of such a retiree.15 (3) Any beneficiary of a non-disability retiree if the beneficiary or the retiree, or both16 combined, have received benefits for at least one year and the retiree would have attained17 age sixty by the time of the increase.18 (E) In accordance with R.S. 11:883.1(C), the legislature finds that any increase19 granted by the provisions of this Act shall not exceed the lesser of:20 (1) Three percent.21 (2) A sum equal to the consumer price index, United States city average for all urban22 consumers (CPI-U), as prepared by the United States Department of Labor, Bureau of Labor23 Statistics, for the calendar year immediately preceding the permanent benefit increase.24 (F) The legislature finds that the consumer price index, United States city average25 for all urban consumers (CPI-U), as prepared by the United States Department of Labor,26 Bureau of Labor Statistics, for the calendar year 2013 was one and one half of one percent.27 Section 2. Authorization. In accordance with laws providing for the system's28 experience account and the findings in this Act, the Legislature of Louisiana hereby grants29 a permanent benefit increase of one and one half of one percent, effective July 1, 2014, to30 HLS 14RS-358 ORIGINAL HB NO. 31 Page 3 of 3 all eligible retirees and beneficiaries of the Teachers' Retirement System of Louisiana. No1 further action on the part of the legislature shall be required to implement such increase.2 Section 3. The cost of this Act, if any, shall be funded with monies from the3 Teachers' Retirement System of Louisiana experience account in compliance with Article4 X, Section 29(F) of the Constitution of Louisiana.5 Section 4. This Act shall become effective on June 30, 2014; if vetoed by the6 governor and subsequently approved by the legislature, this Act shall become effective on7 June 30, 2014, or on the day following such approval by the legislature, whichever is later.8 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Jones HB No. 31 Abstract: Provides a permanent benefit increase of 1.5%, funded by the Teachers' Retirement System of La. (TRSL) experience account, to eligible retirees and beneficiaries of TRSL. Present law provides that the board of trustees of TRSL may recommend to the president of the Senate and the speaker of the House of Representatives that the system be permitted to grant a permanent benefit increase, sometimes called a cost-of-living adjustment or COLA, to retirees and beneficiaries whenever the balance in the TRSL experience account is sufficient to fund such benefit. Present law provides the board of trustees shall not grant a permanent benefit increase unless such increase has been approved by the legislature by concurrent resolution adopted by the favorable vote of a majority of the elected members of each house. Notwithstanding present statutory law providing for legislative approval by resolution, present constitution provides that benefits from public retirement systems may only be altered by legislative enactment. Present constitution further requires a 2/3 vote of the legislature to pass any such change in benefits that has an actuarial cost. Present law limits the amount of the increase to the lesser of 3% or the increase in a specified consumer price index for the previous calendar year; for 2013 that increase was 1.5%. Proposed law grants a permanent benefit increase of 1.5% to all qualified retirees and beneficiaries of TRSL. Pursuant to present constitution (Art. X, ยง29(F)), proposed law further provides that the cost of such increase shall be paid by funds from the system's experience account. Effective June 30, 2014.