Louisiana 2015 Regular Session

Louisiana House Bill HB43 Latest Draft

Bill / Chaptered Version

                            2015 REGULAR SESSION 
ACTUARIAL NOTE H	B 43
 
 
Page 1 of 4 
House Bill 43 HLS 15RS-182
 
Reengrossed with House Floor 
Amendment #2805 
 
Author: Representative Harvey LeBas
 
Date: May 12, 2015
 
 
LLA Note H B 43.03
 
 
Organizations Affected: 
Teachers’ Retirement System of 
Louisiana 
 
RE INCREASE FC SG EX 
This Note has been prepared by the Actuarial Services Department of the Office of 
the Legislative Auditor.  The attachment of this Note to H	B 43 provides 
compliance with the requirements of R.S. 24:52	1 
  
 
 
Bill Header:  RETIREMENT/TEACHERS:  Increases the salary cap in the Teachers’ Retirement System of Louisiana retire-	rehire 
law for retirees employed as substitute classroom teachers 
 
Cost Summary: 
 
The estimated actuarial and fiscal impact of the proposed legislative is summarized below. Actuarial costs pertain to changes in the 
actuarial present value of future benefit payments.  A cost is denoted by “Increase” or a positive number.  Savings are denoted by 
“Decrease” or a negative number. 
 
Actuarial Cost to Retirement Systems  	Increase 
Total Five Year Fiscal Cost  
Expenditures 	Increase 
Revenues 	Increase 
 
 
Estimated Actuarial Impact: 
 The chart below shows the estimated change in the actuarial present value of future benefit payments, if any, attributable to the 
proposed legislation.  A cost is denoted by “Increase” or a positive number.  Savings are denoted by “Decrease” or a negative number. 
Present value costs associated with administration or other fiscal concerns are not included in these 	values. 
 
 	Change in the 
Actuarial Cost to: 	Actuarial Present Value 
All Louisiana Public Retirement Systems   Increase 
Other Post Retirement Benefits   Increase 
Total   Increase 
 This bill complies with the Louisiana Constitution which requires unfunded liabilities created by an improvement in benefits to be 
amortized over a period not to exceed ten years. 
 
 
Estimated Fiscal Impact: 
 
The chart below shows the estimated 	fiscal impact of the proposed legislation.  This represents the effect on cash flows for the  
retirement systems and other government entities..  Fiscal costs include estimated administrative costs and costs associated with other 
fiscal concerns.  A fiscal cost is denoted by “Increase” or a positive number.  Actuarial or fiscal savings are denoted by “Decrease” or 
a negative number.  
 
EXPENDITURES	2015-16 2016-17 2017-18 2018-19 2019-2020 5 Year Total
  State General Fund $                       0  $                       0  $                       0  $                       0  $                       0  $                       0 
  Agy Self Generated Increase Increase Increase Increase Increase Increase 
  Stat Deds/Other                          0                          0                          0                          0                          0                          0 
  Federal Funds                          0                          0                          0                          0                          0                          0 
  Local Funds                          0  Increase Increase Increase Increase Increase 
  Annual Total $                       0  Increase Increase Increase Increase Increase 
REVENUES	2015-16 2016-17 2017-18 2018-19 2019-2020 5 Year Total
  State General Fund $                       0  $                       0  $                       0  $                       0  $                       0  $                       0 
  Agy Self Generated                         0  Increase Increase Increase Increase Increase 
  Stat Deds/Other                          0                          0                          0                          0                          0                          0 
  Federal Funds                          0                          0                          0                          0                          0                          0 
  Local Funds                          0                          0                          0                          0                          0                          0 
  Annual Total $                       0  Increase Increase Increase Increase Increase 
   2015 REGULAR SESSION 
ACTUARIAL NOTE H	B 43
 
 
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 Bill Information: 
 
Current Law 
 
As a general rule under current law, the pension benefit of any retired member of the Teachers’ Retirement System of Louisiana 
(TRSL) who is re-employed in a position covered by TRSL membership is suspended while the retiree is re-	employed. 
 
Current law provides that a retired member who returns to employment as a sub	stitute classroom teacher who teaches any student 
in pre-kindergarten through 12
th
 grade is exempt from the general rule.  “Substitute classroom teacher” is defined as a classroom 
teacher employed in a temporary capacity to fill the position of another classroom teacher who is unavailable to teach for any 
reason. 
 
The earnings of such a re-employed retiree, attributable to her re-employment, shall not exceed the following. 
 
1. During the period extend	ing from the date of her retirement to the first anniversary of her retirement (the waiting period), 
the limit is $0. 
 
2. During the fiscal year in which her waiting period ends and for any fiscal year thereafter, the limit is 25% of her annual 
pension benefit.  
 
TRSL will recover from the re -employed retiree any pens ion benefits paid in excess of these limits	. 
 
Proposed Law 
 
Under HB 42 the earnings of a retiree re-	employed as a substitute classroom teacher, attributable to her re-	employment, shall not 
exceed the following. 
 
1. During the period extending from the date of her retirement to the first anniversary of her retirement (the waiting period), 
the limit is $0. 
 
2. During the fiscal year in which her waiting period ends and for the fiscal year immediately following the year in which 
her waiting period ends, the limit is 25% of her annual pension benefit. 
 
3. During all other fiscal years, the limit is 50% of her annual pension benefit. 
 
TRSL will recover from the re -employed retiree any pension benefits paid in excess of these limits	. 
 
Implications of the Proposed Changes 
 
HB 43 increases the earnings limitation from 25% to 50% for 	a retiree of TRSL who is reemployed as substitute classroom 
teacher. The 50% limitation will begin to apply for the second fiscal year following the end of the retiree’s waiting period. 
 
 
Cost Analysis:  
 
Analysis of Actuarial Costs 
 
HB 43 contains benefit provisions having an actuarial cost.  
 
Retirement Systems 
 
There are two cost components associated with HB 43. 
 
1. The increased cost associated with TRSL paying benefits to a substitute classroom teacher who earns more than 
25% of her pension benefit in the second fiscal year following her retirement. 
 
2. The increased cost associated with an expansion of the pool of teachers willing to return to work as a substitute 
classroom teacher and the related cost associated with teachers being induced to retire earlier than they would have 
otherwise and then returning to work as a substitute classroom teacher. 
 
Item 1 Cost  
 
According to TRSL, 45 retirees were reemployed as substitute classroom teacher s during FYE 2014 and exceeded the 
earnings limit.  5 24 retirees were reemployed as substitute classroom teachers during FYE 2014 but did not exceed the 
earnings limit.   
 
For the purpose of the Item 1 cost analysis, we have assumed the following: 
 
1. The average pension benefit is $25,000 a year. 
 
2. The average annual salary for a retiree who returns to work on a full time basis is $60,000 a year. 
  2015 REGULAR SESSION 
ACTUARIAL NOTE H	B 43
 
 
Page 3 of 4 
3. Retired teachers, reemployed as substitute classroom teachers, do not return to work until the beginning of the 
second full fiscal year of retirement. 
 
4. If there were no earnings limitation, the retiree who returns to employment and work half time would have a total 
income of $55,000 ($30,000 of employment income and a $25,000 pension). 
 
5. If the earnings limit is 25% x the annual pension benefit	, the retiree’s total income would be $ 36,250 ($30,000 of 
employment income and $6,250 from TRSL. 
 
6. If the earnings limit is 50% x the annual pension, the retiree’s total income would be $42,500 ($30,000 of 
employment income and $12,500 from TRSL. 
 
If we assume 50 teachers are reemployed as substitute classroom teachers and they each earn more than 50% of their 
pension benefit, then the annual c ost to expand the earning limit from 25% to 50% is 	estimated to be $312,500 per year.  
This is based on the following: 
 
Annual Cost = 50 retirees x (50% new limit - 25% current limit) x $25,000 pension = $	312,500  
 
Each of the 524 retirees who were reemployed as a substitute classroom teacher self-limited her reemployment income to 
25% of her pension benefit.  If the earning limit is raised to 50%, the behavior of some of these reemployed retirees will 
not change but many will increase their employment to attain the 50% limit.  In addition, some retirees will consider 
reemployment for the first time.  The 25% limit was too restrictive to make reemployment worthwhile.  	But a 50% limit 
allows the retired teacher to make a meaningful contribution to the education of students.  If we assume that 600 retirees 
will be employed as substitute classroom teacher s and that each such retiree will earn 50% of 	her pension, then the  
annual cost will be $3,750,000.  The annual cost calculation is shown below: 
 
Annual Cost = 600 retirees x (50% new limit - 25% current limit) x $25,000 pension = $3,750,000 
 
The total annual increase in cost to TRSL will be about $	4,062,500, or about $4.0 million a year. 
  
Item 2 Cost 
 
Prior to 2000, pension benefits were suspended for any 	retiree who returned to work. About 3,500 retirees elected to be 
re-employed even though their pension benefit would be suspended.  The law was changed in 2000 eliminating benefit 
suspensions. By 2010, the number of re-employed retirees had increased to 7,500. 
  
Act 921 of the 2010 session restored benefit suspension rules to TRSL.  However, the following exceptions were made : 
 
1. A retiree who returned to active service as a classroom teacher in a critical teacher shortage area. Pension 
benefits would be suspended if re-employment earnings exceeded 25% of pay. 
 
2. A retiree who was re-employed as a full time certified speech therapist, speech pathologist, or audiologist in 
any school district where a shortage of persons to fill such positions exists. Pension benefits were not 
suspended. 
 
3. Pension benefits for a retiree who return	ed to active service on or before June 30, 2010 were not suspended. 
 
Annual savings associated with Act 921 	of the 2010 session were estimated to reach $108,000,000 within five years. 
The number of re-employed retired teachers has decreased significantly since 2010.  And even though suspension of 
benefit rules have been relaxed to some extent since 2010, the number of re -employed retirees has still decreased to 
about 5,000 a year and is still falling. The savings predicted in the actuarial note for Act 921 have been generally 
realized.  
 
Currently, a retiree who returns to work as a substitute classroom teacher can work full time and for the fiscal year in 
which her waiting period ends and for every year thereafter can collect 25% of h	er pension from TRSL.  Under HB 43, 
she will be able to work full time and collect 25% of her pension for the fiscal year in which her waiting period ends and 
for the fiscal year following the fiscal year in which her waiting period ends. Thereafter she will be able to collect 50% 
of her pension. 
 
The increase in the earnings limit will tend to encourage teachers to retire earlier than they would have otherwise.  
However, because the increase will not occur until the third full fiscal year following her retirement date, HB 43’s effect 
on retirement patterns will be small.  As a teacher considers h	er retirement options, she may not be willing to retire and 
return to work if her pension is reduced to only 25% of the full amount.  She may be much more willing to retire early i	f 
she can work full time and collect 50% of her pension.  But because the l	imit does not apply until she has been retired at 
least two years, it’s influence on a teacher’s willingness to retire is likely to be small. 
 
If we assume that each fiscal year there are 100 teachers on the retiree payroll who are there because they were induced 
to retire as a result of HB 43, the cost associated with the inducement aspects of the bill is estimated to be $ 937,500 a 
year.  
 
The development of the cost per teacher induced to retire early is summarized below: 
 
1. We assume that 50 of the 100 teachers are employed during fiscal years in which the 25% limit applies and 50 
are employed in fiscal years in which the 50% limit applies.  2015 REGULAR SESSION 
ACTUARIAL NOTE H	B 43
 
 
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2. Fifty of these teachers will receive 25% of her pension that she would not have received otherwise and 50 will 
receive 50% of the pension that she would not have received otherwise.. 
 
3. The average pension is $25,000 a year. 
 
4. Therefore, 50 teachers will be collecting $6,250 from TRSL that otherwise would not have been paid and 50 
teachers will be collecting $12,500. 
 
5.  The annual cost of HB 42 is estimated to be $937,500 	(50 x $6,250 + 50 x $12,500). 
 
Total Annual Cost 
 
The total cost for HB 43 as analyzed above is estimated to be about $5,000,000 a year. Because there is no precise way 
to predict retirement behavior, the cost estimate is subject to significant variability.  Therefore, we estimate the annual 
cost for HB 43 will range from $3 million to $6 million. 
 
 
Other Post-Employment Benefits  
 
HB 43 will induce teachers to retire earlier then they would have otherwise.  If they retire one year early and a portion of the 
retiree health insurance premium is paid for by the school district, the annual cost for post-	employment benefits other than 
pensions will increase. 
 
Analysis of Fiscal Costs 
 
 
HB 43 will have the following effects on fiscal costs during the five year measurement period. 
 
Expenditures: 
 
1. Expenditures from TRSL (Agy Self Generated) will increase $3.0 to $6.0 million a year to pay pension benefits that 
would not otherwise have been paid. 
 
2. Expenditures from Local Funds will increase about $3.0 to $6.0 	million a year because employer contribution 
requirements must increase to pay for the larger annual cost. 
 
3. Expenditures from Local Funds will increase to the extent that school districts pay a portion of annual premiums for 
retiree health insurance. 
 
Revenues: 
 
• TRSL revenues (Agy Self-Generated) will increase to the extent that employer contributions must be larger to 
accommodate the estimated increase in costs. 
 
According to TRSL, administrative costs associated with communicating the proposed legislation and making modifications to 
existing computer programs is estimated to be $12,663 for FY	E 2016. 
 
 
Actuarial Data, Methods and Assumptions 
 
This actuarial note was prepared using actuarial data, methods, and assumptions as disclosed in the most recent actuarial valuation 
report adopted by PRSAC. 
 
 
Actuarial Caveat 
 
There is nothing in H	B 43 that will compromise the signing actuary’s ability to present an unbiased statement of actuarial opinion. 
 
Actuarial Credentials: 
 
Paul T. Richmond is the actuary for 	the Louisiana Legislative Auditor.  He is an Enrolled Actuary, a member of the American 
Academy of Actuaries, a member of the Society of Actuaries and has met the Qualification Standards of the American Academy 
of Actuaries necessary to render the actuarial opinion contained herein. 
 
 
Dual Referral: 
 
Senate  	House 
 
x 13.5.1: Annual Fiscal Cost ≥ $100,000 6.8(F)(1): Annual Fiscal Cost ≥ $100,000 
    
 13.5.2: Annual Tax or Fee Change ≥ $500,000  6.8(F)(2): Annual Revenue Reduction ≥ $100,000 
    
   6.8(G): Annual Tax or Fee Change ≥ $500,000