HLS 16RS-214 ORIGINAL 2016 Regular Session HOUSE BILL NO. 21 BY REPRESENTATIVE JONES RETIREMENT/STATE SYSTEMS: Requires certain amortization periods for certain state retirement system debts and authorizes reamortization of certain debts in certain circumstances 1 AN ACT 2To amend and reenact R.S. 11:102(B)(3)(d)(v)(aa)(II), (bb), and (cc), (vi)(aa)(II), (bb)(II), 3 and (cc), (vii)(aa)(II), (bb), and (cc), (viii)(aa)(II), (bb)(II), and (cc), 102.1(B)(4)(b) 4 and (5) and (C)(4)(b) and (5), and 102.2(B)(4)(b) and (C)(4)(b) and (5) and to enact 5 R.S. 11:102.1(B)(7) and (C)(7) and 102.2(B)(6) and (C)(7), relative to funding of 6 state retirement systems; to provide with respect to amortization periods of system 7 liabilities; to provide with respect to the calculation of outstanding amounts on such 8 liabilities; to provide with respect to the calculation of employer contribution rates 9 for state retirement systems; and to provide for related matters. 10 Notice of intention to introduce this Act has been published 11 as provided by Article X, Section 29(C) of the Constitution 12 of Louisiana. 13Be it enacted by the Legislature of Louisiana: 14 Section 1. R.S. 11:102(B)(3)(d)(v)(aa)(II), (bb), and (cc), (vi)(aa)(II), (bb)(II), and 15(cc), (vii)(aa)(II), (bb), and (cc), (viii)(aa)(II), (bb)(II), and (cc), 102.1(B)(4)(b) and (5) and 16(C)(4)(b) and (5), and 102.2(B)(4)(b) and (C)(4)(b) and (5) are hereby amended and 17reenacted and R.S. 11:102.1(B)(7) and (C)(7) and 102.2(B)(6) and (C)(7) are hereby enacted 18to read as follows: Page 1 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 §102. Employer contributions; determination; state systems 2 B. 3 * * * 4 (3) With respect to each state public retirement system, the actuarially 5 required employer contribution for each fiscal year, commencing with Fiscal Year 6 1989-1990, shall be that dollar amount equal to the sum of: 7 * * * 8 (d) That fiscal year's payment, computed as of the first of that fiscal year and 9 projected to the middle of that fiscal year at the actuarially assumed interest rate, 10 necessary to amortize changes in actuarial liability due to: 11 * * * 12 (v)(aa) 13 * * * 14 (II) Notwithstanding the provisions of Subsubitem (I) of this Subitem, 15 effective for the June thirtieth valuation following the fiscal year in which the system 16 first attains a funded percentage of eighty-five or more and for every year thereafter, 17 the amortization period for the changes, gains, or losses of the Louisiana State 18 Employees' Retirement System provided in Items (i) through (iv) of this 19 Subparagraph shall be as follows: 20 (aaa) For the June 30, 2016 valuation, twenty-eight years from the year in 21 which the change, gain, or loss occurred. 22 (bbb) For the June 30, 2017 valuation, twenty-six years from the year in 23 which the change, gain, or loss occurred. 24 (ccc) For the June 30, 2018 valuation, twenty-four years from the year in 25 which the change, gain, or loss occurred. 26 (ddd) For the June 30, 2019 valuation, twenty-two years from the year in 27 which the change, gain, or loss occurred. 28 (eee) For the June 30, 2020 valuation, and for every valuation thereafter, 29 twenty years from the year in which the change, gain, or loss occurred. Page 2 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 (bb)(I) Effective for the June thirtieth valuation for the fiscal year 2 immediately following the year in which the system fully liquidates an amortization 3 base established in R.S. 11:102.1 and for each valuation thereafter, after any 4 remaining payment required pursuant to R.S. 11:102.1, the system shall apply to the 5 oldest outstanding positive amortization base of the system, the system's remaining 6 excess investment experience returns. For the first valuation to which this 7 Subsubitem applies the amount of excess returns to be applied pursuant to the 8 provisions of this Subsubitem shall be the excess returns up to the amount of excess 9 investment experience returns as equals that year's remaining payment pursuant to 10 R.S. 11:102.1. Upon complete liquidation of such amortization base, any remaining 11 funds shall be applied to the next oldest outstanding positive amortization base until 12 no further funds remain or all such bases are completely liquidated. Notwithstanding 13 any provision of this Subitem to the contrary, the maximum amount of excess returns 14 to be applied in any subsequent year pursuant to this Subsubitem shall equal the prior 15 year's maximum amount increased by the percentage increase in the system's 16 actuarial value of assets for the preceding year, if any. For any payment made 17 pursuant to the provisions of this Subsubitem, if the system is eighty-five eighty 18 percent funded or greater prior to the application of the funds or if the system is less 19 than eighty percent funded and the valuation year is equal to 2020 or 2020 plus a 20 nonzero multiple of five, the net remaining liability net of all payments made since 21 the last reamortization shall be reamortized over the remaining amortization period 22 with annual payments calculated as provided in this Item; if the system is less than 23 eighty-five eighty percent funded prior to application of the funds and the valuation 24 year is not 2020 or 2020 plus a nonzero multiple of five, the net remaining liability 25 shall not be reamortized after such application. For the purposes of this Subsubitem, 26 the oldest outstanding positive amortization base shall first mean the Original 27 Amortization Base until it is completely liquidated, then the Experience Account 28 Amortization Base until it is completely liquidated, and then the oldest outstanding 29 debt of the system excluding any amortization base established to amortize a Page 3 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 particularized liability established pursuant to Subsection C of this Section or a 2 liability established pursuant to Subparagraphs (2)(a) and (3)(c) of this Subsection. 3 (II) Effective for the June thirtieth valuation for the fiscal year immediately 4 following the year in which the system fully liquidates the last remaining 5 amortization base established in R.S. 11:102.1 and for each valuation thereafter, if 6 the system's investment experience for the fiscal year exceeds the system's actuarial 7 assumed rate of return, the system shall apply to the oldest outstanding positive 8 amortization base of the system, excluding any amortization base established to 9 amortize a particularized liability established pursuant to Subsection C of this 10 Section or a liability established pursuant to Subparagraphs (2)(a) and (3)(c) of this 11 Subsection, the system's excess investment experience returns. For the first 12 valuation to which this Subsubitem applies, the amount of excess returns to be 13 applied pursuant to the provisions of this Subsubitem shall be the excess returns up 14 to the amount of excess investment experience returns as equals double the last 15 payment made pursuant to Subsubitem (I) of this Subitem. Upon complete 16 liquidation of such amortization base, any remaining funds shall be applied to the 17 next oldest outstanding positive amortization base until no further funds remain or 18 all such bases are completely liquidated. Notwithstanding any provision of this 19 Subitem to the contrary, the maximum amount of excess returns to be applied in any 20 subsequent year pursuant to this Subsubitem shall equal the prior year's maximum 21 amount increased by the percentage increase in the system's actuarial value of assets 22 for the preceding year, if any. For any payment made pursuant to the provisions of 23 this Subsubitem, if the system is eighty-five eighty percent funded or greater prior 24 to the application of the funds or if the system is less than eighty percent funded and 25 the valuation year is equal to 2020 or 2020 plus a nonzero multiple of five, the net 26 remaining liability net of all payment made since the last reamortization shall be 27 reamortized over the remaining amortization period with annual payments calculated 28 as provided in this Item; if the system is less than eighty-five eighty percent funded 29 prior to application of the funds and the valuation year is not 2020 or 2020 plus a Page 4 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 nonzero multiple of five, the net remaining liability shall not be reamortized after 2 such application. 3 (cc) Effective for the June 30, 2019, first system valuation on or after June 4 30, 2016, in which an allocation is made to the system's experience account and for 5 each valuation thereafter, actuarial gains allocated to the experience account shall be 6 amortized as a loss with level payments over a ten-year period. 7 * * * 8 (vi)(aa) 9 * * * 10 (II) Notwithstanding the provisions of Subsubitem (I) of this Subitem, 11 effective for the June thirtieth valuation following the fiscal year in which the system 12 first attains a funded percentage of eighty-five or more and for every year thereafter, 13 the amortization period for the changes, gains, or losses of the Louisiana School 14 Employees' Retirement System provided in Items (i) through (iv) of this 15 Subparagraph shall be as follows: 16 (aaa) For the June 30, 2016 valuation, twenty-eight years from the year in 17 which the change, gain, or loss occurred. 18 (bbb) For the June 30, 2017 valuation, twenty-six years from the year in 19 which the change, gain, or loss occurred. 20 (ccc) For the June 30, 2018 valuation, twenty-four years from the year in 21 which the change, gain, or loss occurred. 22 (ddd) For the June 30, 2019 valuation, twenty-two years from the year in 23 which the change, gain, or loss occurred. 24 (eee) For the June 30, 2020 valuation, and for every valuation thereafter, 25 twenty years from the year in which the change, gain, or loss occurred. 26 (bb) 27 * * * Page 5 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 (II)(aaa) Effective for the June 30, 2015, valuation and for each valuation 2 thereafter, if the system's investment experience for the fiscal year exceeds the 3 system's actuarial assumed rate of return, the system shall apply the excess 4 investment experience returns, up to the first fifteen million dollars for the June 30, 5 2015, valuation, to the oldest outstanding positive amortization base of the system, 6 excluding any amortization base established to amortize a liability established 7 pursuant to Subparagraphs (2)(a) and (3)(c) of this Subsection. Upon complete 8 liquidation of such amortization base, any remaining funds shall be applied to the 9 next oldest outstanding positive amortization base until no further funds remain or 10 all such bases are completely liquidated. Notwithstanding any provision of this 11 Subsubitem to the contrary, the maximum amount of excess returns to be applied in 12 any subsequent year pursuant to this Subsubitem shall equal the prior year's 13 maximum amount increased by the percentage increase in the system's actuarial 14 value of assets for the preceding year, if any. For any payment made pursuant to the 15 provisions of this Subsubitem, if the system is eighty-five eighty percent funded or 16 greater prior to the application of the funds or if the system is less than eighty 17 percent funded and the valuation year is equal to 2020 or 2020 plus a nonzero 18 multiple of five, the net remaining liability net of all payments made since the last 19 reamortization shall be reamortized over the remaining amortization period with 20 annual payments calculated as provided in this Item; if the system is less than eighty- 21 five eighty percent funded prior to application of the funds and the valuation year is 22 not equal to 2020 plus a nonzero multiple of five, the net remaining liability shall not 23 be reamortized after such application. 24 (bbb) Notwithstanding any provision of law to the contrary, for the June 30, 25 2016 valuation, the remaining liability net of all payments made pursuant to this 26 Subitem shall be reamortized over the remaining amortization period with annual 27 payments calculated as provided in this Item. 28 (cc) Effective for the June 30, 2019, first system valuation dated on or after 29 June 30, 2016, in which an allocation is made to the system's experience account and Page 6 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 for each valuation thereafter, actuarial gains allocated to the experience account shall 2 be amortized as a loss with level payments over a ten-year period. 3 (vii)(aa) 4 * * * 5 (II) Notwithstanding the provisions of Subsubitem (I) of this Subitem, 6 effective for the June thirtieth valuation following the fiscal year in which the system 7 first attains a funded percentage of eighty-five or more and for every year thereafter, 8 the amortization period for the changes, gains, or losses of the Teachers' Retirement 9 System of Louisiana provided in Items (i) through (iv) of this Subparagraph shall be 10 as follows: 11 (aaa) For the June 30, 2016 valuation, twenty-eight years from the year in 12 which the change, gain, or loss occurred. 13 (bbb) For the June 30, 2017 valuation, twenty-six years from the year in 14 which the change, gain, or loss occurred. 15 (ccc) For the June 30, 2018 valuation, twenty-four years from the year in 16 which the change, gain, or loss occurred. 17 (ddd) For the June 30, 2019 valuation, twenty-two years from the year in 18 which the change, gain, or loss occurred. 19 (eee) For the June 30, 2020 valuation, and for every valuation thereafter, 20 twenty years from the year in which the change, gain, or loss occurred. 21 (bb)(I) Effective for the June thirtieth valuation for the fiscal year 22 immediately following the year in which the system fully liquidates an amortization 23 base established in R.S. 11:102.2 and for each valuation thereafter, after any 24 remaining payment required pursuant to R.S. 11:102.2, the system shall apply to the 25 oldest outstanding positive amortization base of the system, the system's remaining 26 excess investment experience returns. For the first valuation to which this 27 Subsubitem applies the amount of excess returns to be applied pursuant to the 28 provisions of this Subsubitem shall be the excess returns up to the amount of excess 29 investment experience returns as equals that year's remaining payment pursuant to Page 7 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 R.S. 11:102.2. Upon complete liquidation of such amortization base, any remaining 2 funds shall be applied to the next oldest outstanding positive amortization base until 3 no further funds remain or all such bases are completely liquidated. Notwithstanding 4 any provision of this Subitem to the contrary, the maximum amount of excess returns 5 to be applied in any subsequent year pursuant to this Subsubitem shall equal the prior 6 year's maximum amount increased by the percentage increase in the system's 7 actuarial value of assets for the preceding year, if any. For any payment made 8 pursuant to the provisions of this Subsubitem, if the system is eighty-five eighty 9 percent funded or greater prior to the application of the funds or if the system is less 10 than eighty percent funded and the valuation year is equal to 2020 or 2020 plus a 11 nonzero multiple of five, the net remaining liability net of all payments made since 12 the last reamortization shall be reamortized over the remaining amortization period 13 with annual payments calculated as provided in this Item; if the system is less than 14 eighty-five eighty percent funded prior to application of the funds and the valuation 15 year is not equal to 2020 or 2020 plus a nonzero multiple of five, the net remaining 16 liability shall not be reamortized after such application. For the purposes of this 17 Subitem, the oldest outstanding positive amortization base shall first mean the 18 Original Amortization Base until it is completely liquidated, then the Experience 19 Account Amortization Base until it is completely liquidated, and then the oldest 20 outstanding debt of the system excluding any amortization base established to 21 amortize a particularized liability established pursuant to Subsection D of this 22 Section or a liability established pursuant to Subparagraphs (2)(a) and (3)(c) of this 23 Subsection. 24 (II) Effective for the June thirtieth valuation for the fiscal year immediately 25 following the year in which the system fully liquidates the last remaining 26 amortization base established in R.S. 11:102.2 and for each valuation thereafter, if 27 the system's investment experience for the fiscal year exceeds the system's actuarial 28 assumed rate of return, the system shall apply to the oldest outstanding positive 29 amortization base of the system, excluding any amortization base established to Page 8 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 amortize a particularized liability established pursuant to Subsection D of this 2 Section or a liability established pursuant to Subparagraphs (2)(a) and (3)(c) of this 3 Subsection, the system's excess investment experience returns. For the first 4 valuation to which this Subsubitem applies, the amount of excess returns to be 5 applied pursuant to the provisions of this Subsubitem shall be the excess returns up 6 to the amount of excess investment experience returns as equals double the last 7 payment made pursuant to Subsubitem (I) of this Subitem. Upon complete 8 liquidation of such amortization base, any remaining funds shall be applied to the 9 next oldest outstanding positive amortization base until no further funds remain or 10 all such bases are completely liquidated. Notwithstanding any provision of this 11 Subitem to the contrary, the maximum amount of excess returns to be applied in any 12 subsequent year pursuant to this Subsubitem shall equal the prior year's maximum 13 amount increased by the percentage increase in the system's actuarial value of assets 14 for the preceding year, if any. For any payment made pursuant to the provisions of 15 this Subsubitem, if the system is eighty-five eighty percent funded or greater prior 16 to the application of the funds or if the system is less than eighty percent funded and 17 the valuation year is equal to 2020 or 2020 plus a nonzero multiple of five, the net 18 remaining liability net of all payments made since the last reamortization shall be 19 reamortized over the remaining amortization period with annual payments calculated 20 as provided in this Item; if the system is less than eighty-five eighty percent funded 21 prior to application of the funds and the valuation year is not equal to 2020 plus a 22 nonzero multiple of five, the net remaining liability shall not be reamortized after 23 such application. 24 (cc) Effective for the June 30, 2019, first system valuation dated on or after 25 June 30, 2016, in which an allocation is made to the system's experience account and 26 for each valuation thereafter, actuarial gains allocated to the experience account shall 27 be amortized as a loss with level payments over a ten-year period. 28 * * * Page 9 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 (viii)(aa) 2 * * * 3 (II) Notwithstanding the provisions of Subsubitem (I) of this Subitem, 4 effective for the June thirtieth valuation following the fiscal year in which the system 5 first attains a funded percentage of eighty-five or more and for every year thereafter, 6 the amortization period for the changes, gains, or losses of the Louisiana State Police 7 Retirement System provided in Items (i) through (iv) of this Subparagraph shall be 8 as follows: 9 (aaa) For the June 30, 2016 valuation, twenty-eight years from the year in 10 which the change, gain, or loss occurred. 11 (bbb) For the June 30, 2017 valuation, twenty-six years from the year in 12 which the change, gain, or loss occurred. 13 (ccc) For the June 30, 2018 valuation, twenty-four years from the year in 14 which the change, gain, or loss occurred. 15 (ddd) For the June 30, 2019 valuation, twenty-two years from the year in 16 which the change, gain, or loss occurred. 17 (eee) For the June 30, 2020 valuation, and for every valuation thereafter, 18 twenty years from the year in which the change, gain, or loss occurred. 19 (bb) 20 * * * 21 (II)(aaa) Effective for the June 30, 2015, valuation and for each valuation 22 thereafter, if the system's investment experience for the fiscal year exceeds the 23 system's actuarial assumed rate of return, the system shall apply the excess 24 investment experience returns, up to the first five million dollars for the June 30, 25 2015, valuation, to the oldest outstanding positive amortization base of the system, 26 excluding any amortization base established to amortize a liability established 27 pursuant to Subparagraphs (2)(a) and (3)(c) of this Subsection. Upon complete 28 liquidation of such amortization base, any remaining funds shall be applied to the 29 next oldest outstanding positive amortization base until no further funds remain or Page 10 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 all such bases are completely liquidated. Notwithstanding any provision of this 2 Subsubitem to the contrary, the maximum amount of excess returns to be applied in 3 any subsequent year pursuant to this Subsubitem shall equal the prior year's 4 maximum amount increased by the percentage increase in the system's actuarial 5 value of assets for the preceding year, if any. For any payment made pursuant to the 6 provisions of this Subsubitem, if the system is eighty-five eighty percent funded or 7 greater prior to the application of the funds or if the system is less than eighty 8 percent funded and the valuation year is equal to 2020 or 2020 plus a nonzero 9 multiple of five, the net remaining liability net of all payments made since the last 10 reamortization shall be reamortized over the remaining amortization period with 11 annual payments calculated as provided in this Item; if the system is less than eighty- 12 five eighty percent funded prior to application of the funds and the valuation year 13 is not equal to 2020 plus a nonzero multiple of five, the net remaining liability shall 14 not be reamortized after such application. 15 (bbb) Notwithstanding any provision of law to the contrary, for the June 30, 16 2016 valuation, the remaining liability net of all payments made pursuant to this 17 Subitem since the last reamortization shall be reamortized over the remaining 18 amortization period with annual payments calculated as provided in this Item. 19 (cc) Effective for the June 30, 2019, first system valuation dated on or after 20 June 30, 2016, in which an allocation is made to the system's experience account and 21 for each valuation thereafter, actuarial gains allocated to the experience account shall 22 be amortized as a loss with level payments over a ten-year period. 23 * * * 24 §102.1. Consolidation of amortization payment schedules; Louisiana State 25 Employees' Retirement System 26 * * * 27 B. Original amortization base. 28 * * * Page 11 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 (4) 2 * * * 3 (b) For any payment made pursuant to the provisions of this Paragraph, if the 4 system is eighty-five eighty percent funded or greater prior to the application of the 5 funds or if the system is less than eighty percent funded and the valuation year is 6 equal to 2020 or 2020 plus a nonzero multiple of five, the net remaining liability net 7 of all payments made since the last reamortization shall be reamortized over the 8 remaining amortization period with annual payments calculated as provided in this 9 Subsection or as otherwise provided by law; if the system is less than eighty-five 10 eighty percent funded prior to application of the funds and the valuation year is not 11 equal to 2020 or 2020 plus a nonzero multiple of five, the net remaining liability 12 shall not be reamortized after such application. 13 (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any 14 other provision of law to the contrary, in any year through Fiscal Year 2016-2017 in 15 which the system receives an overpayment of employer contributions as determined 16 pursuant to R.S. 11:102(B)(2) and in any year through Fiscal Year 2016-2017 in 17 which the system receives additional contributions pursuant to R.S. 11:102(B)(5), 18 the amount of such overpayment or additional contribution shall be applied to the 19 remaining balance of the original amortization base established pursuant to this 20 Subsection. For any payment made pursuant to the provisions of this Paragraph, if 21 the system is eighty-five eighty percent funded or greater prior to the application of 22 the funds or if the system is less than eighty percent funded and the valuation year 23 is equal to 2020 or 2020 plus a nonzero multiple of five, the net remaining liability 24 net of all payments made since the last reamortization shall be reamortized over the 25 remaining amortization period with annual payments calculated as provided in this 26 Subsection or as otherwise provided by law; if the system is less than eighty-five Page 12 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 eighty percent funded prior to application of the funds and the valuation year is not 2 2020 or 2020 plus a nonzero multiple of five, the net remaining liability shall not be 3 reamortized after such application. 4 * * * 5 (7) Notwithstanding any provision of law to the contrary, for the June 30, 6 2016 valuation, the remaining liability net of all payments allocated to the original 7 amortization base since the last reamortization shall be reamortized over the 8 remaining amortization period with annual payments calculated as provided in this 9 Subsection or as otherwise provided by law. 10 C. Experience account amortization base. 11 * * * 12 (4) 13 * * * 14 (b) For any payment made pursuant to the provisions of this Paragraph, if the 15 system is eighty-five eighty percent funded or greater prior to the application of the 16 funds or if the system is less than eighty percent funded and the valuation year is 17 equal to 2020 or 2020 plus a nonzero multiple of five, the net remaining liability net 18 of all payments made since the last reamortization shall be reamortized over the 19 remaining amortization period with annual payments calculated as provided in this 20 Subsection or as otherwise provided by law; if the system is less than eighty-five 21 eighty percent funded prior to application of the funds and the valuation year is not 22 equal to 2020 or 2020 plus a nonzero multiple of five, the net remaining liability 23 shall not be reamortized after such application. 24 (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any 25 other provision of law to the contrary, in any year from Fiscal Year 2017-2018 26 through Fiscal Year 2039-2040 in which the system receives an overpayment of 27 employer contributions as determined pursuant to R.S. 11:102(B)(2) and in any year 28 from Fiscal Year 2017-2018 through Fiscal Year 2039-2040 in which the system 29 receives additional contributions pursuant to R.S. 11:102(B)(5), the amount of such Page 13 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 overpayment or additional contribution shall be applied to the remaining balance of 2 the experience account amortization base established pursuant to this Subsection. 3 For any payment made pursuant to the provisions of this Paragraph, if the system is 4 eighty-five eighty percent funded or greater prior to the application of the funds or 5 if the system is less than eighty percent funded and the valuation year is equal to 6 2020 or 2020 plus a nonzero multiple of five, the net remaining liability net of all 7 payments made since the last reamortization shall be reamortized over the remaining 8 amortization period with annual payments calculated as provided in this Subsection 9 or as otherwise provided by law; if the system is less than eighty-five eighty percent 10 funded prior to application of the funds and the valuation year is not 2020 or 2020 11 plus a nonzero multiple of five, the net remaining liability shall not be reamortized 12 after such application. 13 * * * 14 (7) Notwithstanding any provision of law to the contrary, for the June 30, 15 2016 valuation, the remaining liability net of all payments made pursuant to this 16 Subsection since the last reamortization shall be reamortized over the remaining 17 amortization period with annual payments calculated as provided in this Subsection 18 or as otherwise provided by law. 19 §102.2. Consolidation of amortization payment schedules; Teachers' Retirement 20 System of Louisiana 21 * * * 22 B. Original amortization base. 23 * * * 24 (4) 25 * * * 26 (b) For any payment made pursuant to the provisions of this Paragraph, if the 27 system is eighty-five eighty percent funded or greater prior to the application of the 28 funds or if the system is less than eighty percent funded and the valuation year is 29 equal to 2020 or 2020 plus a nonzero multiple of five, the net remaining liability net Page 14 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 of all payments made since the last reamortization shall be reamortized over the 2 remaining amortization period with annual payments calculated as provided in this 3 Subsection or as otherwise provided by law; if the system is less than eighty-five 4 eighty percent funded prior to application of the funds and the valuation year is not 5 2020 or 2020 plus a nonzero multiple of five, the net remaining liability shall not be 6 reamortized after such application. 7 * * * 8 (6) Notwithstanding any provision of law to the contrary, for the June 30, 9 2016 valuation, the remaining liability net of all payments allocated to the original 10 amortization base since the last reamortization shall be reamortized over the 11 remaining amortization period with annual payments calculated as provided in this 12 Subsection or as otherwise provided by law. 13 C. Experience account amortization base. 14 * * * 15 (4) 16 * * * 17 (b) For any payment made pursuant to the provisions of this Paragraph, if the 18 system is eighty-five eighty percent funded or greater prior to the application of the 19 funds or if the system is less than eighty percent funded and the valuation year is 20 equal to 2020 or 2020 plus a nonzero multiple of five, the net remaining liability net 21 of all payments made since the last reamortization shall be reamortized over the 22 remaining amortization period with annual payments calculated as provided in this 23 Subsection or as otherwise provided by law; if the system is less than eighty-five 24 eighty percent funded prior to application of the funds and the valuation year is not 25 2020 or 2020 plus a nonzero multiple of five, the net remaining liability shall not be 26 reamortized after such application. 27 (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any 28 other provision of law to the contrary, in any year from Fiscal Year 2009-2010 29 through Fiscal Year 2039-2040 in which the system receives an overpayment of Page 15 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 1 employer contributions as determined pursuant to R.S. 11:102(B)(2) and in any year 2 from Fiscal Year 2009-2010 through Fiscal Year 2039-2040 in which the system 3 receives additional contributions pursuant to R.S. 11:102(B)(5), the amount of such 4 overpayment or additional contribution shall be applied to the remaining balance of 5 the experience account amortization base established pursuant to this Subsection. 6 For any payment made pursuant to the provisions of this Paragraph, if the system is 7 eighty-five eighty percent funded or greater prior to the application of the funds or 8 if the system is less than eighty percent funded and the valuation year is equal to 9 2020 or 2020 plus a nonzero multiple of five, the net remaining liability net of all 10 payments made since the last reamortization shall be reamortized over the remaining 11 amortization period with annual payments calculated as provided in this Subsection 12 or as otherwise provided by law; if the system is less than eighty-five eighty percent 13 funded prior to application of the funds and the valuation year is not 2020 or 2020 14 plus a nonzero multiple of five, the net remaining liability shall not be reamortized 15 after such application. 16 * * * 17 (7) Notwithstanding any provision of law to the contrary, for the June 30, 18 2016 valuation, the remaining liability net of all payments made pursuant to this 19 Subsection since the last reamortization shall be reamortized over the remaining 20 amortization period with annual payments calculated as provided in this Subsection 21 or as otherwise provided by law. 22 Section 2. The cost of this Act, if any, shall be funded with additional employer 23contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana. 24 Section 3. This Act shall become effective on June 30, 2016; if vetoed by the 25governor and subsequently approved by the legislature, this Act shall become effective on 26June 30, 2016, or on the day following such approval by the legislature, whichever is later. Page 16 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-214 ORIGINAL HB NO. 21 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)] HB 21 Original 2016 Regular Session Jones Abstract: Relative to liabilities of state retirement systems, moves up the implementation of 20-year amortization periods for such liabilities and authorizes reamortization of such liabilities once every five years. Present law establishes the four state retirement systems—the La. State Employees' Retirement System (LASERS), the Teachers' Retirement System of La. (TRSL), the La. School Employees' Retirement System (LSERS), and the State Police Retirement System (STPOL)—and provides for the accounting of and funding for the liabilities of such systems. Proposed law retains present law. Present law for each state system provides that once the system is 85% funded, new amortization schedules for certain credits and debits shall be reduced from 30 years to 20 years. Proposed law requires immediate reduction of amortization schedule length, phasing- in the 20-year schedules over a five-year period, beginning with the June 30, 2016 valuation. Present law for each state system provides that once the system is 85% funded, certain liabilities may be reamortized each year. Further prohibits reamortization of such debts prior to attaining an 85% funded ratio. Proposed law changes the threshold for annual reamortization from 85% funded to 80% funded. Further authorizes reamortization of certain debts, net of payments made since the last reamortization, once every five year period prior to attaining an 80% funded ratio. Present law for each state system requires a 10-year amortization schedule for actuarial gains allocated to the experience account, starting with the June 30, 2019 valuation. Proposed law requires immediate implementation of the 10-year amortization schedule for any gains allocated to the account, starting with the first valuation in which any credit is made to such account. Proposed law requires that any cost of proposed law be funded with additional employer contributions in compliance with Art. X, Sec. 29(F) of the state constitution. Effective June 30, 2016. (Amends R.S. 11:102(B)(3)(d)(v)(aa)(II), (bb), and (cc), (vi)(aa)(II), (bb)(II), and (cc), (vii)(aa)(II), (bb), and (cc), (viii)(aa)(II), (bb)(II), and (cc), 102.1(B)(4)(b) and (5) and (C)(4)(b) and (5), and 102.2 (B)(4)(b) and (C)(4)(b) and (5); Adds R.S. 11:102.1(B)(7) and (C)(7) and 102.2(B)(6) and (C)(7)) Page 17 of 17 CODING: Words in struck through type are deletions from existing law; words underscored are additions.