Louisiana 2016 Regular Session

Louisiana House Bill HB907 Latest Draft

Bill / Chaptered Version

                            2016 REGULAR SESSION 
ACTUARIAL NOTE HB 907
 
 
Page 1 of 6 
House Bill 907 HLS 16RS-1141
 
Engrossed F with Senate Floor 
Legislative Bureau Amendment #3	818 
 
Author: Representative Harvey LeBas
 
Date: June 1, 2016 
LLA Note H B 907.04
 
 
Organizations Affected: 
Teachers’ Retirement System of 
Louisiana 
 
EGF INCREASE APV 
This Note has been prepared by the Actuarial Services Department of the Office of 
the Legislative Auditor.  The attachment of this Note to HB 907 provides 
compliance with the requirements of R.S. 24:52	1 
 
 
Bill Header:  RETIREMENT/TEACHERS:  Increases the earnings allowed in the Teachers’ Retirement System of La. for retirees 
who are reemployed as substitute classroom teachers to fill certain vacancies. 
 
Cost Summary: 
 
The estimated actuarial and fiscal impact of the proposed legislation 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 	$0 
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	2016-17 2017-18 2018-19 2019-2020 2020-2021 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 Increase Increase Increase Increase Increase Increase 
REVENUES	2016-17 2017-18 2018-19 2019-2020 2020-2021 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 
  
 
  2016 REGULAR SESSION 
ACTUARIAL NOTE HB 907
 
 
Page 2 of 6 
Bill Information: 
 
Current Law and Proposed Law 
 
Current law provides suspension of benefit rules for retirees who are reemployed following retirement.  Current law and proposed 
law under HB 907 are summarized below.  Note, the following Special Classes of retirees are not specified as such in current la	w 
or in HB 907. However, the information pertaining to each Special Class was derived from current and proposed law. 
 
 	Current Law 	HB 907 
 
General Rule 
 
1. Benefits payable to a reemployed retiree will be 	suspended for the duration of his 	reemployment. 
 
2. Benefits payable to a reemployed retiree who 
retired for disability will be suspended. 
 
 
 
 
No Change 
 
Rules for Special Class A 
 
A Special Class A retiree includes any retiree who 	is reemployed into one of the following positions 
for a district with a critical shortage of teachers 	willing to fill such positions. 
 
1. A full or part-time position as a Pre K-12 
classroom teacher. 
 	2. A full-time position as a certified speech 
therapist, speech pathologist, audiologist, 
educational diagnostician, or school counselor. 
 
Limitations on Earnings for Special Class A 
Retirees 
 
1. Reemployment earnings will be limited to $0 
until the first anniversary of the retiree’s date of 
retirement. 
 
2. Benefits will be reduced dollar for dollar for 
earnings received from reemployment during 
the 12-month period immediately following the 
date of retirement. 
 
3. Thereafter, a retiree will be able to be employed 
and also receive benefits from TRSL. 
 
 
  
 
 
 
 
 
 
 
 
 
 
No Change 
 
Rules for Special Class B 
 
A Special Class B retiree includes any retiree who 
is reemployed as a result of an agreement between 
the retired teacher and his employer that satisfies 
the following conditions: 
 
1. The agreement was perfected prior to the 
retiree’s dates of retirement, and 
 
2. The agreement allows for the retiree to become 	reemployed within the 12-
month period 
immediately following his date of retirement. 
 
Limitations on Earnings for Special Class B 
Retirees 
 	1. The earnings limitation will be $0 until the first 
anniversary of the retiree’s date 	of 
reemployment. 
 
2. Benefits from TRSL will be reduced dollar for 
dollar for any earnings received during the 12-
month period immediately following his date of 
retirement. 
 
3. Thereafter, the retiree will be able to be 
reemployed and receive benefits from TRSL. 
 
 
No change except for: 
   
 
 
 
 
 
HB 907 changes “12-month period” to “36-	month 
period” 
 
 
 
 
HB 907 changes “first anniversary” “third 
anniversary” 
 
 
 
HB 907 changes “12-month period” to “36-	month 
period” 
 
  2016 REGULAR SESSION 
ACTUARIAL NOTE HB 907
 
 
Page 3 of 6 
 	Current Law 	HB 907 
 
Rules for Special 
Class C 
 
A Special Class C retiree is one who satisfies one 	of the following conditions: 
 
1. A retiree who retired on or before June 30, 
2010 
 
2. A retiree who holds an advanced degree in 
speech therapy, speech pathology or audiology. 
 
Limitations on Earnings for Special Class C 
Retirees 
 
1. The earnings limit will be $0 until the first 	anniversary of the retiree’s date of retirement. 
 
2. Benefits payable from TRSL will be reduced 
dollar for dollar for any earnings received by 
the retiree during the 12-month period 
immediately following his date of retirement. 
 
3. Thereafter, the retiree will be able to be 
reemployed and receive benefits from TRSL. 
 
 
No change except for: 
 
 
 
 
 
 
 
 
 
 
 
HB 907 changes “first anniversary” to “third 
anniversary” 
 
 
 
HB 907 changes “12-month period” to “36-month 
period” 
 
Rules for Special 
Class D 
 
A Special Class D retiree is employed into one of 	the following positions: 
 
1. A position as a substitute classroom teacher for 	a K-12 school who teaches any Pre K-12 
student. 
 
2. A position that has been assigned by 	a K-12 
school district to the instruction of adults 
through an adult literacy program. 
 
3. A position as a postsecondary educational 
institution as an adjunct professor.  
 
Limitations on Earnings for Special Class D 
Retirees 
 
1. The earnings limitation will be $0 until the first 
anniversary of the retiree’s date of retirement. 
 
2. Benefits payable from TRSL will be reduced 
dollar for dollar for any earnings received by 
the retiree during the 12-month period 
immediately following his date of retirement. 
 
3. The earnings limitation for the retiree for the 
period from the first anniversary of his date of 
retirement to the end of the fiscal year in which 
that anniversary date occurs will be 25% of the 
retiree’s annual benefit from TRSL.  Benefits 
payable from TRSL will be reduced dollar for 
dollar for any earnings received in excess of the 
limit during this period. 
 
4. The earnings limitation for the retiree for fiscal 
years thereafter will be 25% of the retiree’s 
annual benefit from TRSL.  Benefits payable 	from TRSL will be reduced dollar for dollar for 
any earnings received during a fiscal year that 	exceeds the 25% limitation. 
 
 
No change except for: 
 
 
 
HB 907 adds “excluding positions being filled due 
to an extended leave” at the end of the sentence. 
 
 
 
 
 
 
 
 
 
 
 
HB 907 changes “first anniversary” to “third 
anniversary” 
 
 
 
HB 907 changes “12-month period” to “36-	month 
period” 
 
 
HB 907 changes “first anniversary” to “third 
anniversary” 
 
 
 
 
 
 
 
 
  2016 REGULAR SESSION 
ACTUARIAL NOTE HB 907
 
 
Page 4 of 6 
 	Current Law 	HB 907 
 
Rules for Special 
Class E 
 
Not Applicable 
 
HB 907 which adds Special Class E is summarized 
below 
 	A Special Class E retiree is employed into one of 	the following positions: 
 	1. A position as a substitute classroom teacher for 
a K-12 school district who teaches any Pre K-
12 student and who is filling an extended leave 
vacancy. 
 
Limitations on Earnings for Special Class E 
Retirees 
 
1. The earnings limitation will be $0 until the 
third anniversary of the retiree’s date of 
retirement. 
 
2. Benefits payable from TRSL will be reduced 
dollar for dollar for any earnings received by 
the retiree during the 36-month period 
immediately following his date of retirement. 
 
3. The earnings limitation for the retiree for the 
period from the third anniversary of his date of 
retirement to the end of the fiscal year in which 
that anniversary date occurs will be 50% of the 
retiree’s annual benefit from TRSL.  Benefits 
payable from TRSL will be reduced dollar for 
dollar for any earnings received in excess of the 
limit during this period. 
 
4. The earnings limitation for the retiree for fiscal 
years thereafter will be 50% of the retiree’s 
annual benefit from TRSL.  Benefits payable 
from TRSL will be reduced dollar for dollar for 
any earnings received during a fiscal year that 
exceeds the 50% limitation. 
 
 Any retiree who returned to active service before May 15, 2016 will continue to be governed by return to work r	ules under current 
law. 
 
Implications of the Proposed Changes 
 
Current law pertaining to retirees reemployed by school districts with critical shortage areas is unchanged.  A 12-month waiting 
period still applies.  HB 907 lengthens the waiting period for all other reemployed retirees to 36 months. 
 
HB 907 also adds a special class of reemployed retirees; retires reemployed to fill an extended leave 	vacancy.  After a 36 month 
waiting period, such a reemployed retiree may earn up to 50% of his annual benefits from TRSL without having his benefit from 
TRSL reduced. 
 
  
Cost Analysis:  
 
Analysis of Actuarial Costs 
 
HB 907 contains benefit provisions having an actuarial cost. 
 
Retirement Systems 
 
Cost Components 
 
There are three cost components associated with HB 907 
 
1. Component #1: The change in cost associated with extending the waiting period from 12 months to 36 months. 
 
2. Component #2: The change in cost associated with an expansion of the pool of teachers willing to return to work as 
a substitute classroom teacher filling an extended leave vacancy. 
 
3. Component #3: The change in cost associated with providing the new class of retirees with a larger benefit (50% of 
the annual benefit from TRSL instead of 25%).  2016 REGULAR SESSION 
ACTUARIAL NOTE HB 907
 
 
Page 5 of 6 
Information obtained from TRSL 
 
The following information was provided by TRSL and derived from other sources 
 
1. During FYE 2015, 787 retirees were reemployed as substitute classroom teachers: 62 retirees had earnings that 
exceeded the 25% earnings limit; 725 retirees did not exceed the earnings limit. 
 
2. During FYE 2014	, 569 retirees were reemployed as substitute classroom teachers: 45 	retirees had earnings that 
exceeded the 25% earnings limit; 524 	retirees did not exceed the earnings limit. 
 
3. About 3,500 retirees were reemployed in FYE 2001 even though a portion or all of their pension benefits were 
suspended. 
 
4. Legislation was enacted in 2001 to 	substantially eliminate existing suspension of benefit rules.  A retiree could work 
and still collect his pension benefit.  By 2010, the number of reemployed retirees had increased to about 7,500. 
 
5. As a result of Act 921 of 2010, retirees could no longer work and collect a pension from TRSL.  Act 921 provided 
for only three exceptions to the general rule.  However, the number of exceptions has increase because of legislation 
enacted during the 2011 through 2015 session. 
 
6. Nevertheless, the number of reemployed retirees has decreased to about 5,400. 
 
Assumptions 
 
We used the following assumptions in our analysis of costs. 
 
1. The average pension benefit is $30,000 a year. 
 
2. The average annual salary for a retiree who returns to work on a full-time basis is $60,000 a year. A retiree only 
works half time. 
 
Component #1 Cost  
 
Actuarial costs will be reduced as a result of the provisions of HB 907 that extend the reemployment waiting period for all 
retiree classifications (except Special Class A).  Actuarial costs will be reduced because all inducements for an active 
member to retire earlier than otherwise under current law have been eliminated. 
 
Component #2 Cost    
 
HB 907 creates a new class of retirees who are reemployed as substitute classroom teachers and by doing so fill a position 
that resulted from an extended leave vacancy.  The pool of retirees who may be willing be reemployed under these 
circumstances will increase because such a retiree can earn up to 50% of his pension under these circumstances. Cost 
implications can be determined by examining the following example: 
 
Situation A 
 
HB 907 is not enacted.  A retiree chooses not to return to employment because the monetary reward is not worth the 
effort.  He continues to receive his benefit from TRSL. 
 
Situation B 
 
HB 907 is enacted.  The retiree decides to be reemployed as a substitute classroom teacher filling an extended leave 
vacancy.  He continues to receive his benefit from TRSL as long as he limits his employment earnings to less than 50% 
of his pension benefit. 
 
In either situation, TRSL continues to pay the retiree’s pension.  The Component #2 cost is $0. 
 
Component #3 Cost 
   
HB 907 increases the employment earnings limit from 25% to 50% for a retiree reemployed as a substitute classroom teacher 
filling a position created by a n extended leave vacancy. Cost implications can be illustrated by considering the following 
example: 
 
Situation A 
 
HB 907 is not enacted.  A retiree is reemployed as a substitute classroom teacher and thereby is filling an extended leave 
vacancy.  He earns $30,000 from his reemployment.  His pension benefit is $30,000 a year.  The earnings limitation 
under current law is $7,500.  The retiree’s pension benefit is reduced dollar for dollar for earnings that exceed $7,500.  
His employment earnings that exceed the earnings limit is $22,500 	($30,000 minus $7	,500).  The retiree’s benefit from 
TRSL is reduced to $7,500 ($30,000 minus $22,500).  The retiree’s total income is $37,500 ($30,000 from employment 
and $7,500 for TRSL). 
Situation B 
  2016 REGULAR SESSION 
ACTUARIAL NOTE HB 907
 
 
Page 6 of 6 
HB 907 is enacted.  The retiree employment earnings are $30,000.  His employment earnings are 	limited to 50% of his 
pension benefit, or $15,000. His employment earnings that exceed the earnings limit is $15,000 ($30,000 minus 
$15,000).  TRSL reduces his pension benefit to $15,000 ($30,000 minus $15,000).  The retiree’s total income is $45,000 
($30,000 from employment and $15,000 from TRSL).  
 
The conclusion is that HB 907 has a cost for every retiree who is reemployed as a substitute classroom teacher filing a 
position created by an extended leave vacancy and who is currently earning more than 25% of his pension benefit. As stated 
earlier in the actuarial note, 62 retirees had employment income that exceeded the current 25% thereshold. 
 
Total Annual Cost 
 
The total net cost for HB 907 as analyzed above cannot be determined with any degree of certainty.  Component #1 reduces 
costs; component #2 is cost neutral; and component #3 has an actuarial cost.  Nevertheless, we estimate that there is a 	net 
actuarial cost associated with HB 907 and we estimate the annual fiscal cost will exceed $100,000. 
 
Other Post-Employment Benefits  
 
HB 907 has no effect on actuarial costs associated with post-employment benefits other than pensions.  
 
Analysis of Fiscal Costs 
 
 
HB 907 will have the following effects on fiscal costs during the five year measurement period. 
 
Expenditures: 
 
1. Expenditures from TRSL (Agy Self	-Generated) will increase to pay pension benefits that would not otherwise have been 
paid. 
 
2. Expenditures from Local Funds will increase because employer contribution requirements must increase to pay for the 
larger annual cost. 
 
Revenues: 
 
• TRSL revenues (Agy Self-Generated) will increase to the extent that employer contributions must be larger to 
accommodate the estimated increase in costs. 
 
 
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 approved by PRSAC.  These assumptions and methods are in compliance with actuarial standards of practice.  This data, 
methods, and assumptions are being used to provide consistency with the actuary for the retirement system who may also be 
providing testimony to the Senate and House retirement committees. 
 
 
Actuarial Caveat 
 
There is nothing in H	B 907 that will compromise the signing actuary’s ability to present an unbiased statement of actuarial 
opinion. 
 
Actuarial Credentials: 
 
Paul T. Richmond is the Manager of Actuarial Services 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