2018 REGULAR SESSION ACTUARIAL NOTE HB 13 Page 1 of 7 House Bill 13 HLS 18RS-44 Original Author: Representative Miller Date: March 9, 2018 LLA Note H B 13.01 Organizations Affected: Teachers' Retirement System of Louisiana OR INCREASE FC This Note has been prepared by the Actuarial Services Department of the Legislative Auditor with assistance from either the Fiscal Notes staff of the Legislative Auditor or staff of the Legislative Fiscal Office. The attachment of this Note provides compliance with the requirements of R.S. 24:521 as amended by Act 353 of the 2016 Regular Session. Bill Header: RETIREMENT/TEACHERS: Provides relative to the reemployment of retirees of the Teachers' Retirement System of Louisiana Cost Summary: The estimated actuarial and fiscal impact of HB 13 on the retirement systems and their plan sponsors is summarized below. Actuarial costs pertain to estimated changes in the actuarial present value of future benefit payments . Fiscal costs or savings pertain to changes to all cash flows over the next five year period including retirement system cash flows, OPEB cash flows, or cash flows related to other government entities. An increase in actuarial costs is denoted throughout the actuarial note by “Increase” or a positive number. Actuarial savings are denoted by “Decrease” or a negative number. An increase in expenditures or revenues (fiscal impact) is denoted by “Increase” or a positive number. A decrease in expenditures or revenues is denoted by “Decrease” or a negative number. Estimated Actuarial Impact: The top part of the following chart shows the estimated change in the actuarial present value of future benefit payments and expenses, if any, attributable to the proposed legislation. The bottom part shows the effect on cash flows. Actuarial Costs Pertaining to: Actuarial Cost The Retirement Systems $0 Other Post Employment Benefits (OPEB) 0 Other Government Entities 0 Total $0 Five Year Fiscal Cost Pertaining to: Expenses Revenues The Retirement Systems Increase Increase Other Post Employment Benefits 0 0 Other Government Entities 0 0 Total Increase Increase Bill Information Current Law Current law suspends the benefits of a reemployed retired member of the Teachers’ Retirement System of Louisiana (TRSL) unless he is reemployed in a Reemployment-Eligible Position which is defined as: 1. A position as a substitute classroom teacher who teaches any student in pre-kindergarten through twelfth grade; 2. A position assigned to instructing adults through an adult educational or literacy program administered through a public institution of elementary or secondary education, provided the instructor has a valid Louisiana teaching certificate; 3. A position as an adjunct professor; and 4. A position for a school nurse. Benefits payable to a retiree reemployed in a Reemployment-Eligible Position are subject to the following suspension of benefit rules. 1. If a retiree is reemployed in a Reemployment -Eligible Position before the first anniversary of his original date of retirement, the retiree’s benefit will be suspended until the earlier of the date he terminates reemployment and the first anniversary date of his original retirement. The retiree’s income from employment is unlimited. 2. If a retiree is reemployed in a Reemployment-Eligible Position thereafter, the retiree may continue to work in the Reemployment-Eligible Position and earn an unlimited income from employment. However, his pension benefit will be 2018 REGULAR SESSION ACTUARIAL NOTE HB 13 Page 2 of 7 reduced one dollar for each dollar he earns from employment that exceeds 25% of his original pension benefit. Once his pension benefit has been reduced to 25% of his original benefit no further benefit reduction will occur. 3. The benefits of a retiree who retired on or before June 30, 2010 and who is now returning to work for the first time will not be suspended. In addition current law defines “substitute classroom teacher” as any classroom teacher employed in a temporary capacity to fill the position of another classroom teacher who is unavailable to teach for any reason. Proposed Law HB 13 adds the position of presenter of professional development training (Presenter) to the list of Reemployment- Eligible Positions. HB 13 also adds “to proctor tests” to the list of duties for which a substitute teacher may be temporarily employed. Implications of the Proposed Changes HB 13 permits a P resenter to return to work and earn an income from employment that is unlimited. However, his original pension benefit will be reduced one dollar for each dollar that he earns in excess of 25% of his original pension. Both he and his employer will be required to make contributions during the reemployment period. The member’s contributions will be returned when he leaves reemployment; however the employer contributions will remain in the fund. Benefits for the reemployed retirees will not be increased to reflect the additional service. The additional employer contributions are expected to offset the costs of paying 25% of the pension benefits to the reemployed retirees. I. ACTUARIAL ANALYSIS SECTION A. Analysis of Actuarial Costs (Prepared by the LLA) This section of the actuarial note pertains to actuarial costs or savings associated with the retirement systems , with OPEB, and with other government entities. 1. Retirement Systems The actuarial cost of HB 13 associated with the retirement system is estimated to be $0. Our analysis is summarized below. Example 1. A Presenter has been retired for more than one year. 2. His annual pension benefit is $30,000 a year. 3. His salary as a P resenter is $48,000 a year. Under Current Law HB 13 is not enacted. The Presenter is reemployed for a year and earns a salary of $48,000. His pension from TRSL is suspended. He receives no pension from TRSL for as long as he is reemployed. Because he is a retired member, but is not considered to be a “retired teacher” under current law, neither the reemployed Presenter nor his employer will make contributions to the system, and the reemployed Presenter will not accrue additional retirement benefits. Under HB 13 HB 13 is enacted. The P resenter is reemployed as a “retired teacher” for a year and earns a salary of $48,000. TRSL will pay the P resenter $7,500 in pension benefits for the year. The remaining $22,500 of his $30,000 annual pension will be suspended. He will receive $7,500 a year from T RSL for as long as he is reemployed. Because he is considered to be a “retired teacher” under HB 13, both the reemployed Presenter and his employer will make contributions to the system. Employer contribution rates for TRSL are expected to be 26.5% of p ay. The employer contribution based on a salary of $48,000 would be $12,720. The reemployed Presenter will not accrue additional retirement benefits and, upon subsequent termination of employment, will receive a refund of his contributions without interest. Conclusion In this example, the Presenter is reemployed for a year. TRSL’s pension expenditure will increase by $7,500 for the year with the enactment of HB 13, and t he system will collect $12,720 more in contributions from the employer over the same period. The contribution exceeds the TRSL expenditure. 2018 REGULAR SESSION ACTUARIAL NOTE HB 13 Page 3 of 7 If the reemployed Presenter stays only a few months, employer contributions will be less than the pension expenditure. However, it is reasonable to assume that, overall, additional employer contributions will cover the additional pension expenditures. 2. Other Post-Employment Benefits (OPEB) The actuarial cost or savings of HB 13 associated with OPEB, including retiree health insurance premiums, is estimated to be $0. Our analysis is summarized below. The liability for post- retirement medical insurance protection provided to retirees by the Office of Group Benefits or other insurers remains the same regardless of the employment status of a retiree. When a retired TRSL member returns to active employment with coverage for health insurance, he is no longer receiving other post-employment benefits. Therefore, the OPEB costs and liabilities are decreased to reflect the time he will be expected to remain employed until subsequent retirement the second time. However, th e post-employment benefit decrease is approximately offset by a comparable increase in during-employment benefits. The liability for medical insurance protection provided to members by the Office of Group Benefits or the Louisiana State University health program remains approximately the same regardless of whether a TRSL retiree is reemployed or remains in retired status. The liability is based on the present value of estimated claims and the estimated claims will not change just because the member’s status has changed from retiree to employee. 3. Other Government Entities The actuarial cost or savings of HB 13 associated with government entities other than TRSL and its sponsors, is estimated to be $0. B. Actuarial Data, Methods and Assumptions (Prepared by the LLA) Unless indicated otherwise, the actuarial note for HB 13 was prepared using actuarial data, methods, and assumptions as disclosed in the most recent actuarial valuation report adopted by PRSAC. The 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. C. Actuarial Caveat (Prepared by the LLA) There is nothing in H B 13 that will compromise the signing actuary’s ability to present an unbiased statement of actuarial opinion. II. FISCAL ANALYSIS SECTION This section of the actuarial note pertains to fiscal costs or savings associated with the retirement systems (Table A), with OPEB (Table B), and with other fiscal costs or savings associated with government entities not associated with either the retirement systems or OPEB (Table C). Fiscal costs or savings in Table A include administrative co sts associated with the retirement systems and the sponsoring government entities. The total effect of HB 13 on fiscal costs, fiscal savings, or cash flows is presented in Table D. A. Estimated Fiscal Impact – Retirement Systems (Prepared by the LLA using information supplied by the LFO) 1. Narrative Table A shows the estimated fiscal impact of the proposed legislation on the retirement systems and the government entities that sponsor them. Fiscal costs and savings include both administrative and actuarial costs and savings. A fiscal cost is denoted by “Increase” or a positive number. Fiscal savings are denoted by “Decrease” or a negative number. A revenue increase is denoted by “Increase” or a positive number. A revenue decrease is denoted by “Decrease” or a negative number. 2018 REGULAR SESSION ACTUARIAL NOTE HB 13 Page 4 of 7 Retirement System Fiscal Cost: T able A EXPENDITURES 2018-19 2019-2020 2020-2021 2021-2022 2022-23 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 2018-19 2019-2020 2020-2021 2021-2022 2022-23 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 The effects on retirement related fiscal costs or savings during the five year measurement period are shown in Table A and Items 2 and 3 below. 1. Expenditures: a. Agy Self-Generated Expenditures will increase under HB 13 because TRSL will distribute more in benefits each year under HB 13 than it will under current law. b. Expenditures from Local Funds will increase under HB 13 because school districts will contribute more per year, on average, to TRSL with the enactment of HB 13 than would have been contributed under current law. c. There may be implementation costs to make minor software modifications to existing computer programs and to update educational and training publications. These costs are negligible and are anticipated to be absorbed through the agency’s existing budget. 2. Revenues: a. TRSL revenues (Agy Self-Generated) will increase each year if HB 13 is enacted because school districts will contribute more per year to TRSL under HB 13 than would have been contributed under current law. B. Estimated Fiscal Impact – OPEB (Prepared by the LLA using information supplied by the LFO) 1. Narrative Table B shows the estimated fiscal impact of HB 13 on actuarial costs or savings associated with OPEB and the government entities that sponsor these benefit programs. Fiscal costs or savings in Table B include administrative costs associated with the government entity sponsoring the OPEB program. A fiscal cost is denoted by “Increase” or a positive number. Fiscal savings are denoted by “Decrease” or a negative number. A revenue increase is denoted by “Increase” or a positive number. A revenue decrease is denoted by “Decrease” or a negative number. OPEB Fiscal Cost: Table B EXPENDITURES 2018-19 2019-2020 2020-2021 2021-2022 2022-23 5 Year Total State General Fund $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Agy Self Generated 0 0 0 0 0 0 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 $ 0 $ 0 $ 0 $ 0 $ 0 REVENUES 2018-19 2019-2020 2020-2021 2021-2022 2022-23 5 Year Total State General Fund $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Agy Self Generated 0 0 0 0 0 0 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 $ 0 $ 0 $ 0 $ 0 $ 0 2018 REGULAR SESSION ACTUARIAL NOTE HB 13 Page 5 of 7 HB 13 will have no effect on OPEB related fiscal costs and revenues during the five year measurement period. Depending on the respective rules, the allocation of premiums between the employee and the employer may change slightly (but not materially) as an employee moves from a retired status to an active reemployed status. Therefore: 1. OGB or LSU revenues may increase slightly or decrease slightly as a result of HB 13, with no material net effect. 2. Employer premium expenditures may increase slightly or decrease slightly as a result of HB 13, with no material effect. C. Estimated Fiscal Impact: Other Government Entities (unrelated to the retirement systems or OPEB) (Prepared by the LLA using information supplied by the LFO) 1. Narrative From time to time, legislation is proposed that has an indirect effect on cash flows associated with other government entities, unrelated to the retirement systems or OPEB. Table C shows the estimated fiscal impact (administrative and actuarial) of HB 13 on such government entities. A fiscal cost is denoted by “Increase” or a positive number. Fiscal savings are denoted by “Decrease” or a negative number. Fiscal Costs for Other Government Entities: Table C EXPENDITURES 2018-19 2019-2020 2020-2021 2021-2022 2022-23 5 Year Total State General Fund $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Agy Self Generated 0 0 0 0 0 0 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 $ 0 $ 0 $ 0 $ 0 $ 0 REVENUES 2018-19 2019-2020 2020-2021 2021-2022 2022-23 5 Year Total State General Fund $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Agy Self Generated 0 0 0 0 0 0 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 $ 0 $ 0 $ 0 $ 0 $ 0 HB 13 will have the following effects on fiscal costs and revenues related to other government entities during the five year measurement period. 2. Expenditures: There is no anticipated direct material effect on governmental expenditures as a result of this measure. 3. Revenues: There is no anticipated direct material effect on governmental revenues as a result of this measure. D. Estimated Fiscal Impact − All Retirement Systems, OPEB, and All Government Entities (Prepared by the LLA) 1. Narrative Table D shows the estimated fiscal impact of HB 13 on all government entities within the state of Louisiana. Cell values in Table D are the sum of the respective cell values in Table A, T able B, and Table C. A fiscal cost is denoted by “Increase” or a positive number. F iscal savings are denoted by “Decrease” or a negative number. A revenue increase is denoted by “Increase” or a positive number. A revenue decrease is denoted by “Decrease” or a negative number. 2018 REGULAR SESSION ACTUARIAL NOTE HB 13 Page 6 of 7 Total Fiscal Cost: Table D (Cumulative Costs from Tables A, B, & C) EXPENDITURES 2018-19 2019-2020 2020-2021 2021-2022 2022-23 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 2018-19 2019-2020 2020-2021 2021-2022 2022-23 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 Fiscal Costs Received by the LLA from the LFO 1. Narrative Present law provides a definition of “reemployment-eligible position” to include substitute classroom teacher, adult education instructor, adjunct professor, and school nurse. Proposed law adds presenter of professional development training to the list. Fiscal Costs for Other Government Entities EXPENDITURES 2018-19 2019-2020 2020-2021 2021-2022 2022-23 5 Year Total State General Fund $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Agy Self Generated 0 0 0 0 0 0 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 $ 0 $ 0 $ 0 $ 0 $ 0 REVENUES 2018-19 2019-2020 2020-2021 2021-2022 2022-23 5 Year Total State General Fund $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Agy Self Generated 0 0 0 0 0 0 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 $ 0 $ 0 $ 0 $ 0 $ 0 HB 13 will have the following effects on fiscal costs and revenues related to other government entities during the five year measurement period. 2. Expenditures: There is no anticipated direct material effect on governmental expenditures as a result of this measure. However, there may be implementation costs to make minor software modifications to existing computer programs and to update educational and training publications. These costs are negligible and are anticipated to be absorbed through the agency’s existing budget. 3. Revenues: There is no anticipated direct material effect on governmental revenues as a result of this measure. Credentials of the Signatory Staff: 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. John D. Carpenter, Legislative Fiscal Officer, has supervised the preparation of the fiscal analyses contained herein. 2018 REGULAR SESSION ACTUARIAL NOTE HB 13 Page 7 of 7 Information Pertaining to Article (10)(29) (F) of the Louisiana Constitution X HB 13 contains a retirement system benefit provision having an actuarial cost. Some individual members of TRSL will receive a larger retirement benefit if HB 13 is enacted than would be received without HB 13. Dual Referral Relative to Total Fiscal Costs or Total Cash Flows: The information presented below is based on information contained in Table D for the first three years following the 2018 regular session. Senate House 13.5.1 Applies to Senate or House Instruments. 6.8F Applies to Senate or House Instruments. If an annual fiscal cost ≥ $100,000, then bill is dual referred to: If an annual General Fund fiscal cost ≥ $100,000, then the bill is dual referred to: Dual Referral: Senate Finance Dual Referral to Appropriations 13.5.2 Applies to Senate or House Instruments. 6.8G Applies to Senate Instruments only. If an annual tax or fee change ≥ $500,000, then the bill is dual referred to: If a net fee decrease occurs or if an increase in annual fees and taxes ≥ $500,000, then the bill is dual referred to: Dual Referral: Revenue and Fiscal Affairs Dual Referral: Ways and Means