Louisiana 2019 2019 Regular Session

Louisiana Senate Bill SB107 Chaptered / Bill

                    2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 1 of 9 
Senate Bill 107 SLS 19RS-84
 
Original 
 
Author: Senator Gatti
 
Date: April 30, 2019 
LLA Note SB 107.01
 
 
Organizations Affected: 
Louisiana State Police Retirement     
   System (LSPRS) 
Louisiana Sheriff’s Pension and      
   Relief Fund (LSPRF) 
Municipal Police Employees’  
   Retirement System (MPERS) 
Firefighters’ Retirement System (FRS) 
Municipal Employees’ Retirement 
System (MERS) 
Parochial Employees’ Retirement 
System (PERS) 
Louisiana State Employees’ 
Retirement System (LASERS) 
   
OR INCREASE APV 
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.  
 
James J. Rizzo, ASA, MAAA 
Senior Consultant & Actuary 
Gabriel, Roeder, Smith & Company, Actuary for the Legislative Auditor 
 
Bill Header:  PUBLIC EMPLOYEES: Adds post traumatic stress disorder to the list of injuries which are compensable for injured 
public employees.  (2/3 – CA10s29(F)) (8/1/19) 
 
Cost Summary: 
 
The estimated net actuarial and fiscal impact of this proposed legislation on the retirement systems and their plan sponsors is 
summarized below.  Net actuarial costs pertain to estimated changes in the net actuarial present value of future benefit payments and 
administrative expenses incurred by the retirement system.  Net 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 net 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 (i.e., contributions, benefit 
payments, and administrative expenses). 
 
Net Actuarial Costs (Liabilities) Pertaining to:  	Net Actuarial Cost 
    The Retirement Systems  Increase 
    Other Post-employment Benefits (OPEB) Increase 
    Total  Increase 
   
Five Year Net Fiscal Cost Pertaining to: Expenditures 	Revenues 
    The Retirement Systems Increase Increase 
    Other Post-employment Benefits Increase 0 
    Other Government Entities Increase 0 
    Total 	Increase Increase 
 
This bill complies with the Louisiana Constitution which requires unfunded liabilities created by an improvement in retirement 
benefits to be amortized over a period not to exceed ten years.  The actuaries for the retirement system(s) to which this Constitutional 
requirement applies are expected to calculate costs and liabilities in compliance with this requirement. 
 
Bill Information 
 
Current Law 
 
Current law includes certain presumptions as to certain disabilities for certain job categories as being employment-related and as 
to timing.  
 
 Current law [R.S. 33:2581] provides that disease or infirmity of the heart or lungs which develops during a period of 
employment in the classified fire service in the state of Louisiana shall be classified as a disease or infirmity connected 
with employment.  The employee affected, or his survivors, shall be entitled to all rights and benefits as granted by the 
laws of the state of Louisiana to which one suffering an occupational disease is entitled as service connected in the line 
of duty, regardless of whether the fireman is on duty at the time he is stricken with the disease or infirmity.  Such disease  2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 2 of 9 
or infirmity shall be presumed, prima facie, to have developed during employment and shall be presumed, prima facie, to 
have been caused by or to have resulted from the nature of the work performed whenever same is manifested at any time 
after the first five years of employment. 
 
 Current law [R.S. 33:2581.1(A)] provides that any loss of hearing which is ten percent greater than that of the affected 
employee's comparable age group in the general population and which develops during employment in the classified fire 
service in the state of Louisiana shall, for purposes of this Section only, be classified as a disease or infirmity connected 
with employment.  The employee affected shall be entitled to medical benefits including hearing prosthesis as granted by 
the laws of the state of Louisiana to which one suffering an occupational disease is entitled, regardless of whether the 
fireman is on duty at the time he is stricken with the loss of hearing.  Such loss of hearing shall be presumed to have 
developed during employment and shall be presumed to have been caused by or to have resulted from the nature of the 
work performed whenever same is manifested at any time after the first five years of employment in such classified 
service.  This presumption shall be rebuttable by evidence meeting judicial standards and shall be extended to an 
employee following termination of service for a period of twenty-four months.   
 
Current law provides disability benefits to sheriffs, deputy sheriffs, emergency medical services personnel, employees of a police 
department, or fire employees who are members in one of the retirement systems of Louisiana and who apply for retirement due 
to a disability caused solely as the result of injuries sustained in the performance of their official duties.  Under current law 
retirement plans generally require the disability to have occurred (and possibly even the application made) during the period of 
covered employment.   
 
If the application for disability benefits is not filed while the member is in service, it will be presumed that the disability was not 
incurred while the member was an active contributing member in active service. That presumption may be overcome only by 
clear, competent, and convincing evidence that the disability was incurred while the member was an active contributing member 
in active service. 
 
Current law declares that the services provided by volunteer fire departments are vital for fire prevention and suppression to the 
safety of the citizens of the state.  The state fire marshal is required to obtain workers' compensation coverage for volunteer 
members who participate in the normal functions of the fire company. 
 
Current law also provides that every employee of the division of state police, except the head thereof, shall be considered an 
employee of the state within the meaning of the workers' compensation law of this state and entitled to the benefits of all the 
provisions of that law applicable to state employees. 
 
Proposed Law 
 
This Actuarial Note is prepared with respect to the Original bill together with proposed Amendment No. 1. 
 
SB 107 provides that any benefit payable to a sheriff, deputy sheriff, emergency medical services personnel, employee of a police 
department, or fire employee for temporary or permanent disability when the employee suffers an injury or disease arising out of 
and in the course and scope of their employment shall include coverage for post traumatic stress injury.  
 
SB 107 also provides that any workers’ compensation policy which provides coverage for a volunteer member of a fire company 
or for an employee of the division of state police shall include coverage for post traumatic stress injury as presumptively an 
occupational disease. 
 
SB 107, affecting employees of the division of state police (primarily with respect to workers’ compensation policies) [R.S. 
40:1374], appears to have two Subsections (C).  The second Subsection (C)(2) extends this presumption for  employees of the 
division of state police to be “entitled to all rights and benefits as granted by state law to one suffering an occupational disease 
and is entitled as service connected in the line of duty.”  These employees are covered under LASERS as Rank and File 
employees, which have disability benefits “granted by state law” but not distinguishing between service-connected and non-
service-connected or between line-of-duty and non-line-of-duty.  Nevertheless, depending on interpretations, the proposed bill 
requires a presumption of having “developed during employment” and presumed “to have been caused by or resulted from the 
nature of the work performed.”  This is expected to have a slight increase in the rate of disabilities granted as compared to the 
current law. 
 
While it is clear that workers’ compensation policies covering volunteer members of fire companies are affected by SB 107, the 
actuary for the Legislative Auditor does not know whether any retirement systems cover voluntary members of fire companies. 
 
The job categories identified in the proposed bill are, generally, covered by the following retirement systems.  The actuary for the 
Legislative Auditor was not able to confirm coverage with all the retirement systems below. 
 
Job Category 	Retirement System Affected 
Sheriff and deputy sheriff LSPRF 
Emergency medical services personnel PERS, MERS 
Employee of a police department MPERS, MERS 
Fire Employee FRS 
Volunteer member of a fire company None? 
Employee of the division of state police LSPRS, LASERS 
 
  2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 3 of 9 
There are two types of presumptions required in the proposed law: 
 
1. Employment-related.  A qualifying diagnosis is presumed to be “connected to his employment” and “an occupational disease and . . . service connected in the line of duty”.  This presumption specifically affects retirement systems that have 
two levels of benefits that cover the proposed bill’s identified job categories: one for service-connected disabilities and 
one for non-service-connected disabilities for a given job category.  The proposed bill requires treatment as service-
connected if otherwise qualifying. 
 
2. Timing.  A qualifying diagnosis is presumed as above, “regardless of whether the employee is employed at the time of 
diagnosis”, and “shall be presumed, prima facie, to have developed during employment and shall be presumed, prima 
facie, to have been caused by or have resulted from the nature of the work performed.”  This presumption affects all 
retirement systems covering the identified employee categories, even if only a general disability benefits is provided 
(without being specifically for service-connected disabilities), because it affects the retroactive presumption of disability 
as having developed during employment. 
 
The following definitions will apply to the disability benefits payable or to the workers’ compensation policies affected by SB 
107: 
 
1. "Post traumatic stress injury" means those injuries which are defined as "posttraumatic stress disorder" (PTSD) by the 
most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by the American 
Psychiatric Association. 
 
2. "Psychiatrist" shall have the same meaning as it is defined pursuant to current law (R.S. 23:1371.1). 
 
3. "Psychologist" shall have the same meaning as it is defined pursuant to current law (R.S. 23:1371.1). 
 
4. "Emergency medical services personnel" shall have the same meaning as it is defined pursuant to current law (R.S. 
40:1075.3). 
 
5. "Employee of a police department" shall have the same meaning as it is defined pursuant to current law (R.S. 33:2211). 
 
6. “Fire employee" means any person employed in the fire department of any municipality, parish, or fire protection district 
that maintains full-time regularly paid fire department employment, regardless of the specific duties of such person 
within the fire department.  "Fire employee" also includes employees of nonprofit corporations under contract with a fire 
protection district or other political subdivision to provide fire protection services, including operators of the fire-alarm 
system when such operators are members of the regularly constituted fire department." [as per proposed Amendment No. 
1 to SB 107].  In Original SB 107, “Fire employee” was defined to have the same meaning as it is defined pursuant to 
R.S. 33:2181.  
 
7. “Volunteer member” shall have the same meaning as it is defined pursuant to current law (R.S. 23:1036). 
 
8. “Volunteer service” means that service performed by a volunteer member, for one or more fire companies, who is 
entitled to worker’ compensation benefits pursuant to R. S. 23:1036. 
 
Any sheriff, deputy sheriff, volunteer member, emergency medical services personnel, employee of a police department, fire 
employee, or employee of the division of state police who is diagnosed by a psychiatrist or psychologist with post traumatic stress 
injury, either during employment or thereafter will be presumed to have a disease or infirmity connected with his employment.  
 
Once diagnosed with post traumatic stress injury, any sheriff, deputy sheriff, volunteer member, emergency medical services 
personnel, employee of a police department, fire employee, or employee of the division of state police affected or his survivors 
will be entitled to all rights and benefits as granted by the current law to one suffering an occupational disease and is entitled as 
service connected in the line of duty, regardless of whether the employee is employed at the time of the diagnosis. 
 
The presumptions that the post traumatic stress was attributable to employment as a sheriff, deputy sheriff, volunteer member, 
emergency medical services personnel, employee of a police department, fire employee, or employee of the division of state 
police may only be rebutted by clear and convincing evidence. In determining whether the evidence presented has successfully 
rebutted the presumptions in proposed law, the trier of facts may consider any of the following factors:  
 
1. The length of time between the beginning and the end of the period of employment and the date of the diagnosis. 
 
2. Whether there has been any trauma or traumatic events between the beginning and the end of the period of employment 
as an employee and the date of the diagnosis. 
 
3. Whether the individual diagnosed had been previously diagnosed with post traumatic stress injury prior to his 
employment. 
 
Implications of the Proposed Changes 
 
SB 107 adds post traumatic stress injury to the injuries which are presumed to be service-connected.  Additional disability 
benefits under different retirement systems in Louisiana are expected to be provided since some retirees will receive disability 
benefits after being diagnosed by a psychiatrist or psychologist with a post traumatic stress injury attributable to their 
employment.   
  2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 4 of 9 
Additionally, for a post traumatic stress injury, SB 107 removes the condition that an application for disability benefits has to be 
filed while the member is in active service for the member to receive a service connected disability benefit.   
 
I. ACTUARIAL ANALYSIS SECTION  
A. Analysis of Net Actuarial Costs  
(Prepared by LLA) 
 
This section of the actuarial note pertains to net actuarial costs or savings associated with the retirement systems and with OPEB. 
 
1. Retirement Systems 
 
The net actuarial cost or savings of the proposed legislation associated with the retirement systems is expected to increase.  
The actuary’s analysis is summarized below. 
 
For each of the seven retirement systems likely affected by the proposed bill, the following table presents the benefit level 
provided for service-connected disability.  Non-service-connected benefits are generally less generous that service-connected 
benefits, but both are more generous than vested benefits payable at a later age for terminations that are not the result of a 
disability. 
 
Retirement System Potentially Affected
by the Propos ed Bill
Louisiana Sheriffs' Pension & Relief Fund (LSPRF)
Municipal Police Employees' Retirement System (MPERS)
Louisiana State Police Retirement System (LSPRS)
Firefighters' Retirement System (FRS)
Louisiana State Employees' Retirement System (LASERS)
Municipal Employees' Retirement System (MERS) - Plan A
Municipal Employees' Retirement System (MERS) - Plan B
Parochial Employees' Retirement System (PERS) - Plan A 
Parochial Employees' Retirement System (PERS) - Plan B 
Se rvice -conne cte d Disability Be ne fit Payable Imme diate ly (Brie f De scription)
Greater of current benefit accrued to date or 45% of average pay, payable immediately (rather than 
wa it till a la te r a ge ); pa rtia l disa bilitie s receive 3/4 of that amount.
For members hired pre-2013, benefit is between 40% and 60% of final pay; for Hazardous Duty 
members, benefit is 33% to 55% of final pay.
For members hired pre-2011, benefit is 50% to 100% of average pay; otherwise, benefit is 75% of 
average pay.
Greater of 3% of final pay for each year of service or 45% of final pay.
Greater of 3% of final pay for each year of service or 45% of final pay.
Greater of 2% of final pay for each year of service or 30% of final pay.
Greater of 2% of final pay for each year of service or 30% of final pay.
Current benefit accrued to date.
60% of final pay, or his accrued benefit if greater and he is over age 50; after the death of a 
disabled member, spouse receives $200 per month for life in addition to whatever survivorship 
option member might have selected; this amount is reduced for any workers compensation 
received.
 
 
Following are a few areas of actuarial risk to consider under this proposed law that may cause the respective retirement 
systems to be exposed to a certain level of risk or increased frequency of disability approvals as compared to current law. 
 
 Under the proposed law, the burden of proof and standards for proof shift from member to system.  Under the 
proposed law, the member may select his own psychiatrist or psychologist, rather the retirement system select a 
physician as typically under the current law.  Retirement boards will be less likely to deny service-connectedness for 
disability claims for this condition under the proposed law as compared to the current law. 
 
 The presumption as to timing (second type presumption described above) may increase the disability approvals 
because, under current law, boards may be inclined to deny disability approvals for PTSI that are filed regardless of 
how long after the member left covered employment and may deny them for not have been proved to the satisfaction 
of the board as having arose or occurred during employment even if allowing applications to be file later.  However, 
under the proposed law, there is a presumption even for conditions diagnosed and claims filed after employment has 
ceased.   
 
These actuarial risks tend to increase the likelihood of more disabilities being approved within the affected retirement 
systems. 
 
Other aspects of this proposed law to be considered as mitigation of these risks above may include the following. 
 
 The first type of presumption described above is not a presumption of “disability”, nor a presumption of “total” 
disability, nor a presumption of “permanent” disability.  Certain retirement systems require the member to be totally 
and permanently disabled.  Subject to legal opinions and interpretations, the proposed law may only affect the 
presumption of service-connectedness, not whether the disability is total or permanent disability.  However, there 
may be an increased likelihood of granting a total disability or a permanent disability if the diagnosis qualifies under 
the proposed law and is presumed to be service-connected.  According to data from the National Comorbidity  2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 5 of 9 
Survey Replications (NCS-R)
1
, the past year severity of PTSD among U.S. adults showed: 36.6% serious, 33.1% 
moderate and 30.2% mild.  Boards may still need to determine if the condition is total or permanent. 
 
 The proposed bill’s presumption for any given case is subject to denial and rebuttal by the retirement board “by clear 
and convincing evidence”. 
 
The following table puts this proposed bill in perspective.  Observations about the data in the following table: 
 Notice the Average Annual Number of Disabilities that occurred during the time frame indicated. 
 Notice the actuarial present value of all expected future disability benefits expected to be paid to currently active 
members and their normal costs. 
 These numbers include both Service-connected and non-Service-connected disabilities. 
 It is not known how many additional disabilities will be approved as a result of this proposed bill. 
 
This is provided just for context and is not to be understood as a measure of the cost of this proposed bill. 
 
Date Range
Average Annual 
Number of 
Dis abilities
(S C and non-S C, 
Current Law)
Number of Active 
Members as of 
June 30, 2018 
(December 31, 
2017 for PERS)
Present Value of Future 
SC and non-SC Dis ability 
Benefits Among Actives
(Curre nt Law)
Normal Cost 
fo r Dis abilitie s
(SC and non-
SC, Curre nt 
Law)
Louisiana Sheriffs' Pension & Relief Fund (LSPRF) 7/09-6/14 10.4 14,350 $15,445,449 NA
Municipal Police Employees' Retirement System (MPERS) 7/10-6/14 4.8 5,685 $78,788,139 $3,732,555
Louisiana State Police Retirement System (LSPRS) 7/12-6/17 1.8 1,129 $30,353,863 $1,554,556
Firefighters' Retirement System (FRS) 7/09-6/14 5.0 4,424 $19,821,972 $1,398,060
Louisiana State Employees' Retirement System (LASERS) 7/13-6/18 41.4 39,293 NA $5,075,789
Municipal Employees' Retirement System (MERS) - Plan A 7/09-6/14 8.0 4,888 $11,754,314 NA
Municipal Employees' Retirement System (MERS) - Plan B 7/09-6/14 5.4 2,128 $7,748,349 NA
Parochial Employees' Retirement System (PERS) - Plan A 1/10-12/14 25.6 14,201 $123,096,834 NA
Parochial Employees' Retirement System (PERS) - Plan B 1/10-12/14 5.0 2,459 $12,385,155 NA
Retirement S ys tem Potentially Affected
by the Propos ed Bill
From the June 30, 2018 Actuarial Valuation
(December 31, 2017 for PERS)
Most Recent Actuarial 
Expe rie nce Study
 
 
The proposed bill has an effective date of August 1, 2019.  It does not say it is effective to disabilities that occur after August 
1, 2019.  Presumably, it may apply to any disability applications filed on or after August 1, 2019. 
 
The proposed bill will likely also increase the administrative expenses for the retirement systems, in addition to the increase 
expected in benefits payable.  One estimate provided, for the cost of the physicians only, is that each disability application 
costs approximately $5,000 to $7,000 to adjudicate. Legal fees would also likely be incurred and could easily be significantly 
higher.    
 
SB 107 will provide disability benefits payable when certain members the retirement systems of Louisiana become disabled 
after suffering a post traumatic stress injury sustained in the line of duty.  Few retirees are expected to receive a disability 
benefit resulting from a post traumatic stress injury and the increase in net actuarial cost, while not insignificant, is not 
expected to be substantial. 
 
2. Other Post-employment Benefits (OPEB) 
 
The net actuarial cost of the proposed legislation associated with OPEB, including retiree health insurance premiums, is 
estimated to increase.  The actuary’s analysis is summarized below. 
 
The liability for post-retirement medical insurance protection provided to retirees will increase to the extent that disability 
retirements are covered for retiree medical insurance beyond merely the COBRA period and price, because of the likely 
increase in frequency of disability approvals. 
 
B. Actuarial Data, Methods and Assumptions 
(Prepared by LLA) 
 
Unless indicated otherwise, the actuarial note for the proposed legislation was prepared using actuarial data, methods, and 
assumptions as disclosed in the most recent actuarial valuation report adopted by the Public Retirement Systems’ Actuarial 
Committee (PRSAC).  The data, methods and assumptions are being used to provide consistency with the actuary for the 
                                                 
1
 https://www.nimh.nih.gov/health/statistics/post-traumatic-stress-disorder-ptsd.shtml#part_155471  2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 6 of 9 
retirement system who may also be providing testimony to the Senate and House retirement committees.  With certain exceptions, 
the actuary for the LLA finds the assumptions used by the retirement systems and PRSAC to be reasonable. 
 
C. Actuarial Caveat (Prepared by LLA) 
 
There is nothing in the proposed legislation 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 (annual) costs or savings associated with the retirement systems (Table A), with 
OPEB (Table B), and with other fiscal costs or savings incurred by other government entities (Table C).  Fiscal costs or savings in 
Table A include benefit-related actuarial costs and administrative costs incurred by the retirement systems.  The total effect of SB 107 
on fiscal costs, fiscal savings, or cash flows is presented in Table D. 
 
A. Estimated Fiscal Impact – Retirement Systems 
(Prepared by LLA) 
 
1. Narrative 
 
Table A shows the estimated fiscal impact of the proposed legislation on the retirement systems and the government entities 
that sponsor them.  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. 
 
Retirement System Fiscal Cost: Table A 
EXPENDITURES 2019-20 2020-21 2021-22 2022-23 2023-24 5 Year Total
  State General Fund $                       0  Increase  Increase  Increase  Increase Increase 
  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  In	crease  Increase  Increase Increase 
REVENUES 2019-20 2020-21 2021-22 2022-23 2023-24 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 proposed legislation will have the following effects on retirement related fiscal costs and revenues during the five year 
measurement period. 
 
2. Expenditures: 
 
a. Expenditures from the affected retirement systems of Louisiana (Agy Self-Generated) will increase because additional 
disability benefits will likely be paid. 
 
b. Expenditures from the Local Funds and the State General Fund will increase because employer contribution 
requirements to the affected retirement systems will increase to cover the expected and actual crease in benefit costs. 
 
3. Revenues: 
 
The revenues for the affected retirement systems of Louisiana (Agy Self-Generated) will increase since the employer 
contribution requirements will increase. 
 
B. Estimated Fiscal Impact – OPEB 
(Prepared by LLA) 
 
1. Narrative 
 
Table B shows the estimated fiscal impact of the proposed legislation on actuarial benefit and administrative costs or savings 
associated with OPEB and the government entities that sponsor these benefit programs.  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. 2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 7 of 9 
OPEB Fiscal Cost: Table B EXPENDITURES 2019-20 2020-21 2021-22 2022-23 2023-24 5 Year Total
  State General Fund Increase  Increase  Increase  Increase  Increase Increase 
  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 Increase  Increase Increase Increase Increase Increase 
  Annual Total Increase  Increase  Increase  Increase  Increase Increase 
REVENUES 2019-20 2020-21 2021-22 2022-23 2023-24 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 
  
The proposed legislation will have the following effects on OPEB related fiscal costs and revenues during the five year 
measurement period. 
 
2. Expenditures: 
 
Expenditures by Local Funds and State General Fund will likely increase somewhat due to an increase in disability 
retirements. 
 
3. Revenues: 
 
No measurable effects. 
 
C. Estimated Fiscal Impact: Other Government Entities (other than the retirement systems or OPEB) 
(Prepared by Tanesha Morgan, Legislative Fiscal Office, and Bradley Cryer, Director of Local Government Services, 
LLA)  
 
1. Narrative 
 
Proposed law provides that any workers' compensation policy which provides coverage for an employee of the division of 
state police shall include coverage for post traumatic stress injury (PTSI). Proposed law also provides that an employee of the 
division of state police who is diagnosed with PTSI, either during employment or thereafter, shall be presumed to have a 
disease or infirmity connected with his employment. 
 
Fiscal Costs for Other Government Entities: Table C 
EXPENDITURES 2019-20 2020-21 2021-22 2022-23 2023-24 5 Year Total
  State General Fund $                       0  $                       0  $                       0  $                       0 $                       0 $                       0 
  Agy Self Generated See Below  See Below  See Below  See Below  See Below See Below 
  Stat Deds/Other                          0                           0                           0                           0                           0                          0 
  Federal Funds                          0                           0                           0                           0                          0                          0 
  Local Funds Increase  Increase Increase Increase Increase Increase 
  Annual Total Increase  Increase  Increase  Increase  Increase Increase 
REVENUES 2019-20 2020-21 2021-22 2022-23 2023-24 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 
 
 
The proposed bill will have the following effects on fiscal costs and revenues related to other government entities during the 
five year measurement period. 
 
2. Expenditures: 
 
a. This bill may increase the number of workers’ compensation claims paid by the Division of Administration – Office of 
Risk Management (ORM) related to PTSI.  To the extent that a state police officer files a workers’ compensation claim 
related to PTSI, this bill provides the presumption is that the PTSI is connected with his employment, which increases 
the likelihood that the claim will be paid.  The LFO is working with ORM to determine the number of claims that were  2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 8 of 9 
denied due to the claimant’s inability to prove that PTSI is connected with his employment.  This note will be updated 
once the information is received from the agency.  
 
b. The effect on retirement systems and OPEB is addressed in Sections A and B above.  However, for local government 
entities there may be an impact with respect to workers’ compensation or other benefits programs.  The bill’s 
presumption that a post-traumatic stress injury occurred in connection with employment will likely result in an increase 
in the frequency of claims.  In addition, the employer can only rebut these claims by “clear and convincing evidence.”  
Collectively, these factors may increase the frequency of claims and require an employer to dedicate more resources 
(e.g., increased staff time, professional service fees, legal fees) if the employer attempts to rebut an employee’s claim.  
The amount of increased expenditures can not be accurately determined. 
 
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 LLA) 
 
1. Narrative 
 
Table D shows the estimated fiscal impact of the proposed legislation 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, table B, and Table C.  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. 
 
Total Fiscal Cost: Table D (Cumulative Costs from Tables A, B, & C) 
EXPENDITURES 2019-20 2020-21 2021-22 2022-23 2023-24 5 Year Total
  State General Fund Increase  Increase  Increase  Increase  Increase Increase 
  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 Increase  Increase Increase Increase Increase Increase 
  Annual Total Increase  Increase  Increase  Increase  Increase Increase 
REVENUES 2019-20 2020-21 2021-22 2022-23 2023-24 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 
 
 
Credentials of the Signatory Staff: 
 
James J. Rizzo is a Senior Consultant and Actuary with Gabriel, Roeder, Smith & Company, which is currently serving as the actuary 
for the Louisiana Legislative Auditor.  He is an Enrolled Actuary, a member of the American Academy of Actuaries, an Associate 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. 
 
Actuarial Disclosure: Risks Associated with Measuring Costs 
 
This Actuarial Note is an actuarial communication, and is required to include certain disclosures in compliance with Actuarial 
Standards of Practice (ASOP) No. 51. 
 
A full actuarial determination of the retirement system’s costs, actuarially determined contributions and accrued liability require the 
use of assumptions regarding future economic and demographic events.  The assumptions used to determine the retirement system’s 
contribution requirement and accrued liability are summarized in the system’s most recent Actuarial Valuation Report accepted by the 
respective retirement board and by the Public Retirement Systems’ Actuarial Committee (PRSAC). 
 
The actual emerging future experience, such as a retirement fund’s future investment returns, may differ from the assumptions.  To the 
extent that emerging future experience differs from the assumptions, the resulting shortfalls (or gains) must be recognized in future 
years by future taxpayers.  Future actuarial measurements may also differ significantly from the current measurements due to other 
factors: changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the 
methodology used for these measurements (such as the end of an amortization period; or additional cost or contribution requirements 
based on the system’s funded status); and changes in plan provisions or applicable law. 
 
Examples of risk that may reasonably be anticipated to significantly affect the plan’s future financial condition include: 
 
1. Investment risk – actual investment returns may differ from the expected returns (assumptions);  2019 REGULAR SESSION 
ACTUARIAL NOTE SB 107
 
 
Page 9 of 9 
2. Contribution risk – actual contributions may differ from expected future contributions.  For example, actual contributions 
may not be made in accordance with the plan’s funding policy or material changes may occur in the anticipated number of 
covered employees, covered payroll, or other relevant contribution base; 
3. Salary and Payroll risk – actual salaries and total payroll may differ from expected, resulting in actual future accrued liability 
and contributions differing from expected; 
4. Longevity and life expectancy risk – members may live longer or shorter than expected and receive pensions for a period of 
time other than assumed; 
5. Other demographic risks – members may terminate, retire or become disabled at times or with benefits other than assumed, 
resulting in actual future accrued liability and contributions differing from expected.  
 
The scope of an Actuarial Note prepared for the Louisiana Legislature does not include an analysis of the potential range of such 
future measurements or a quantitative measurement of the future risks of not achieving the assumptions.  In certain circumstances, 
detailed or quantitative assessments of one or more of these risks as well as various plan maturity measures and historical actuarial 
measurements may be requested from the actuary.  Additional risk assessments are generally outside the scope of an Actuarial 
Note.  Additional assessments may include stress tests, scenario tests, sensitivity tests, stochastic modeling, and a comparison of the 
present value of accrued benefits at low-risk discount rates with the actuarial accrued liability.
 
 
However, the general cost-effects of emerging experience deviating from assumptions can be known.  For example, the investment 
return since the most recent actuarial valuation may be less (or more) than the assumed rate, or a cost-of-living adjustment may be 
more (or less) than the assumed rate, or life expectancy may be improving (or worsening) compared to what is assumed.  In each of 
these situations, the cost of the plan can be expected to increase (or decrease). 
 
The use of reasonable assumptions and the timely receipt of the actuarially determined contributions are critical to support the 
financial health of the plan.  However, employer contributions made at the actuarially determined rate do not necessarily guarantee 
benefit security. 
 
Information Pertaining to Article (10)(29(F) of the Louisiana Constitution 
 
   
X 
SB 107 contains a retirement system benefit provision having an actuarial cost. 
 
Some members of the retirement systems of Louisiana will receive a larger benefit with the enactment of SB 107 than what 
they would have received without SB 107.  
 
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 2019 regular 
session. 
 
Senate 	House 
    
X 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