Louisiana 2020 Regular Session

Louisiana House Bill HB24 Latest Draft

Bill / Chaptered Version

                            2020 REGULAR SESSION 
ACTUARIAL NOTE HB 24
 
 
Page 1 of 6 
House Bill 24 HLS 20RS-48
 
Original 
 
Author: Representative Ivey 
 
Date: February 18, 2020 
LLA Note HB 24.01
 
 
Organizations Affected: 
Teachers' Retirement System of  
   Louisiana 
    
OR INCREASE APV 
This Note has been prepared by the Actuarial Services Department of the 
Louisiana Legislative Auditor (LLA) with assistance from either the Fiscal Notes 
staff of the Legislative Auditor or staff of the Legislative Fiscal Office (LFO).  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.  
 
 
 
 
Lowell P. Good, ASA, EA, MAAA     
Actuarial Services Manager 
 
 
 
 
 
Bill Header:  RETIREMENT/TEACHERS: Provides relative to members of the Teachers’ Retirement System of Louisiana.  
 
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 local and state 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)  	0 
    Total  Increase 
   
Five Year Net Fiscal Cost Pertaining to: 	Expenditures Revenues 
    The Retirement Systems 	Increase Decrease 
    Other Post-employment Benefits (OPEB) 	0 	0 
    Local Government Entities 	Decrease 	0 
    State Government Entities 	0 	0 
    Total 	Increase Decrease 
 
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. 
 
Bill Information 
 
Current Law 
 
Current law defines the term "teacher" under the Teachers' Retirement System of Louisiana (TRSL) and excludes certain persons 
from the definition of teacher. 
 
Current law also requires the suspension and/or reduction of retirement benefits for certain retired teachers who return to active 
service covered by TRSL following the effective date of retirement, even if such employment is based on employment by contract 
or corporate contract.  
 
Proposed Law 
 
HB 24 excludes from the definition of teacher a person employed by a private company to provide tutoring or standardized test 
preparation services, regardless of any contractual relationship that may exist between the company and an employer as defined 
under the current law.  
  
Implications of the Proposed Changes 
 
HB 24 would provide that retired teachers who are then employed by a private company to provide tutoring or standardized test 
preparation services would no longer be in active service covered by TRSL, so they would not have their benefits suspended or 
capped if they are reemployed in such capacity.  
  2020 REGULAR SESSION 
ACTUARIAL NOTE HB 24
 
 
Page 2 of 6 
I. ACTUARIAL IMPACT ON RETIREMENT SYSTEMS AND OPEB [Completed by LLA] 
 
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 estimated to be a small 
increase.  The actuary’s analysis is summarized below. 
 
Under current law, any retired teacher who returns to active service covered by TRSL shall have retirement benefits 
suspended during the first twelve months following date of retirement, and reduced thereafter when earnings exceed 25% of 
the retirement benefit.   
 
Under HB 24, a retired teacher who is employed by a private company to provide tutoring or standardized test preparation 
services, would not be eligible for active membership in TRSL.  So, a retired teacher could return to work as an employee of 
such a company and would not have benefits suspended or capped at 25%, resulting in an increase in benefits paid as 
compared to current law. Furthermore, both the employer and employee would not have to pay the TRSL employer or 
employee contribution rates (nor would TRSL receive such contributions in revenue) which would otherwise be required 
under current law. 
 
The actuarial present value of future benefits will increase with the enactment of HB 24 since more benefits will be paid to 
reemployed retirees who would otherwise have had their benefits suspended or capped. 
 
2. Other Post-employment Benefits (OPEB) 
 
The net actuarial cost or savings of the proposed legislation associated with OPEB, including retiree health insurance 
premiums, is estimated to be $0.  The actuary’s analysis is summarized below. 
 
The liability for post-retirement medical insurance subsidies provided to retirees remains the same regardless of whether a 
retiree’s pension benefits are suspended when employed by a private company. 
 
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 
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 IMPACT ON RETIREMENT SYSTEMS AND OPEB [Completed by LLA] 
 
This section of the actuarial note pertains to fiscal (annual) costs or savings associated with the retirement systems (Table A) and with 
OPEB (Table B). Fiscal costs or savings in Table A include benefit-related actuarial costs and administrative costs incurred by the 
retirement systems. 
 
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. 
 
   2020 REGULAR SESSION 
ACTUARIAL NOTE HB 24
 
 
Page 3 of 6 
Retirement System Fiscal Cost: Table A EXPENDITURES	2020-21 2021-22 2022-23 2023-24 2024-255 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 Decrease Decrease Decrease Decrease Decrease Decrease 
  Annual Total Increase Increase Increase Increase Increase Increase 
REVENUES	2020-21 2021-22 2022-23 2023-24 2024-255 Year Total
  State General Fund $                     0  $                     0  $                     0  $                     0  $                     0  $                     0 
  Agy Self Generated Decrease Decrease Decrease Decrease Decrease Decrease 
  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 Decrease Decrease Decrease Decrease Decrease Decrease  
  
 
All expenditures for employer contributions are reflected on a single line in the table above.  The actual sources of funding 
(e.g., Federal Funds, State General Fund) may vary by employer and are not differentiated on the table. 
 
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 by TRSL (Agy Self-Generated) are expected to increase since more pension benefits will be paid (less 
benefit suspensions) during the reemployment of some retirees. 
 
b. Expenditures from Local Funds to TRSL would be a mixture of increasing effects and decreasing effects.  An increase in 
benefits paid by TRSL would result in additional amortization payments (over a period of time) to be paid by all 
participating entities’ Local Funds.  On the other hand, without being required to make employer contributions to TRSL 
for affected employees, over the next five years, those affected employers’ Local Fund expenditures would be decreased 
during the period of employment described in this proposed bill. The net effect of these increasing and decreasing 
effects is a decrease in Local Funds expenditures in the short term, changing over to increasing expenditures in the long 
term. 
 
3. Revenues: 
 
TRSL revenues (Agy Self-Generated) are expected to decrease over the next five years due to the offsetting reasons 
described in the section above. 
 
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. 
 
OPEB Fiscal Cost: Table B EXPENDITURES	2020-21 2021-22 2022-23 2023-24 2024-25 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	2020-21 2021-22 2022-23 2023-24 2024-25 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  
   2020 REGULAR SESSION 
ACTUARIAL NOTE HB 24
 
 
Page 4 of 6 
All expenditures for employer contributions are reflected on a single line in the table above.  The actual sources of funding 
(e.g., Federal Funds, State General Fund) may vary by employer and are not differentiated on the table. 
 
The proposed legislation will have the following effects on OPEB related fiscal costs and revenues during the five year 
measurement period. 
 
2. Expenditures: 
 
No measurable effects. 
 
3. Revenues: 
 
No measurable effects. 
 
 
III. FISCAL IMPACT ON LOCAL GOVERNMENT ENTITIES [Completed by LLA] 
 
This section of the actuarial note pertains to annual fiscal costs, cost savings, and revenue impacts incurred by local government 
entities other than those included in Tables A and B.  See Table C.   
 
Estimated Fiscal Impact - Local Government Entities (other than the impact included in Tables A and B) 
(Prepared by Bradley Cryer, Director of Local Government Services) 
 
1. Narrative 
 
From time to time, legislation is proposed that has an indirect effect on expenditures and revenues associated with local 
government entities (other than the impact included in Tables A and B). Table C shows the estimated fiscal impact of the 
proposed legislation on such local government entities.  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. 
 
Fiscal Costs for Local Government Entities: Table C EXPENDITURES	2020-21 2021-22 2022-23 2023-24 2024-25 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	2020-21 2021-22 2022-23 2023-24 2024-25 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 fiscal costs and revenues related to local government entities 
during the five year measurement period. 
 
2. Expenditures: 
 
No measurable effects. 
 
3. Revenues: 
 
No measurable effects. 
 
 
IV. FISCAL IMPACT ON STATE GOVERNMENT ENTITIES [Completed by LFO] 
 
This section of the actuarial note pertains to annual fiscal costs, cost savings, and revenue impacts incurred by state government 
entities other than those included in Tables A and B.  See Table D.   
   
   2020 REGULAR SESSION 
ACTUARIAL NOTE HB 24
 
 
Page 5 of 6 
Estimated Fiscal Impact − State Government Entities (other than the impact included in Tables A and B) 
(Prepared by John Carpenter, Legislative Fiscal Officer) 
 
1. Narrative 
 
Legislation may be proposed that has an indirect effect on expenditures and revenues associated with state government 
entities (other than the impact included in Tables A and B). Table D shows the estimated fiscal impact of the proposed 
legislation on such state government entities.  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. 
 
Fiscal Costs for State Government Entities: Table D EXPENDITURES	2020-21 2021-22 2022-23 2023-24 2024-25 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	2020-21 2021-22 2022-23 2023-24 2024-25 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 fiscal costs and revenues related to state 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. 
 
 
Credentials of the Signatory Staff: 
 
Lowell P. Good is 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. 
 
James J. Rizzo is a Senior Consultant and Actuary with Gabriel, Roeder, Smith & Company, which currently serves as staff for the 
Actuarial Services Department of 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);  2020 REGULAR SESSION 
ACTUARIAL NOTE HB 24
 
 
Page 6 of 6 
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 
HB 24 contains a retirement system benefit provision having an actuarial cost. 
 
Some members of the Teachers’ Retirement System of Louisiana could receive a larger benefit with the enactment of HB 24 
than what they would have received without HB 24. 
 
Dual Referral Relative to Total Fiscal Costs or Total Cash Flows: 
 
The information presented below is based on information contained in Tables A, B, C, and D for the first three years following the 
2020 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 Mea