Louisiana 2020 2020 Regular Session

Louisiana Senate Bill SB8 Chaptered / Bill

                    2020 REGULAR SESSION 
ACTUARIAL NOTE SB 8
 
 
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Senate Bill 8 SLS 20RS-14
 
Original 
 
Author: Senator Peacock
 
Date: March 2, 2020 
LLA Note SB 8.01
 
 
Organizations Affected: 
District Attorneys’ Retirement   
   System  
 
OR DECREASE 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:  DISTRICT ATTORNEYS RET: Provides for definitions, including “employer” and “earnable compensation”. 
(6/30/2020)  
 
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  Decrease 
    Other Post-employment Benefits (OPEB)  	0 
    Total  Decrease 
   
Five Year Net Fiscal Cost Pertaining to: 	Expenditures Revenues 
    The Retirement Systems 	Decrease Decrease 
    Other Post-employment Benefits (OPEB) 	0 	0 
    Local Government Entities 	Decrease 	0 
    State Government Entities 	0 	0 
    Total 	Decrease Decrease 
 
Bill Information 
 
Current Law 
 
The current laws for the four provisions affected by SB 8 are:  
 
1. Current law defines "earnable compensation" as the full rate of compensation that would be payable to the member 
(employee) if he worked the full working time, including the expense allowance paid to the district attorney by the state 
of Louisiana. 
 
2. Current law provides for a definition of "employer". 
 
3. Current law provides that employees who make less than $11,100 per year will not become members of the District 
Attorneys’ Retirement System (DARS). 
 
4. Under current law, retirees reemployed by DARS or the Louisiana District Attorneys Association (LDAA) do not have 
their benefits suspended regardless of their reemployment salary. 
 
Proposed Law 
 
The four provisions under SB 8 are: 
 
1. SB 8 specifies that "earnable compensation" will not include the following: 
 
a. Overtime unless it is required to be worked in the employee's regular tour of duty.  2020 REGULAR SESSION 
ACTUARIAL NOTE SB 8
 
 
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b. Operating expenses. 
c. Use of automobile or motor vehicles. 
d. The cost of any insurance paid by the employer. 
e. Any allowance for expenses incurred as an incident of employment. 
f. Payments made in lieu of unused annual or sick leave.  
g. Bonuses, terminal pay, severance pay, deferred salary, or any other type of irregular or nonrecurring payment. 
 
2. SB 8 provides that the definition of "employer" will include the Louisiana District Attorneys Association. 
 
3. SB 8 continues to provide that all covered employees, as a condition of their employment, will become members of 
DARS.  However, the compensation threshold is raised to $18,000, i.e., an employee must be paid an amount determined 
by the Board, but not less than $18,000 per year in order to become a member.  
 
4. SB 8 provides that reemployed retirees of any member employer are subject to the limitations set forth in R.S. 
11:1631(F)(1) and R.S. 11:1631(F)(2), including reemployment with DARS and LDAA.  
 
Implications of the Proposed Changes 
 
The implications of the four provisions under SB 8 are: 
 
1. SB 8 clarifies that only the base salary as described in the proposed bill is considered earnable compensation. 
 
2. SB 8 includes the Louisiana District Attorneys Association (LDAA) in the definition of employer.  
 
3. SB 8 increases the minimum salary to participate in DARS to $18,000 per year.  
 
4. SB 8 provides that LDAA and DARS employees will now be subject to the suspension of their benefits upon 
reemployment, unless they earn less than the annual salary provided for in R.S. 11:16(A)(1), which is currently 
scheduled to be $47,500 effective July 1, 2020 and $50,000 effective July 1, 2021. 
 
 
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 
decrease in cost.  The actuary’s analysis is summarized below. 
 
SB 8 makes several changes to the current law. However, the only change expected to have a material impact is the 
employees of DARS and LDAA now being subject to the suspension of their benefits upon reemployment, and possibly the 
extension of the R.S. 11:233 limitations on earnable compensation to DARS employees, to the extent it differs from current 
practice. Fewer benefit payments are expected to be made to reemployed retirees of DARS and LDAA since they might have 
their benefits suspended during reemployment. Therefore, there will likely be a decrease in the actuarial cost. 
 
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 to covered employers for post-retirement medical insurance subsidies provided to retirees is not affected by any 
of the provisions contained in SB 8. 
 
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. 
 
   2020 REGULAR SESSION 
ACTUARIAL NOTE SB 8
 
 
Page 3 of 6 
 
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. 
 
Retirement System Fiscal Cost: Table A 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 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  Decrease Decrease Decrease Decrease Decrease 
  Annual Total Decrease Decrease Decrease Decrease Decrease Decrease 
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  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 $                       0  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 DARS (Agy Self Generated) are expected to decrease since less pension benefits will be paid to the 
reemployed retirees of DARS and LDAA.  
 
b. Expenditures from the Local Funds are expected to decrease to the extent that employer contribution requirements 
decrease as result of less pension benefits being paid.  
 
3. Revenues: 
 
DARS revenues (Agy Self Generated) will decrease to the extent that employer contributions decrease, as described 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. 
   2020 REGULAR SESSION 
ACTUARIAL NOTE SB 8
 
 
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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  
  
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  
  2020 REGULAR SESSION 
ACTUARIAL NOTE SB 8
 
 
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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: 
 
Proposed changes may impact the hiring and retention of future employees; however, the related cost increases or savings for 
employers are unknown and cannot be quantified. 
 
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.   
 
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: 
 
N/A - This bill only impacts local government and therefore, has no state impact. The LFO does not review local government 
bills. 
 
3. Revenues: 
 
N/A - This bill only impacts local government and therefore, has no state impact. The LFO does not review local government 
bills. 
 
 
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.  2020 REGULAR SESSION 
ACTUARIAL NOTE SB 8
 
 
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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. Risk disclosures otherwise required by ASOP No. 51 do not apply to this Actuarial Note 
because the proposed bill does not significantly change the types or levels of risks of the retirement system. 
 
 
Information Pertaining to Article (10)(29(F) of the Louisiana Constitution 
 
  
 
SB 8 contains a retirement system benefit provision having an actuarial cost. 
 
No member of the District Attorneys' Retirement System would receive a larger benefit with the enactment of SB 8 than what 
he would have received without SB 8. 
 
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 Means