Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB434 Introduced / Fiscal Note

                    OFFICE OF LEGISLATIVE AUDITOR 
2022 REGULAR SESSION 
ACTUARIAL NOTE 
 
 
This Note has been prepared by the Actuary for 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.  
 
 
 
 
 
Kenneth J. “Kenny” Herbold, ASA, EA, MAAA 
Director of Actuarial Services 
Louisiana Legislative Auditor 
 
Page 1 of 6 
 
Bill Header: TEACHERS RETIREMENT . Provides relative to the reemployment of retirees to meet critical shortage needs. 
 
Purpose of Bill: This bill modifies current law related to the payment of benefits to retirees under the Teacher’s Retirement System of 
Louisiana (TRSL) who return to active employment. Specifically, current law that applies only to retirees who returned to work prior to 
July 1, 2020 (R.S. 11:710) will now apply to anyone who retired prior to July 1, 2020, regardless of when they return to active 
employment; changes certain restrictions related to hiring retirees in critical shortage positions; and temporarily eases suspension of 
benefit rules for 1) any service retiree who has at-least a 12-month break-in-service who is reemployed to a) teach in certain areas for 
which they are certified or b) fill certain temporary long-term vacancies, and 2) certain positions in postsecondary institutions where a 
critical shortage exists.  
 
Cost Summary
1
: The estimated net actuarial and fiscal impact of the proposed legislation is summarized below.  
 
The net actuarial present value of expected future benefits and administrative expenses incurred by the retirement system is expected to 
increase because retirees who might otherwise have received a reduced benefit, or suspended their benefit altogether, will be eligible to 
receive their full benefit. Any impact on OPEB is expected to be minimal. 
 
In the following table, “Net Actuarial Present Values” pertain to estimated changes in the net actuarial present value of future benefit 
payments and administrative expenses incurred by a retirement system or associated with an OPEB plan. A more detailed 
explanation can be found in Section I: Actuarial Impact on Retirement Systems and OPEB.  
 
Change in Net Actuarial Present Values Pertaining to:   
  The Retirement Systems    Increase 
  Other Post-employment Benefits (OPEB)    0 
  Total    Increase 
 
This bill is subject to 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. 
 
“Net Fiscal Costs” 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.  
 
In the following table, expenditures and revenues only include cash flows to or from the affected retirement system or OPEB plan, (e.g. 
administrative expenses incurred by, benefit payments from, or contributions to the retirement system) and do not include administrative 
expenditures and revenues specifically incurred by the state or local government entities associated with implementing the legislation. 
A more detailed explanation can be found in Section II: Fiscal Impact on Retirement Systems and OPEB. 
 
Five Year Net Fiscal Costs Pertaining to: 	Expenditures Revenues 
  The Retirement Systems  Increase  Increase 
  Other Post-employment Benefits (OPEB) 	0 	0 
  Local Government Entities 	Increase 	0 
  State Government Entities  Increase  0 
  Total  Increase  Increase 
 
In the following table, expenditures and revenues include administrative expenditures and revenues specifically incurred by the state or 
local government entities associated with implementing the legislation and do not include cash flows to or from the affected retirement 
system (i.e. contribution changes included in the above table). This information is provided by the LLA Local Government Services or 
the Legislative Fiscal Office. A more detailed explanation can be found in Sections III: Fiscal Impact on Local Government Entities and 
Section IV: Fiscal Impact on State Government Entities. 
 
Five Year Net Fiscal Costs Pertaining to: 	Expenditures Revenues 
  Local Government Entities  $ 0  $ 0 
  State Government Entities  0  0 
  Total  $ 0  $ 0 
  
                                                
1
 This is a different assessment from the actuarial cost relating the 2/3
rd
 vote (refer to the section near the end of this Actuarial Note “Information 
Pertaining to La. Const. Art. X, §29(F)”). 
Senate Bill 434 SLS 22RS-213 	Date: May 20, 2022 
Reengrossed  Organizations Affected: TRSL 
Author: Fields 
LLA Note SB 434.04 	RE1 INCREASE APV  2022 REGULAR SESSION 
ACTUARIAL NOTE SB 434
 
 
Page 2 of 6 
I. ACTUARIAL IMPACT ON RETIREMENT SYSTEMS AND OPEB 
 
This section of the actuarial note pertains to changes in the net actuarial present value of expected future benefit payments and 
administrative expenses incurred by the retirement systems or associated with an OPEB plan. 
 
1. Retirement Systems 
 
The change in net actuarial present value of expected future benefits and administrative expenses incurred by the retirement 
systems from the proposed legislation is expected to increase.  
 
Current law includes two broad categories of reemployed retirees under TRSL, the 2010 Return to Work (RTW) Group (those 
who retired prior to July 1, 2010 or returned to work prior to July 1, 2020) and the 2020 RTW Group (those who returned to 
work after June 30, 2020 or those who meet the definition of the 2010 RTW Group but made an irrevocable election to be 
covered under the 2020 RTW Group rules).  For both groups, with the exception of those who fill a “critical shortage” position, 
benefits are suspended during the twelve months from the effective date of retirement. 
 
1) 2010 RTW Group 
a. Retirees who retired prior to July 1, 2010 or fill a “critical shortage” position, as defined in current statute, are able to 
return to work without a benefit suspension.  
 
b. Retirees who work in specific positions may return to work without a suspension of benefits as long as actual earnings 
do not exceed 25% of their annual retirement benefit. Retirement benefits will be reduced on a dollar-for-dollar basis 
in excess of this limit.  
 
c. All other retirees are subject to a suspension of benefits and do not accrue a supplemental benefit for the period of 
reemployment.  
 
2) 2020 RTW Group may elect one of the following two options: 
a. Continue to receive benefits while reemployed.  If actual earnings exceed 25% of the final average compensation in 
any fiscal year, retirement benefits will be reduced on a dollar-for-dollar basis in excess of this limit, or the retiree 
may elect option 2 if employed in a full-time position. 
 
b. If employed in a full-time covered position, the retiree may elect a full suspension of benefits, again become an active 
member of the retirement system, and earn a supplemental benefit for the subsequent period of service. 
 
The proposed law would make the following changes: 
 
1) The requirement to be included in the 2010 vs 2020 RTW Groups would change from returned to work prior to July 1, 
2020 to retired prior to July 1, 2020.  
 
2) Members of the 2020 RTW Group who returned to work prior to July 1, 2020, and made the election to be covered by the 
2020 RTW rules, can make a new election to be covered by the updated 2010 RTW Group rules. 
 
3) Change the advertising requirements necessary to satisfy the definition of critical shortage for the 2010 RTW Group.  
 
4) Allows any service retiree in the 2010 RTW Group to return to active employment through June 30, 2027, without the 
suspension of their retirement benefit, if they are: 
a. Filling a position in mathematics, science, English language arts, or special education excluding gifted and 
talented, and are certified to teach in that position; or 
b. Filling a vacancy created by a teacher that is on maternity leave, military leave, sabbatical leave, or extended sick 
leave; and who has attained at least age 62, with at least 30 years of creditable service in the retirement system. 
  
5) If a certified teacher who is not a retiree applies for a position filled in accordance with Item 4, such non-retiree shall 
replace the retiree at the start of the next grading period. 
 
6) Creates a new classification of critical shortage through June 30, 2027, specifically for faculty in nursing programs at 
public postsecondary educational institutions. If a critical shortage is determined to exist, a regular service retiree who 
retired prior to July 1, 2020, has attained at least age 62, with at least 30 years of creditable service in the retirement system, 
and who has been retired at least 12 months, may return to fill a position as an adjunct professor without a suspension of 
benefits. 
 
Theoretically, there is not an immediate actuarial or fiscal impact from this bill because it does not change existing benefits or 
contribution requirements. However, this bill expands the pool of retirees who are eligible to return to work without a 
suspension of benefits. Therefore, total expected benefit payments can be expected to increase because retirees who would 
otherwise have a reduction in benefit will be eligible to receive their full benefit.  
 
2. Other Post-employment Benefits (OPEB) 
 
The change in net actuarial present value of expected future benefits and administrative expenses associated with OPEB, 
including retiree health insurance premiums, from the proposed legislation is expected to be $0. 
 
While some existing retirees may qualify for health care coverage as an active employee rather than continue with post-
retirement medical insurance, any changes are expected to be minimal, therefore treated as zero.  
 
   2022 REGULAR SESSION 
ACTUARIAL NOTE SB 434
 
 
Page 3 of 6 
II. FISCAL IMPACT ON RETIREMENT SYSTEMS AND OPEB 
 
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 only include cash flows to or from the affected retirement system or OPEB plan, (e.g. 
administrative expenses incurred by, benefit payments from, or contributions to the retirement system) and do not include administrative 
expenditures and revenues specifically incurred by the state or local government entities associated with implementing the legislation. 
 
A. Estimated Fiscal Impact – Retirement Systems 
 
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. 
Table A: Retirement System Fiscal Cost 
Expenditures 2022-23 2023-24 2024-25 2025-26 2026-27 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  Increase  Increase  Increase  Increase 
  
Revenues 	2022-23 2023-24 2024-25 2025-26 2026-27 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. 
 
1. Expenditures: 
 
a. TRSL expenditures (Agy Self-Generated) will increase because more in retirement benefits will be paid under the bill than 
under current law. 
 
b. Administrative costs to make modifications to existing computer programs and update publications and 
educational/training materials would be minimal and can be absorbed within TRSL's existing budget. 
 
c. Total employer contributions will increase because higher expected benefit payments result in slightly higher liabilities, 
but expected contribution rates will be relatively the same. Changes in employer contributions are reflected in the State 
General Fund and/or Local Fund expenditure lines above. The actual sources of funding (e.g., Federal Funds, State General 
Fund, etc.) may vary by employer and are not differentiated in the table. 
 
2. Revenues: 
 
Changes in retirement contributions identified as expenditures have corresponding changes in Agy Self-Generated revenues. 
 
B. Estimated Fiscal Impact – OPEB 
 
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. 
 
Table B: OPEB Fiscal Cost 
Expenditures 2022-23 2023-24 2024-25 2025-26 2026-27 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 	2022-23 2023-24 2024-25 2025-26 2026-27 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 
 
 
 
  2022 REGULAR SESSION 
ACTUARIAL NOTE SB 434
 
 
Page 4 of 6 
The proposed legislation will have the following effects on OPEB related fiscal costs and revenues during the five-year measurement 
period. 
 
1. Expenditures: 
 
No measurable effect. 
 
2. Revenues: 
 
No measurable effect. 
 
 
III. FISCAL IMPACT ON LOCAL GOVERNMENT ENTITIES 
(Prepared by LLA Local Government Services) 
 
This section of the actuarial note pertains to annual fiscal costs (savings) related to administrative expenditures 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) 
 
From time to time, legislation is proposed that has an indirect effect on administrative expenditures and revenues associated with 
local government entities (other than the impact included in Tables A and B). Table C shows the estimated fiscal administrative 
cost 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. 
 
Table C: Fiscal Costs for Local Government Entities 
Expenditures 2022-23 2023-24 2024-25 2025-26 2026-27 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 	2022-23 2023-24 2024-25 2025-26 2026-27 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 administrative costs and revenues related to local government 
entities during the five-year measurement period. 
 
1. Expenditures: 
 
Assuming advertising requirements are lessened, this bill may decrease local government expenditures, but the timing and 
amount is indeterminable at this point.   
 
2. Revenues: 
 
No measurable effect. 
 
 
IV. FISCAL IMPACT ON STATE GOVERNMENT ENTITIES 
(Prepared by Legislative Fiscal Office) 
 
This section of the actuarial note pertains to annual fiscal cost (savings) related to administrative expenditures 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) 
 
From time to time, legislation is proposed that has an indirect effect on administrative expenditures and revenues associated with 
state government entities (other than the impact included in Tables A and B). Table D shows the estimated fiscal administrative 
cost 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. 
 
 
   2022 REGULAR SESSION 
ACTUARIAL NOTE SB 434
 
 
Page 5 of 6 
Table D: Fiscal Costs for State Government Entities 
Expenditures 2022-23 2023-24 2024-25 2025-26 2026-27 5-Year Total 
State General Fund  See below $ 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 	2022-23 2023-24 2024-25 2025-26 2026-27 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. 
 
1. Expenditures: 
 
In addition to the impact on employer contribution rates already reflected in Table A above, there will also be a cost to the 
Department of Education associated with conducting a study related to the impact of critical shortage positions in the school 
system. The department indicates that they will contract with a vendor to conduct this study. The department projects the 
contract cost to be $45,000 SGF. However, the LFO cannot corroborate that the study will require an outside vendor. To the 
extent that this study is conducted in house with existing staff, there will be no additional cost. 
 
2. Revenues: 
 
There is no anticipated direct material effect on governmental revenues as a result of this measure. 
 
 
V. ACTUARIAL DISCLOSURES 
 
Intended Use 
 
This actuarial note is based on our understanding of the bill as of the date shown above. It is intended to be used by the Legislature 
during the current legislative session only and assumes no other legislative changes affecting the funding or benefits of the affected 
systems, other than those identified, will be adopted. Other readers of this actuarial note are advised to seek professional guidance as to 
its content and interpretation, and not to rely upon this communication without such guidance. The actuarial note, and any referenced 
documents, should be read as a whole. Distribution of, or reliance on, only parts of this actuarial note could result in its misuse and may 
mislead others. The summary of the impact of the bill included in this actuarial note is for the purposes of an actuarial analysis only, as 
required by La. R.S. 24:521, and is not a legal interpretation of the provisions of the bill.  
 
Actuarial Data, Methods and Assumptions 
 
Unless indicated otherwise, this actuarial note 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 assumptions and 
methods are reasonable for the purpose of this analysis.  
 
For certain calculations that may be presented herein, we have utilized commercially available valuation software and/or are relying on 
proprietary valuation models and related software developed by our actuarial contractor.  We made a reasonable attempt to understand the 
intended purpose of, general operation of, major sensitivities and dependencies within, and key strengths and limitations of these models.  
In our professional judgment, the models have the capability to provide results that are consistent with the purposes of the analysis and have 
no material limitations or known weaknesses. Tests were performed to ensure that the model reasonably represents that which is intended 
to be modeled.   
 
To the extent that this actuarial note relies on calculations performed by the retirement systems’ actuaries, to the best of our knowledge, no 
material biases exist with respect to the data, methods or assumptions used to develop the analysis other than those specifically identified. 
We did not audit the information provided, but have reviewed the information for reasonableness and consistency with other information 
provided by or for the affected retirement systems.   
 
Conflict of Interest 
 
There is nothing in the proposed legislation that will compromise the signing actuary’s ability to present an unbiased statement of 
actuarial opinion. 
 
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. 
  
 
 
 
  2022 REGULAR SESSION 
ACTUARIAL NOTE SB 434
 
 
Page 6 of 6 
Certification 
 
Kenneth J. Herbold is an Associate of the Society of Actuaries (ASA), a Member of the American Academy of Actuaries (MAAA), and 
an Enrolled Actuary (EA) under the Employees Retirement Income Security Act of 1974. Mr. Herbold meets the US Qualification 
Standards necessary to render the actuarial opinion contained herein. 
 
 
VI. LEGISLATIVE PROCEDURAL ITEMS 
 
Information Pertaining to La. Const. Art. X, §29(F) 
 
  
X 
This bill contains a retirement system benefit provision having an actuarial cost. 
 
Some members of the Teacher’s Retirement System of Louisiana could receive a larger benefit with the enactment of this bill 
than what they would have received without this bill. 
 
 
 
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 2022 
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