Louisiana 2024 2024 Regular Session

Louisiana House Bill HB42 Introduced / Fiscal Note

                    OFFICE OF LEGISLATIVE AUDITOR 
2024 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 4 
 
Bill Header: RETIREMENT/MUNICIPAL POL:  Provides relative to membership in the Municipal Police Employees' Retirement 
System. 
 
Purpose of Bill:  
This bill: 
1) Provides that employees of a municipality will be members of the Municipal Police Employees' Retirement System (MPERS) 
only if the municipality opts-in to MPERS by entering an agreement with MPERS; provides that anyone who is a member on 
January 1, 2025, remains a member while he remains employed in such a position even if his employing municipality does not 
enter an agreement with the system.  
2) Removes the option currently available to an employee to opt-out of participating in MPERS if the employer is a participating 
employer in accordance with item 1, i.e. all future employees who meet the appropriate classification for membership must be 
members of MPERS or no employees (other than those already a member) will be members of MPERS. 
3) Increases Board membership from 15 to 19 members by adding four additional mayors appointed by the Louisiana Municipal 
Association (LMA). 
4) Provides that any action instituted by MPERS to recover delinquent payments or damages associated with delinquent payments 
is subject to a liberative prescription of three years and is subject to the Louisiana Governmental Claims Act. 
 
Cost Summary
1
: The estimated net actuarial and fiscal impact of the proposed legislation is summarized below.  
  
The expected change in the net actuarial present value of expected future benefits and administrative expenses incurred by the 
retirement systems from the proposed law is not actuarially measurable. A more detailed explanation can be found in Section I: 
Actuarial Impact on Retirement Systems.  
 
Net Fiscal Costs pertain to changes to all cash flows over the next five-year period including retirement system cash flows or cash flows 
related to local and state government entities.  
 
In the following table, expenditures and revenues include cash flows to or from the affected retirement system (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. 
 
Five Year Net Fiscal Costs Pertaining to: 	Expenditures Revenues 
  The Retirement Systems    Increase  See Section II 
  Local Government Entities  See Section II 	0 
  State Government Entities  0  0 
  Total   See Section II   See Section II 
 
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 requiring a 2/3
rd
 vote (refer to the section near the end of this Actuarial Note “Information 
Pertaining to La. Const. Art. X, §29(F)”). 
House Bill 42 HLS 24RS-131 	Date: March 13, 2024
 
Original 	Organizations Affected: MPERS 
Authors: Firment and Butler 
LLA Note HB 42.01 	OR SEE ACTUARIAL NOTE APV   2024 REGULAR SESSION 
ACTUARIAL NOTE HB 42
 
 
Page 2 of 4 
I. ACTUARIAL IMPACT ON RETIREMENT SYSTEMS 
 
This section of the actuarial note is intended to provide a brief outline of the changes in plan provisions and actuarial effect on key 
aspects of the affected retirement systems.   
 
This bill provides that employees of a municipality will be members of the Municipal Police Employees' Retirement System (MPERS) 
only if the municipality opts-in to MPERS by entering an agreement with MPERS.  In order to apply for membership, a municipality 
must provide an actuarial study, at the employer’s expense, showing the total existing accrued liability it would be adding to MPERS, 
and agree to pay that amount to MPERS.   
 
For employers who are currently participating , who elect to continue, there appears to be very little change. For employers who are not 
currently participating, while these requirements protect MPERS from taking on additional unfunded liabilities, they add cost for 
employers applying for membership which may discourage them from doing so. To the extent overall membership increases total costs 
will increase, but the total contribution rate could decrease as the unfunded accrued liability will be shared across a larger pool of 
employees.   
 
To the extent that employers currently participating with MPERS elect not to enter an agreement, the employees they hire in the future 
will not be eligible for membership, and MPERS active membership will tend to decrease. This provision would lower the overall cost 
to the System over time; however, given the current level of the unfunded accrued liability (UAL) if these employers are not deemed to 
have a partial dissolution, where they are required for the payment of a pro rata share of the system’s UAL, this burden would shift to 
any remaining employers via an increase in the employer contribution rate. 
 
This bill also increases Board membership from 15 to 19 members by adding four additional mayors appointed by the Louisiana 
Municipal Association (LMA). This provision would add ongoing administrative costs to the System, primarily associated with travel 
and training costs of the four new trustees, and possibly additional costs to modify the existing boardroom or find a more suitable 
location for board meetings. 
 
Finally, this bill provides that any action instituted by MPERS to recover delinquent payments or damages associated with delinquent 
payments is subject to a liberative prescription of three years and is subject to the Louisiana Governmental Claims Act. This provision 
is not expected to add to the cost of the System, but it may limit the amount MPERS may recover in such judgements.   
 
Any additional changes implemented by this bill are estimated to have minimal impact on the overall costs of MPERS. 
 
The net impact of these changes depends heavily on the elections made by eligible employers to participate or not in the future. It is not 
possible for us to determine the overall impact at this time. 
 
 
II. FISCAL IMPACT ON RETIREMENT SYSTEMS 
 
This section of the actuarial note pertains to annual fiscal costs (savings) associated with the retirement systems.  
 
Fiscal costs or savings include only cash flows to or from the affected retirement system (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 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 2024-25 2025-26 2026-27 2027-28 2028-29 5-Year Total 
State General Fund $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 
Agy Self-Generated  Increase  Increase  Increase  Increase  Increase  Increase 
Stat Deds/Other 0  0  0  0  0  0 
Federal Funds 0  0  0  0  0  0 
Local Funds See Below  See Below  See Below  See Below  See Below  See Below 
Annual Total See Below  See Below  See Below  See Below  See Below  See Below 
   
Revenues 2024-25 2025-26 2026-27 2027-28 2028-29 5-Year Total 
State General Fund $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 
Agy Self-Generated  0  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 0  0  0  0  0  0 
Annual Total $ 0  See Below  See Below  See Below  See Below  See Below 
 
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. 
 
The proposed legislation will have the following effects on retirement related fiscal costs and revenues during the five-year 
measurement period. 
 
1. Expenditures: 
 
a. Agy Self-Generated expenditures are expected to increase to account for an increase in administrative costs associated 
with 1) travel and training costs for four additional trustees of approximately $20,000-$30,000 per year, 2) potential one-
time construction costs to renovate the board room or on-going costs to find and utilize an appropriate meeting space, and 
3) short-term staff costs to manage and review potential agreement with the various employers. 
  2024 REGULAR SESSION 
ACTUARIAL NOTE HB 42
 
 
Page 3 of 4 
b. It is not possible to determine the overall impact on a change in employer contributions (Local Funds expenditures). 
Employer contributions consist of a per-person variable cost and a “fixed” cost. To the extent employer participation 
increases, total employer contributions will increase. If employer participation decreases as a result of this bill, the per-
person variable cost will decrease but the “fixed” costs remain. These costs may be shifted to other employers but the net 
amount to MPERS will remain the same.  
 
c. For employers who are not currently participating, but wish to participate in the future, expected administrative costs will 
go up in order to provide the actuarial study showing the total existing accrued liability it would be adding to MPERS. 
While not explicitly required by law, it is reasonable to assume MPERS will require this study be completed by the 
system’s actuary. It is also likely to be most efficient as well. The expected cost will depend on the number of current 
active employees and the quality of payroll data provided. On average, this will likely cost somewhere from $1,000 - 
$5,000 and will be billed by the retirement system as a pass-through cost. However, it is assumed that employers not 
currently participating will not make an election to participate during the five-year measurement period. 
 
2. Revenues: 
 
Changes in retirement contributions identified as changes in Local Fund expenditures have corresponding changes in Agy Self-
Generated revenues. 
 
 
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 Table A.  
 
The proposed legislation is not expected to have any additional effects on fiscal administrative costs and revenues related to local 
government entities during the five-year measurement period, other than those outlined above. 
 
 
IV. FISCAL IMPACT ON STATE GOVERNMENT ENTITIES 
(Prepared by Legislative Fiscal Office) 
 
This section of the actuarial note pertains to annual fiscal costs (savings) related to administrative expenditures and revenue impacts 
incurred by state government entities other than those included in Table A.  
 
N/A - This bill only impacts local government, and therefore, has no state impact. The LFO does not review local government bills. 
 
 
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. 
 
   2024 REGULAR SESSION 
ACTUARIAL NOTE HB 42
 
 
Page 4 of 4 
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); 
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 at rates that differ from 
what was 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. 
 
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) 
 
☐ This bill contains a retirement system benefit provision having an actuarial cost.  
 
 No member of a retirement system would 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 Sections II, III, and IV for the first three years following the 2024 
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   If an annual General Fund fiscal cost ≥ $100,000, then 
   dual referred to:   bill is dual referred to: 
   Dual Referral: Senate Finance   Dual Referral: 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   If a net fee decrease occurs or is an increase in annual 
   bill is dual referred to:   fees and taxes ≥ $500,000, then bill is dual referred to: 
   Dual Referral: Revenue and Fiscal Affairs  Dual Referral: Ways and Means