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 2 Bill Header: CIVIL/VENUE: Provides relative to venue for certain legal actions instituted by the Municipal Police Employees' Retirement System Purpose of Bill: This bill changes the venue for any action taken by the Municipal Police Employees' Retirement System (MPERS) from the parish of East Baton Rouge to the judicial district in which the employer is located. I. ACTUARIAL IMPACT ON RETIREMENT SYSTEMS 1 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. The net change in actuarial present value of expected future benefits and administrative expenses incurred by the retirement systems from the proposed legislation is estimated to be $0. II. FISCAL IMPACT ON RETIREMENT SYSTEMS AND LOCAL GOVERNMENT ENTITIES This section of the actuarial note pertains to annual fiscal costs (savings) associated with the retirement systems and local government entities. The exact effect on fiscal administrative costs and revenues is indeterminable at this time because the overall impact relies heavily on the details of individual cases involving MPERS and local governments across the state. However, we have presented general information regarding potential impacts below: 1. According to MPERS, based on 9 outstanding lawsuits, at least 25 other potential cases yet to be filed, and an average of 5 attorney general collection cases, additional expenses resulting from this bill could total approximately $345,000 annually. Expenses are comprised of mileage, hotels and meals for staff, attorneys, and the system actuary. 2. According to the Louisiana Municipal Association (LMA), the towns and villages who are getting sued by MPERS are currently incurring expenses similar to those presented above. These expenses are associated with hiring attorneys and associated travel to litigate in Baton Rouge. Therefore, any increase in expenditures incurred by MPERS would have an offsetting reduction in expenditures by municipalities, according to LMA. 3. According to the 19 th Judicial District Court (JDC), proposed legislation will have very little, if any, fiscal impact on revenues and expenditures. Any decrease in revenues to the 19 th JDC would also have an offsetting increase in revenues to local jurisdictions where the cases are litigated. III. 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 Section II. N/A - This bill only impacts local government, and therefore, has no state impact. The LFO does not review local government bills.] IV. 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. 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)”). Senate Bill 329 HLS 24RS-266 Date: April 16, 2024 Original Organizations Affected: MPERS Author: Seabaugh LLA Note HB 329.01 OR SEE ACTUARIAL NOTE FC 2024 REGULAR SESSION ACTUARIAL NOTE SB 329 Page 2 of 2 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. 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. 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. V. 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/Some members of a retirement system would/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 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