By: Paul, et al. H.B. No. 3310
(Senate Sponsor - Taylor of Galveston)
(In the Senate - Received from the House May 11, 2015;
May 12, 2015, read first time and referred to Committee on State
Affairs; May 24, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 24, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3310 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the funding policies, actuarial valuations, and
reporting requirements of certain public retirement systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.209(a), Government Code, is amended
to read as follows:
(a) For each public retirement system, the board shall post
on the board's Internet website, or on a publicly available website
that is linked to the board's website, the most recent data from
reports received under Sections 802.101, 802.103, 802.104,
802.105, [and] 802.108, 802.2015, and 802.2016.
SECTION 2. Section 802.002(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), the Employees
Retirement System of Texas, the Teacher Retirement System of Texas,
the Texas County and District Retirement System, the Texas
Municipal Retirement System, and the Judicial Retirement System of
Texas Plan Two are exempt from Sections 802.101(a), 802.101(b),
802.101(d), 802.102, 802.103(a), 802.103(b), 802.2015, 802.2016,
802.202, 802.203, 802.204, 802.205, 802.206, and 802.207. The
Judicial Retirement System of Texas Plan One is exempt from all of
Subchapters B and C except Sections 802.104 and 802.105. The
optional retirement program governed by Chapter 830 is exempt from
all of Subchapters B and C except Section 802.106.
SECTION 3. Section 802.101(a), Government Code, is amended
to read as follows:
(a) The governing body of a public retirement system shall
employ an actuary, as a full-time or part-time employee or as a
consultant, to make a valuation at least once every three years of
the assets and liabilities of the system on the basis of assumptions
and methods that are reasonable in the aggregate, considering the
experience of the program and reasonable expectations, and that, in
combination, offer the actuary's best estimate of anticipated
experience under the program. The valuation must include a
recommended contribution rate needed for the system to achieve and
maintain an amortization period that does not exceed 30 years.
SECTION 4. Section 802.1014, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Except as provided by Subsection (c), a public
retirement system that has assets of at least $100 million shall
conduct once every five years an actuarial experience study and
shall submit to the board a copy of the actuarial experience study
before the 31st day after the date of the study's adoption.
SECTION 5. Subchapter C, Chapter 802, Government Code, is
amended by adding Sections 802.2015 and 802.2016 to read as
follows:
Sec. 802.2015. FUNDING SOUNDNESS RESTORATION PLAN. (a) In
this section, "governmental entity" has the meaning assigned by
Section 802.1012.
(b) This section applies to a public retirement system and
its associated governmental entity other than a public retirement
system and its associated governmental entity subject to Section
802.2016.
(c) A public retirement system shall notify the associated
governmental entity in writing if the retirement system receives an
actuarial valuation indicating that the system's actual
contributions are not sufficient to amortize the unfunded actuarial
accrued liability within 40 years. If a public retirement system's
actuarial valuation shows that the system's amortization period has
exceeded 40 years for three consecutive annual actuarial
valuations, or two consecutive actuarial valuations in the case of
a system that conducts the valuations every two or three years, the
governing body of the public retirement system and the associated
governmental entity shall formulate a funding soundness
restoration plan under Subsection (e) in accordance with the
system's governing statute.
(d) The governing body of a public retirement system and the
associated governmental entity that have formulated a funding
soundness restoration plan under Subsection (e) shall formulate a
revised funding soundness restoration plan under that subsection,
in accordance with the system's governing statute, if the system
conducts an actuarial valuation showing that:
(1) the system's amortization period exceeds 40 years;
and
(2) the previously formulated funding soundness
restoration plan has not been adhered to.
(e) A funding soundness restoration plan formulated under
this section must:
(1) be developed by the public retirement system and
the associated governmental entity in accordance with the system's
governing statute; and
(2) be designed to achieve a contribution rate that
will be sufficient to amortize the unfunded actuarial accrued
liability within 40 years not later than the 10th anniversary of the
date on which the final version of a funding soundness restoration
plan is agreed to.
(f) A public retirement system and the associated
governmental entity that formulate a funding soundness restoration
plan shall report any updates of progress made by the entities
toward improved actuarial soundness to the board every two years.
(g) Each public retirement system that formulates a funding
soundness restoration plan as provided by this section shall submit
a copy of that plan to the board and any change to the plan not later
than the 31st day after the date on which the plan or the change is
agreed to.
Sec. 802.2016. FUNDING SOUNDNESS RESTORATION PLAN FOR
CERTAIN PUBLIC RETIREMENT SYSTEMS. (a) In this section,
"governmental entity" has the meaning assigned by Section 802.1012.
(b) This section applies only to a public retirement system
that is governed by Article 6243i, Revised Statutes.
(c) A public retirement system shall notify the associated
governmental entity in writing if the retirement system receives an
actuarial valuation indicating that the system's actual
contributions are not sufficient to amortize the unfunded actuarial
accrued liability within 40 years. If a public retirement system's
actuarial valuation shows that the system's amortization period has
exceeded 40 years for three consecutive annual actuarial
valuations, or two consecutive actuarial valuations in the case of
a system that conducts the valuations every two or three years, the
associated governmental entity shall formulate a funding soundness
restoration plan under Subsection (e) in accordance with the public
retirement system's governing statute.
(d) An associated governmental entity that has formulated a
funding soundness restoration plan under Subsection (e) shall
formulate a revised funding soundness restoration plan under that
subsection, in accordance with the public retirement system's
governing statute, if the system conducts an actuarial valuation
showing that:
(1) the system's amortization period exceeds 40 years;
and
(2) the previously formulated funding soundness
restoration plan has not been adhered to.
(e) A funding soundness restoration plan formulated under
this section must:
(1) be developed in accordance with the public
retirement system's governing statute by the associated
governmental entity; and
(2) be designed to achieve a contribution rate that
will be sufficient to amortize the unfunded actuarial accrued
liability within 40 years not later than the 10th anniversary of the
date on which the final version of a funding soundness restoration
plan is formulated.
(f) An associated governmental entity that formulates a
funding soundness restoration plan shall report any updates of
progress made by the public retirement system and associated
governmental entity toward improved actuarial soundness to the
board every two years.
(g) An associated governmental entity that formulates a
funding soundness restoration plan as provided by this section
shall submit a copy of that plan to the board and any change to the
plan not later than the 31st day after the date on which the plan or
the change is formulated.
SECTION 6. A public retirement system subject to Section
802.2015, Government Code, as added by this Act, or a governmental
entity subject to Section 802.2016, Government Code, as added by
this Act, shall formulate a funding soundness restoration plan, if
required to do so under the applicable section, based on the most
recent actuarial valuation study conducted under Section 802.101,
Government Code, as amended by this Act, not later than November 1,
2016. The first actuarial valuation study that is conducted for or
by a public retirement system on or after the effective date of this
Act must include a recommended contribution rate.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, a public retirement system subject to Section
802.1014(b-1), Government Code, as added by this Act, shall conduct
the first actuarial experience study required by Section
802.1014(b-1), Government Code, as added by this Act, not later
than September 1, 2016.
(b) A public retirement system subject to Section
802.1014(b-1), Government Code, as added by this Act, that
conducted an actuarial experience study after August 31, 2011, and
on or before the effective date of this Act, shall conduct the first
actuarial experience study required by Section 802.1014(b-1),
Government Code, as added by this Act, not later than the fifth
anniversary of the date of that preceding study.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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