86R7345 TSR-D By: Flynn H.B. No. 2657 A BILL TO BE ENTITLED AN ACT relating to the funding soundness restoration plans required for certain public retirement systems. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 802.2015(c), (d), and (e), Government Code, are amended to read as follows: (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 30 [40] years. If a public retirement system's actuarial valuation shows that the system's amortization period has exceeded 30 [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 30 [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 30 [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. SECTION 2. Sections 802.2016(c), (d), and (e), Government Code, are amended to read as follows: (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 30 [40] years. If a public retirement system's actuarial valuation shows that the system's amortization period has exceeded 30 [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 30 [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 30 [40] years not later than the 10th anniversary of the date on which the final version of a funding soundness restoration plan is formulated. SECTION 3. A public retirement system and an associated governmental entity subject to Section 802.2015, Government Code, as amended by this Act, or a governmental entity subject to Section 802.2016, Government Code, as amended 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, not later than November 1, 2020. SECTION 4. This Act takes effect September 1, 2019.