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The Advisory Group on Civil Service & Employee Benefits Cindy Rougeou Executive Director Louisiana State Employees’ Retirement System August 2009 Louisiana Retirement Systems 13 State and Statewide Retirement Systems Defined Benefit Plans State Systems – benefits guaranteed under Article X § 29 of State Constitution 1. 2. 3. 4. Louisiana State Employees’ Retirement System (LASERS) Louisiana State Police Retirement System (STPOL) Louisiana School Employees Retirement System (LSERS) Teachers Retirement System of Louisiana (TRSL) Statewide Systems – benefits not guaranteed by the State 1. 2. 3. 4. 5. 6. 7. 8. 9. Assessors’ Retirement System Clerks’ of Court Retirement and Relief Fund District Attorney’s Retirement System Municipal Employees Retirement System Municipal Police Employees Retirement System Firefighters Retirement System Parochial Employees Retirement System Sheriff’s Pension & Relief Fund Registrar of Voters Employees Retirement System 2 Constitutionally Guaranteed Benefits for State Systems • Accrued benefits cannot be reduced • Actuarial soundness must be attained and maintained • State systems are second in line behind GO Bonds at the state treasury to ensure payment of required amounts 3 Defined Benefit Plan • What is a DB plan? • Guaranteed benefit based on years of employment, age (for purposes of eligibility), salary, and accrual rate • LASERS Benefit Formula • Accrual Rate * Years of Service * Final Average Compensation • Example: 2.5% accrual rate * 25 years = 62.5% Salary = highest 36 month average* $50,000 * 62.5% = $31,250 benefit • Funding sources • Employee contributions (fixed by statute) • Employer contributions (variable) • Investment earnings • Investment risk is borne by employer 4 *60 month average for employees hired on/after July 1, 2006 Vested Rights What is vesting? • Gregg Smith, et al v. Bd. of Trustees of La. State Retirement System, 851 So.2d 1100, 2002-2161 (La. 6/27/03) – upon meeting the age and service requirements an employee acquires a vested right. A vested right must be absolute, complete and unconditional, independent of a contingency and mere expectancy of future benefit.” • McGrath v. Rhode Island Retirement Bd., 88 F.3d 12, 18 (1st Cir. 1996) – the state could make modifications and even terminate a person’s retirement benefits…unless age and service requirements were met.” • “Accrued” has been defined to mean due and payable 5 Three Main Sources of LASERS Funding • Employee contributions • Fixed rate set by statute, may vary for different employee classifications • $196 million for FYE 2008 • Employer contributions • Changes each year based on actuarial valuation • $465 million for FYE 2008 (20.4%) • Includes normal cost of $183.7M + UAL pmt of $283.4M • Earnings from investments • Each retirement system is expected to achieve a certain actuarial rate of return • 8.49% actuarial return for FYE 2008 • -19.1% total market return for FYE 2009 • $7.221 billion total plan market value as of 7/31/09 6 Funding Benefits • LASERS is NOT a pay-as-you-go system • Income from a given year does not (and is not intended to) fund benefits for that year • Contributions received by the system are intended to fund benefits being accrued that year by active members (members not yet receiving benefits) • Contributions are also intended to fund the UAL amortization payment • The average normal cost portion of the employer contribution for past 10 years is 6.94697% • 2008 LASERS UAL was $4.473 billion • Payment was 11.3% of payroll, or $283.4 million The largest percentage of benefits paid is funded by investment earnings 7 Benefit Statistics as of 6/30/2008 Class Accrual Rate (%) Total # of Retirees Regular 2.5 37,575 Corrections Primary 2.5 Corrections Secondary Employee Contribution Rate Average Monthly Benefit Amount Average Annual Benefit Amount Employee Funded* 8.00% hired on/after 7/1/06 7.50% hired before 7/1/06 $1,528 $18,336 51.8% 1,272 9.00% $1,607 $19,284 44.5% 3.33 56 9.00% $2,838 $34,056 56.0% Peace Officers 3.33 8 9.00% $1,894 $22,728 52.3% Judicial 3.5 281 11.50% $5,185 $62,220 45.7% Legislative 3.5 116 11.50% $2,136 $25,632 42.7% Wildlife Agents – Pre 2003 3 225 9.50% $1,716 $20,592 29.3% Wildlife Agents – Post 2003 3.33 41 9.50% $4,194 $50,328 43.4% Total Benefits Paid in 2008 = 750.4 Million *As of 3/6/2009 Employer Contribution FY 09-10: 18.6% (7.3% normal cost, 11.3% UAL) 8 Membership • Mandatory for most state employees whose employing agency is a LASERS participant, except those exempted by state law • LASERS Membership totals 151,650 (FYE 2008) FY 2008 FY 2007 Retirees* 39,399 38,722 Actives 61,780 60,444 DROP 2,643 2,624 Inactive 47,828 43,797 *Includes Terminated Vested 9 Optional Membership (RS 11:411) • Age 60 or older at the time of employment • Age 55 or older who have credit for at least 40 quarters in the Social Security system (does not apply to rehired retirees) • Any person who is receiving retirement benefits from any Louisiana public retirement system, other than LASERS, at the time the person becomes an employee in state service 10 Act 75 of 2005 – New Rank and File Plan • Applies to those regular employees hired on or after 7/1/2006 • Employee contribution rate – 8.0% • 10 years at age 60 is only retirement option • Final average compensation based on 60 months (5 years) 11 Rank and File Eligibility • Pre-Act 75 (hired before 7/1/06) • • • • 10 25 30 20 years years years years at at at at age age any any 60 55 age age (actuarially reduced) • Act 75 (hired on/after 7/1/06) • 10 years at age 60 9,090 (16.46%) of 55,216 of current rank and file members are eligible for 20 years at any age actuarially reduced retirement. 12 Retirement Eligibility Category Retirement Eligibility Regular Employees 10 years at age 60 (hired on/after 7/1/06 – Act 75 of 2005) Hired before 7/1/06: 30 years at any age 25 years at age 55 10 years at age 60 20 years at any age (actuarially reduced) Judges and Court Officers 10 years as judge/court officer at age 65 18 years as judge/court officer at any age 20 years at age 50 (12 years must be as judge/court officer) 12 years at age 55 (12 years must be as judge/court officer) Age 70 (no minimum service required) Governor, Legislators, etc. 16 years as legislator, governor, etc. at any age 20 years at age 55 (12 years must be as legislator, governor, etc) 12 years as legislator, governor, etc. at age 55 Corrections Primary: 10 years at age 60; Hired after 1986 - 20 years at age 50 25 yrs at any age; 20 yrs at any age (reduced) Hired before 1986 - 20 years at any age Secondary: 10 years at age 60 25 years at any age 13 Retirement Eligibilities (continued) Category Retirement Eligibility Peace Officers 30 years at any age 25 years at age 55 10 years at age 60 20 years at any age (actuarially reduced) Wildlife Agents 10 years at age 60 Hired before 7/1/03: 20 years at any age 10 years at age 55 Hired after 7/1/03: 25 years at any age Bridge Police 10 years at age 60 25 years at any age 20 years at any age (act. reduced) Alcohol Tobacco Control / Dept. of Revenue Enforcement Personnel 25 years at any age 10 years at age 60 20 years at any age (act. reduced) 14 Regular Retirement Options • Regular retirement options • • • • • • • Maximum Option 1 Option 2 Option 3 Option 4A Option 4B Act 270* established an option for a pre-funded 2.5% annual COLA • Option selected determines actual benefit received 15 *2009 Regular Legislative Session Retirement Options Maximum Plan: Retiree receives basic benefit At retiree death, beneficiary receives balance of contributions in lump sum More than one beneficiary can be named and changed at any time Contribution reduced monthly by total benefit amount received Option 1: Retiree receives reduced benefit based on retiree life expectancy At retiree death, beneficiary receives balance of contributions in lump sum More than one beneficiary can be named and changed at any time Contributions reduced monthly by actuarial reduction 16 Retirement Options The following options allow only one beneficiary and are based on age of retiree and age of beneficiary. However, should the beneficiary precede the member in death, any option that allows a beneficiary a monthly annuity automatically pops up to the Maximum Plan. Option 2A: Retiree receives reduced benefit depending on life expectancy of retiree and beneficiary At retiree death, beneficiary receives same amount as retiree Option 2B: Retiree receives reduced benefit depending on life expectancy of retiree, beneficiary, and mentally handicapped child/children At retiree death, beneficiary receives same amount as retiree At beneficiary death, benefit continues to guardian of mentally handicapped child/children 17 Retirement Options Option 3: Retiree receives reduced benefit depending on life expectancy of retiree and beneficiary At retiree death, beneficiary receives 50% of retiree benefit Option 4A*: Retiree receives 90% of maximum benefit Spouse receives 55% of maximum benefit Option 4B: Retiree receives reduced benefit depending on life expectancy of retiree and beneficiary Beneficiary receives 55% of retiree benefit *NOTE: Must name spouse as beneficiary and have been married at least two years before retirement 18 Disability Retirement – Rank and File Minimum Requirements • 10 years of LASERS service credit • Totally incapable of performing current job duties in accordance with LASERS law • Disabling condition must have occurred while active unless member has 20 years of service credit • Disability recertification is required every year for the first 5 years and every 3 years thereafter 19 Survivor Benefits – Rank and File • Payable to surviving spouse and/or children, dependent upon conditions • If member had 5 yrs service, children may be eligible • If member had 10 yrs service, surviving spouse may be eligible • If member had 20 yrs service and left state service, survivor’s benefits may apply • Cannot exceed more than 75% of member’s final average compensation at time of death 20 Air Time • Air time is a type of service credit that can be purchased • Air Time “A” (before 6/30/05) • Must have 1 year service credit to qualify • May purchase up to 5 years service credit • Air time may be used for eligibility and benefit calculation • Air Time “B” (on/after 6/30/05) • Must have 5 years service credit to qualify • May purchase up to 5 years service credit • Air time may only be used for benefit calculation, not eligibility 21 Deferred Retirement Option Plan (DROP) • • • • Retire and continue employment Employee and employer contributions cease Participant chooses a retirement option and beneficiary DROP participation must be selected within 60 days of first retirement eligibility to participate for the full 36 months • DROP window opens when member is first eligible for normal retirement • Benefit that would be drawn if DROP participant left employment is instead placed in individual tax sheltered account • At the end of 36 months (or specified DROP period): • Terminate employment and begin receiving benefit • Continue employment and accrue a supplemental benefit • Employee and employer contributions resume 22 Deferred Retirement Option Plan (DROP) • Three ways to exit DROP early • Voluntary termination of employment • Involuntary termination of employment • Death • During DROP • No employee or employer contributions are paid to LASERS • No additional service credit is earned • Self-Directed DROP Plan • Member’s first eligible to retire after Jan 1, 2004 • DROP account administered through third party provider 23 Initial Benefit Option (IBO) • Retire and receive a lump sum equivalent of up to 36 months of maximum retirement benefit • Retirement benefit will be actuarially reduced for your lifetime based on the lump sum chosen • Eligibility • Any time once member is eligible for retirement • No defined participation period (unlike DROP) • Ineligible for IBO if early retirement is chosen 24 Social Security • Louisiana is one of seven states that does not participate in Social Security for governmental employees • Most LASERS members do not pay Social Security tax • LASERS members hired on/after 4/1/86 pay Medicare tax • Comparing the value of the LASERS benefit to Social Security would involve many factors, including, but not limited to, federal offsets, average benefit comparisons, and Medicare eligibility 25 Summary • LASERS is a defined benefit plan, funded by employee contributions, employer contributions, and investment earnings • With membership of over 151,650, LASERS serves 8 groups of members and administers 15 different plans • LASERS does not participate in Social Security, and members are affected by federal offsets • LASERS Defined Benefit is both a positive economic engine for LA and a vital means of support for over 39,300 retirees, paying out over $750 million in retirement benefits in 2008 26