LEGISLATIVE BUDGET BOARD
Austin, Texas
 
ACTUARIAL IMPACT STATEMENT
 
85TH LEGISLATIVE REGULAR SESSION
 
April 13, 2017

TO:
Honorable Dan Flynn, Chair, House Committee on Pensions
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB3263 by Rodriguez, Justin (Relating to the service retirement annuity for certain members of the Judicial Retirement System of Texas Plan Two who resume service.), Committee Report 1st House, Substituted

ACTUARIAL EFFECTS
Under the bill, the amortization period (years to amortize an unfunded actuarial accrued liability (UAAL)) of the Judicial Retirement System Plan Two (JRS II) would increase from 76 years to 95. The bill would increase the UAAL from $37.4 million to $38.1 million. Government Code Section 840.106 prohibits the enactment of legislation that would increase the retirement system's amortization period to 31 years or more. Therefore, the bill cannot be enacted unless the total contribution rate is increased from 23.123% to 23.83% of payroll in order for the system to meet the statutory 31-year amortization limit.

Based on the August 31, 2016 projected to August 31, 2017 Actuarial Valuation
Judicial Retirement System of Texas Plan Two Current  Proposed  Difference
Employer Contribution 15.66% 15.66% 0.00%
       
Employee Contribution 7.46% 7.46% 0.00%
       
Total Contribution 23.12% 23.12% 0.00%
Normal Cost (% of payroll) 21.05% 21.07% 0.02%
Unfunded Actuarial Accrued Liability (millions) $37.40 $38.10 $0.70
Amortization Period (years) 76 95 19

SYNOPSIS OF PROVISIONS
The bill would amend Section 837.102 of the Texas Government Code to allow a retired judge to elect to rejoin and receive service credit in JRS II if the retiree has been separated from judicial service for at least 12 consecutive months. When the judge subsequently retires again, the retirement system would calculate the monthly annuity to include the additional service credit as if the judge were retiring for the first time. The bill would apply to a retiree of JRS II who resumes service as a judicial officer before, on, or after the effective date of the bill.

The bill would take effect September 1, 2017.

FINDINGS AND CONCLUSIONS
The bill would impact JRS II retirees who wish to return to work after retirement and current retirees who have resumed service as judicial officers. The bill would allow return-to-work judges to effectively cancel or mitigate an early retirement reduction (if applicable), earn additional credited service, and increase their benefit further by contributing beyond 20 years of service (if applicable).

Currently, the JRS II pension of a retired judge who returns to judicial service is suspended. Also, a return-to-work judge does not make employee contbsequent service; and upon subsequent retirement, the resumed pension is not recalculated.

The PRB actuarial review states that JRS II is currently actuarially unsound. The bill, if enacted, would increase the amortization period of JRS II from 76 years to 95 years, making the system more actuarially unsound. Under the current PRB Guidelines for Actuarial Soundness, funding should be adequate to amortize the unfunded actuarial accrued liability over a period which should not exceed 40 years, with 15-25 years being a more preferable target. Additionally, under Texas Government Code 840.106, the bill may not be enacted because JRS II would have a 95 year amortization period (exceeding 31 years) after bill enactment.

The actuarial analysis states that if the bill is enacted, the total contributions for fiscal year 2016 would need to increase to a total of 23.83% of payroll in order for the system to become actuarially sound and comply with the requirements of Government Code Section 840.106. The actuarial analysis assumes that previously retired judges that have returned to judicial service would be eligible to make an election to rejoin and receive service credit in JRS II.

The actuarial analysis also states that under this proposal, the potential increase in pension benefits would provide additional incentive for the retired judges to return to work and take advantage of the potential increase in pension benefits; however, based on current plan experience, this is an infrequent occurrence.

METHODOLOGY AND STANDARDS
The JRS II analysis relies on the participant data, financial information, benefit structure and actuarial assumptions and methods used in the JRS II actuarial valuation as of 8/31/2016.

According to the PRB actuaries, the actuarial assumptions, methods and procedures used in the analysis appear to be reasonable. All actuarial projections have a degree of uncertainty because they are based on the probability of occurrence of future contingent events. Accordingly, actual results will be different from the results contained in the analysis to the extent actual future experience varies from the experience implied by the assumptions. This analysis is based on the assumption that no other legislative changes affecting the funding or benefits of JRS II will be adopted. It should be noted that when several proposals are adopted, the effect of each may be compounded, resulting in a cost that is greater (or less) than the sum of each proposal considered independently.

SOURCES
Actuarial Analysis by R. Ryan Falls, FSA, EA, MAAA, Gabriel Roeder Smith & Company, 3/6/2017.
Actuarial Review by Kenneth J. Herbold, ASA, EA, MAAA, Staff Actuary, Pension Review Board, 4/13/2017.

GLOSSARY
Actuarial Accrued Liability (AAL) -The portion of the PVFB that is attributed to past service.
Actuarial Value of Assets (AVA)- The smoothed value of system's assets.
Amortization Payments - The yearly payments made to reduce the Unfunded Actuarial Accrued Liability (UAAL).
Amortization Period - The number of years required to pay off the unfunded actuarial accrued liability. The State Pension Review Board recommends that funding should be adequate to amortize the UAAL over a period which should not exceed 40 years, with 15-25 years being a more preferable target. An amortization period of 0-15 years is also a more preferable target.  
Actuarial Cost Method - A method used by actuaries to divide the Present Value of Future Benefits (PVFB) into the Actuarial Accrued Liability (AAL), the Present Value of Future Normal Costs (PVFNC), and the Normal Cost (NC).
Funded Ratio (FR) - The ratio of actuarial assets to the actuarial accrued liabilities.
Market Value of Assets (MVA) -The fair market value of the system's assets.
Normal Cost (NC) - The portion of the PVFB that is attributed to the current year of service.
Present Value of Future Benefits (PVFB) - The present value of all benefits expected to be paid from the plan to current plan participants.
Present Value of Future Normal Costs (PVFNC) - The portion of the PVFB that will be attributed to future years of service.
Unfunded Actuarial Accrued Liability (UAAL) - The Actuarial Accrued Liability (AAL) less the Actuarial Value of Assets (AVA).









Source Agencies:
338 Pension Review Board
LBB Staff:
UP, KFa