LEGISLATIVE BUDGET BOARD
Austin, Texas
 
ACTUARIAL IMPACT STATEMENT

88TH LEGISLATIVE REGULAR SESSION
 
April 4, 2023

TO:
Honorable Giovanni Capriglione, Chair, House Committee on Pensions, Investments & Financial Services
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB4540 by Longoria (Relating to the state salary for retired judges.), As Introduced

COST ESTIMATE

Based on the February 28, 2023, Actuarial Valuation projected forward to August 31, 2023.
Assuming no separate legislation to increase salaries
Judicial Retirement System - Plan 2 (JRS -2)  
Current  Proposed  Difference
Employee Contribution (% of payroll)    9.38%      9.38%        0.00%
Employer Contribution (% of payroll)  15.66%    15.66%        0.00%
Total Contribution (% of payroll)  25.04%    25.04%        0.00%
Normal Cost (% of payroll)  26.81%    26.81%        0.00%
Contribution Rate to Fully Fund by 8/31/2054       (percent of payroll)  23.63%    29.98%        6.35%
Unfunded Actuarial Accrued Liability (millions)   $95.20    $192.90       $97.70
Funded Ratio  85.80%    74.90%    -10.90%
Amortization Period (years) Infinite Infinite N/A

ACTUARIAL EFFECTS
The actuarial analysis shows implementing the provisions of the bill would result in an increase in the unfunded actuarial accrued liability (UAAL) of JRS-2 and a lower funded ratio for the system.  The analysis also shows the need for an increase in the contribution rate in order to fully fund JRS-2 in less than 31 years. Any legislation increasing the salaries of current judges would have a larger negative actuarial impact on JRS-2 than implementing the provisions of the bill without a salary increase. 
 
The actuarial review states under the current Pension Review Board (PRB) Pension Funding Guidelines, funding should be sufficient to cover the normal cost and to amortize the UAAL over as brief a period as possible, but not to exceed 30 years, with 10 to 25 years being the preferable target range. JRS-2 statute defines actuarial soundness, for purposes of making modifications to benefit and contribution levels, as less than 31 years. JRS-2 is currently actuarially unsound, with an infinite amortization period. The projected funding period would remain at infinite and therefore remain unsound with passage of the bill.

The actuarial review notes that if the bill is enacted, employer contributions for fiscal year 2024 would have to be increased from 15.66 percent to 29.98 percent of payroll.  Because JRS-2 is not currently actuarially sound, passage of this bill would require a contribution increase sufficient to comply with the statutory actuarial soundness requirement for JRS-2.
 
SYNOPSIS OF PROVISIONS

The bill would recompute the annuities for service retirees and death benefit beneficiaries of JRS-2 who retired before September 1, 2019. The benefits would be calculated as if the member's salary on their retirement date would have been that of a judge or justice who has eight years and one day of service as of September 1, 2019, and would be classified under the last court of which they were elected or appointed. The benefits would be recomputed on the effective date of the bill.

The bill would also provide similar changes to benefits if the 88th Legislature increases the salary of district or appellate judges or justices. The benefits would be recomputed on the effective date of the salary increase.

The bill would be effective September 1, 2023.

FINDINGS AND CONCLUSIONS

 
The actuarial analysis notes current funding arrangements for JRS-2 are not sufficient to eliminate the UAAL over a finite period. Assuming the market value of assets earns 7 percent per year, JRS 2 is currently projected to remain solvent until 2067, after which the funding would revert to a pay-as-you-go status.

 
METHODOLOGY AND STANDARDS
 
The JRS-2 analysis relies on the participant data, financial information, benefit structure and actuarial assumptions and methods used in the JRS-2 actuarial valuations for February 28, 2023, projected forward to August 31, 2023.
 
According to the PRB actuary, the actuarial assumptions, methods, and procedures are reasonable for the purpose of this analysis. 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-2 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, and Dana Woolfrey, FSA, EA, MAAA, Gabriel, Roeder, Smith & Company, April 3, 2023.
Actuarial Review by David Fee, ASA, EA, Staff Actuary, Pension Review Board, April 3, 2023.
 
GLOSSARY

Actuarial Accrued Liability (AAL) -The current value of benefits attributed to past years.
Actuarial Value of Assets (AVA) - The value of assets used for the actuarial valuation. The AVA can be either the market value (MVA) or a smoothed value of assets.
Amortization Payments - The portion of the total contribution used to reduce the unfunded actuarial accrued liability (UAAL).
Amortization Period - The specified length of time used when calculating the amortization payment portion of an actuarially determined contribution, or as the time it would theoretically take to fully fund the UAAL or fully recognize a surplus. The State Pension Review Board recommends that funding should be sufficient to cover the normal cost and to amortize the UAAL over as brief a period as possible, but not to exceed 30 years, with 10-25 years being the preferable target range.
Actuarial Cost Method -An actuarial cost method is a way to allocate pieces of a participant's total expected benefit to each year of their working career. In other words, it is a technique to determine how much of the present value of future benefits (PVFB) to assign to past service (AAL) vs. future service (present value of future normal costs, or PVFNC).
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) - Computed differently under different actuarial cost methods, the normal cost generally represents the current value of benefits attributed to the present year. The employer normal cost equals the total normal cost of the plan reduced by employee contributions.
Present Value of Future Benefits (PVFB) - The current value of all benefits expected to be paid from the plan to current plan participants.
Present Value of Future Normal Costs (PVFNC) - The current value of benefits attributed to the present year and all future years (includes the normal cost as the first year).
Unfunded Actuarial Accrued Liability (UAAL) - The difference between the actuarial accrued liability and the actuarial value of assets; therefore, the UAAL is the amount that is still owed to the fund for past obligations.
 



Source Agencies:
338 Pension Review Board
LBB Staff:
JMc, MOc, LCO, JPO, CMA