State Retirement Reform Legislation

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State Retirement Reform Legislation Presentation to the NCPERS Trustee Educational Seminar (TEDS) May 2, 2015 Luke Martel Program Manager Fiscal Affairs Program

Overview State-administered plans represent only 6% of systems, but represent 88% of active members and 83% of assets. 30% of the state & local workforce roughly 6 million workers are not covered by Social Security. Majority of public safety employees are not covered by Social Security. Majority are traditional defined benefit plan designs. 2

Overview (Cont d) Last year pension related legislation was considered in at least 48 different states, territories or DC. NCSL's Pension Legislation Database has 762 bills so far for 2015. 316 bills were enacted in 2014 in 47 different states. 3

Overview (Cont d) This report is concerned with state legislation changing state retirement plans for general employees and teachers, which 48 states revised between 2009 and 2014 some more than once: 2009 10 states 2010 21 states 2011 32 states 2012 10 states 2013 6 states and Puerto Rico 2014 2 states 4

Major Pensions Legislation 2009 2014: All Topics Total: 48 States PR 5

Increases in Employee Contributions 2009 2014 Future Members Only (6 states) At Least Some Current Members (24 states) PR 6

Changes in Employee Contributions in 2012 Employee Contribution Multiplier Kansas Tier 1 Employees hired before July 1, 2009 Raises from 4% to 5% Remains at 1.85% OR Remains at 4% Reduces to 1.4% for future service Employee Contribution Kansas Tier 2 Employees hired after July 1, 2009 Remains at 6% Multiplier Gains an increase from 1.75% to 1.85% COLA Loses annual COLA provided in 2007 legislation. 7

Changes in Employee Contributions in 2012 Applicability New York Tier VI New Tier Scales Employee Contributions to Salary Most state & local government employees & teachers, including NYC plans. $45k or less 3% $45k $55k 3.5% $55k $75k 4.5% $75k $100k 5.75% $100k $179k 6% No contribution on earnings in excess of the governor s salary, currently $179k. Current employee contributions are 3% for general employees; 3.5% for teachers. 8

Higher Age and Service Requirements for New Members 2009 2014 4 4 Total: 34 States PR 9

Higher Age and Service Requirements for New Members in 2012 Normal Retirement Alabama Tier 1 Employees hired before January 1, 2013 After 25 years or at age 60. Benefits Base Highest 3 years out of last 10. Multiplier 2.0125% Normal Retirement Alabama Tier 2 Employees hired after January 1, 2013 At age 62 (no more 25 years & out) Benefits Base Highest 5 years out of last 10. Multiplier 1.65% 10

Reductions in Post-Retirement Benefit Increases 2009 2014 Total: 29 States Future hires only (7 states) At least some active employees (7 states) People already retired and active employees (15 states) PR 11

Non-DB Statewide Retirement Plans Total: 19 States + Puerto Rico Mandatory Hybrid Plan (6 states + PR) Mandatory Cash Balance Plan (3 states) Mandatory Defined Contribution Plan (3 states) Choice of Primary Plan (7 states) PR 12

Replaced DB Plans 2009 2014 Total: 8 States + Puerto Rico PR 13

Defined Contribution (DC) Plans Function like savings accounts. Funds are more portable. Stabilizes states costs for new hires. Risks and responsibilities shifted to employee: Risk of losing funds with investment fluctuations. No guaranteed rate of return. Employee must (usually) choose: o Employee contribution amount (risk of saving too little); o Among investment options. Administrative & investment costs are generally higher than with DB plans. Sources: Center for Retirement Research at Boston College, A Role for Defined Contribution Plans in the Public Sector National Institute on Retirement Security, A Better Bang for the Buck 14

Oklahoma Defined Contribution Plan (2014) Applicability Employee Contribution Employer Contribution Future State Employees and Elected Officials hired after November 1, 2015. 3% Mandatory, up to 7% permissible. (pre-tax basis) 3% Base + dollar-for-dollar match of employee contribution up to an additional 4% Vesting After 1 Year: 20% After 2 Years: 40% After 3 Years: 60% After 4 Years: 80% After 5 Years: 100% Source: http://www.opers.ok.gov/2014-legislative-summary 15

Applicability Employee Contribution Employer Contribution Retirement Eligibility Tennessee Hybrid Plan (2013) Future State Employees, Teachers and Higher Ed Employees hired after July 1, 2014. 7% (DB: 5%, DC: 2%) Provision for employees to opt out of 2% DC contribution. 8% (DB: 4%, DC: 4%). Age 65 with 5 YOS or Rule of 90 (current plan is 30 YOS or age 60). Multiplier 1% (current plan is 1.575%). Vesting 5 Years for DB Benefits. Immediate vesting for DC contributions. 16

Cash Balance Plans Kentucky adopted in 2013. Kansas and Louisiana adopted in 2012, but the Louisiana plan was ruled unconstitutional. Very rare in the public sector. A cash balance plan: Provides each member with an individual account. Employees and employers contribute to the account. The member cannot choose how the money is invested. Members' accounts are managed in one trust fund, and members are guaranteed a return on investment. If investment return makes it possible, member accounts can receive additional returns. In public plans, upon retirement, the member receives an annuity based on the account balance. 17

Kentucky Cash Balance Plan (2013) Applicability Employee Contribution Employer Contribution Vesting Guaranteed Interest Credit State Employees and County Employees hired after July 1, 2013. 5% for non-hazardous employees. 8% for hazardous employees. 4% for non-hazardous employees. 7.5% for hazardous employees. After 5 Years. 4% annually with additional interest credits made each year equal to 75% of the 5 year average investment return in excess of 4%. 18

Kansas Cash Balance Plan (2012) Applicability Social Security Coverage Employee Contribution Employer Contribution Vesting Guaranteed Interest Credit State Employees, Teachers, County Employees, Some City Employees Yes 6% Mandatory 3%-6%, depending on YOS 4% at 5 Years 5% at 12 Years 6% at 24 Years After 5 Years 5.25% 4% Annually, possibility of additional dividends if investment experience warrants. 19

Sources and Contact Visit www.ncsl.org/pensions for retirement reports, legislative summaries, webinars and presentation materials prepared by NCSL. Luke Martel, luke.martel@ncsl.org 303-856-1470 20