HomeMy WebLinkAboutDocumentation_Pension General_Tab 12.13_08/10/2015A PAIZTNERS141P OF PROFESSIONAL ASSOCIATIONS
.ATTORNEYS AT LAW
MEMORANDUM
To: All Florida Pension Clients
From: Klausner Kaufman Jensen & Levinson
Re: House Bill 1309 (amending Sections 112.63 and 112.664, Florida Statutes)
Date: June 16, 2015
Overview
All Florida governmental defined benefit pension plans should be aware that Governor
Scott approved House Bill 1309 (hereinafter "HB 1309"), which was adopted during the regular
session of the Florida Legislature this year. The new legislation applies to police, fire and general
employee plans. HB 1309 builds on other recent legislation aimed at providing more uniformity
among Florida governmental `defined benefit plans. HB 1309 will require the adoption of
mortality tables used by the Florida Retirement System ("FRS"). It is expected that the use of the
FRS mortality tables will impact contribution requirements for many plans, as will need to be
calculated by the plan's actuary. In future years, as FRS amends its mortality tables, local plans
will need to follow suit by using either of the two most recently published FRS tables.
Amendment to Section 112.63's funding requirements
By way of background, a defined benefit plan's annual funding requirements are
determined by the regular actuarial valuations prepared by a plan's enrolled actuary. Section
112.63, Florida Statutes, sets forth the minimum requirements under Florida law, which are used
to calculate the plan sponsor's annual contribution. HB 1309 amends Section 112.63 as follows:
(f) Effective January 1, 2016, the mortality tables used in either of the two most
recently published actuarial valuation reports of the Florida Retirement System,
including the projection scale for mortality improvement. Appropriate risk and
collar adjustments must be made based on plan demographics. The tables must be
used for assumptions for preretirement and postretirement mortality.
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According to the latest available data, approximately two dozen governmental
plans in Florida currently use the 1983 Group Mortality Table. Approximately another
two dozen governmental plans use the 1994 Group Mortality Table. Approximately 440
plans use a version of the RP 2000 mortality table. The cost of implementing the new
FRS mortality tables will depend on which mortality table a plan is currently using.
Although HB 1309 is "effective January 1, 2016," it is unclear whether the new
requirements apply to the October 1, 2015 valuation or the October 1, 2016 valuation. In
most cases, the October 1, 2015 valuation is adopted in early 2016 and sets the
contribution for the 10/1/16 through 9/30/17 fiscal year. By contrast, the October 1, 2016
valuation sets the contribution for the 10/1/17 through 9/30/18 fiscal year.
We have requested guidance from the Division of Retirement and expect that HB
1309 will be interpreted as applying to the October 1, 2016 valuation (which will
ordinarily be adopted in early 2017).
If the Division of Retirement agrees with this interpretation that HB 1309 applies
to the October 1, 2016 valuation, plans will have the option of early adopting the FRS
tables in the October 1, 2015 valuation. Early adoption will enable boards to phase in
higher costs over two years rather than fully implementing HB 1309 in a single year.
Amendment to Section 112.664's reporting requirements
Section 112.664 governs the controversial "reporting standards" for defined
benefit plans, in contrast to the "funding" requirements under 112.63. Based on the
regulations adopted by the Division of Retirement in April of this year, plans are required
to begin complying with Section 112.664's reporting standards 60 days after the board
approves its actuarial valuation.
HB 1309 amends Section 112.664 to align reporting standards with funding
standards. As a result, Section 112.664 reports will be based on the FRS tables rather than
the RP 2000 Scale AA table. This amendment is effective plan years ending on or after
December 31, 2015.
Recommendation
Actuaries around the state are already busy complying with the new reporting
standards in Section 112.664. After the 112.664 reports are prepared and filed with the
Division of Retirement, boards and plan sponsors are encouraged to consult with their
actuary to determine the impact of HB 1309 on your plan and the schedule for
compliance.