Retirement
groups seek year's delay
By Marsha Shuler
Capitol news bureau
The Jindal administration hopes to fix flaws in the new ''cash balance''
pension plan, while two major retirement systems
are trying to get a year's delay in its planned July 1 implementation.
Although Gov. Bobby Jindal opposes any delay, the Louisiana State Employees Retirement
System and the Teachers Retirement System of Louisiana have served legal notice
that they will ask the Legislature to approve a resolution suspending the law.
Jindal cannot veto such resolutions.
A state district court judge last month ruled that the 401(k)-type plan, known
as ''cash balance,'' did not receive the required votes for passage. Administration
lawyers have filed for a suspensive appeal in 19th Judicial District Court,
while the issue goes to the Louisiana Supreme Court where it will be decided.
''Cash
balance,'' which affects new hires, was the only major piece of Jindal's proposed
pension system revamp to clear the Louisiana Legislature, during the 2012
session. Other legislation making current members of the LASERS and TRSL work
longer for less benefits failed to win passage.
A legal notice has been filed indicating that legislation
would be filed in the upcoming 2013 legislative session that addresses the
''cash balance'' plan's administration and operation, membership, contributions
and eligibility.
The
Governor's Office confirmed the legislation in the legal notice is part of a
package for the session that opens April 8.
''We are
continuing to meet with legislators, as we plan for the upcoming session, and
no final decisions have been made on retirement system
legislation to pursue,'' Jindal's Chief of Staff Paul Rainwater wrote in an
email statement. He would not agree to answer questions about the issue.
''However,
we want to be ready to address any issues that might be raised by the courts,''
Rainwater stated.
If the
Louisiana Supreme Court agrees with the lower court's ruling, the
administration must go back to the Legislature on its ''cash-balance'' plan,
and get a two-thirds vote of approval required by the constitution because it
adds to pension costs.
If the
administration wins the appeal, the new law still would need some alteration,
said Maureen Westgard, the TRSL executive director. Westgard said the pension
system has identified at least 13 issues that need to be resolved in how the
plan is administered.
Cindy
Rougeou, the LASERS executive director, said her board favors a delay in
implementation ''due to the significant federal issues that have yet to be
resolved'' involving the plan's Internal Revenue Service and Social Security
status.
Adverse
decisions from the IRS could subject employees' vested contributions and retirement system trust
earnings to taxes. In addition, some employees would have to be enrolled in
Social Security if the state benefit is not equivalent to Social Security's -
adding to state employee and taxpayer costs. The costs would be levied
retroactively from the plan's start, said Maris LeBlanc, LASERS deputy
director.
TRSL
also supports the delay ''given how many complications there are with the court
case and Social Security equivalency,'' Westgard said. ''There appears there
may be some interest in suspending that (law) ... probably not from the
administration.''
House Retirement Committee
Chairman Kevin Pearson, R-Slidell, said he doesn't see ''a tremendously active
session'' in the pension arena.
''Legislators
said 'don't bring another retirement bill back,'
'' said Pearson, who sponsored the cash balance plan. He said cash balance
clean up legislation is on the table.
Senate Retirement Committee
Chairman Elbert Guillory said he's working on legislation that will guarantee
cost-of-living raises to retirees but at the same time require an additional
contribution by active employees and change how the pension benefit is
calculated.
Companion
legislation will provide revenue streams that can be used to pay for the COLAs,
said Guillory, D-Opelousas.
''I
really expect the (employee) contribution to be temporary. I expect and hope we
will be able to get enough money, we will not need to ask people to make that
extra sacrifice,'' Guillory said.
He said
he has four ideas to pitch to Jindal including earmarking 2 percent of all
state settlements, and 2 percent of the interest on unclaimed property,
proceeds for tickets for driving in the left lane on multi-lane highways and
taxes on games at ''racinos,'' a race track with casino gambling games.
LASERS
and TRSL also served legal notice they will ask the Legislature to change the
calculation method that determines employer payments to ''entry age normal.''
The proposal got nowhere last year.
The
pension change could have saved state government about $40 million last year.
In
projecting actuarial cost, the normal cost is a lower percentage of salary in
early years of service. The normal cost increases annually as each member
approaches retirement eligibility.