NCPERS Public Safety Conference October 2016 Williams & - - PowerPoint PPT Presentation

NCPERS Public Safety Conference October 2016

Williams & Jensen, PLLC

Legislative Issues

• WEP
• Normal Pension Cost
• PEPTA
• Annuity Accumulation Plan

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Windfall Elimination Provision

• Part of federal law since 1983
• First tranche (building block) of SS benefit reduced

from 90% of average monthly earnings to 40%

• Repeal efforts continue (S. 3303 for public safety)
• More targeted approach

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WEP, cont.

• H.R. 711, by Ways and Means Committee Chairman

Kevin Brady (R‐TX)

• Two pieces (rebate for current beneficiaries and new

proportional‐based formula for future beneficiaries)

• Questions raised: Why everyone? What about the

substantial earnings test (important for public safety)

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Normal Pension Cost

• H.R. 5427, Rep. Robert Dold (R‐IL)
• Attempted in 2015 on Every Student Succeeds Act

(revision of No Child Left Behind)

• Stopped because of unintended consequences

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Normal Cost, cont.

• Would affect the use of ESEA dollars by states
• No state may require an LEA to pay for more than

normal cost

• Normal cost ≠ accrued unfunded liabilities

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Public Employee Pension Transparency Act (PEPTA)

• S. 2381, Puerto Rico Assistance Act, Finance

Committee Chairman Orrin Hatch (R‐UT)

• H.R. 4822, Rep. Devin Nunes (R‐CA)
• State and local reporting on funding status to

federal government for the first time

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PEPTA, cont.

• Annual reports to U.S. Treasury Department
• Two sets of calculations:

1) Current assumed rate of return 2) Supplemental report based on FMV of assets and U.S. Treasury obligation yield curve

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PEPTA, cont.

• Many happy returns…
• Single year returns are one thing
• 3‐year, 5‐year, 10‐year, 15‐year, and 20‐year

averages are something else

• Heightened degree of political pressure

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Annuity Accumulation Plan

• Also included in S. 2381, the Puerto Rico

Assistance Act

• Sponsor “may” establish an annuity accumulation

retirement plan

• However, this new proposed plan is being

positioned as a replacement for DB plans

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Annuity Plan, cont.

• Individual, deferred, fixed‐rate annuities (annual)
• Only employer contributions allowed
• Aspirational ceilings of 30% for public safety; 20%

for others; higher limits for certain ages

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Annuity Plan, cont.

Concerns:

• Replacement income (inconsistent

contributions)

• Survivor and disability benefits (public safety)
• New costs: (1) aggregation costs (outside

provider or sponsor/fund); (2) transition costs (similar to DB to DC); and (3) new determination letter

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PROMESA

• Final law covers only public plans in Puerto

Rico

• But, opportunities to broaden discussion
• Fiscal plan, recommendations on alternatives

to pension funding, Congressional Task Force, main analysis, and GAO studies

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Looking Ahead

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Lame‐Duck Session

• Start with election results
• Viable issues for the short‐term (coal miners,

DC retirement issues, composite plans for multi‐employer plans)

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2017‐18

• New Congress (115th)
• New President
• Agenda

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2017‐18 (Agenda)

• Tax Reform (ultimate catch‐all tax bill)
• Social Security reform/modernization
• Retirement‐related legislation
• ACA reform (early avenue for Medicare)

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Contact Information

Tony Roda, Partner Williams & Jensen, PLLC 701 8th Street, NW, Suite 500 Washington, DC 20001 (202) 659‐8201 ajroda@wms‐jen.com

Williams & Jensen, PLLC