HLS 10RS-260 ORIGINAL
Page 1 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1337
BY REPRESENTATIVES ROBIDEAUX AND TUCKER
RETIREMENT/STATE SYSTEMS: Relative to the state retirement systems, makes
changes to the benefits for persons hired on or after January 1, 2011
AN ACT1
To amend and reenact R.S. 11:203, 211, 212, 214, 231, 403(5), 441(A) and (F), 444(A),2
461(B), 471(A), 478(A), 551, 553 (introductory paragraph), 581, 601(B), 602,3
701(5)(a), (b), and (c)(i), 761(A)(3), 768(B)(2) and 778(C) and (D), 779, 1002(6)(b),4
1141(A) and (C)(1)(a), 1144(B)(2)(a) and (3), 1147(C)(2)(b), 1151(A), 1307(A),5
1310(A), 1313(B)(introductory paragraph), 1316(A), 1317(A)(1)(introductory6
paragraph), 1318(A), 1319, 1320(A), 1321(A)(1), 1322(A)(introductory paragraph)7
and to enact R.S. 11:62(14), 471.1, Subpart D of Part VII of Chapter 1 of Subtitle8
II of Title 11 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.9
11:611 through 619, 761(A)(4), 779.1, 1002(6)(c), 1144(B)(4), 1147(C)(2)(a)(iii),10
1151.1, 1313(C), 1323, 1323.1, Part III of Chapter 4 of Subtitle II of Title 11 of the11
Louisiana Revised Statutes of 1950, to be comprised of R.S. 11:1351 through 1359,12
and R.S. 24:36(M), relative to the Louisiana State Employees' Retirement System,13
the Teachers' Retirement System of Louisiana, the State Police Pension and14
Retirement System, and the Louisiana School Employees' Retirement System; to15
provide relative to membership, employee contributions, benefit calculation, survivor16
benefits, disability benefits, and retirement eligibility for members of such systems17
newly hired after a certain date; to provide an effective date; and to provide for18
related matters.19 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 2 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Notice of intention to introduce this Act has been published1
as provided by Article X, Section 29(C) of the Constitution2
of Louisiana.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 11:203, 211, 212, 214, 231, 403(5), 441(A) and (F), 444(A), 461(B),5
471(A), 478(A), 551, 553 (introductory paragraph), 581, 601(B), 602, 701(5)(a), (b), and6
(c)(i), 761(A)(3), 768(B)(2), 778(C) and (D), 779, 1002(6)(b), 1141(A) and (C)(1)(a),7
1144(B)(2)(a) and (3), 1147(C)(2)(b), 1151(A), 1307(A), 1310(A), 1313(B)(introductory8
paragraph), 1316(A), 1317(A)(1)(introductory paragraph), 1318(A), 1319, 1320(A),9
1321(A)(1), 1322(A)(introductory paragraph) are hereby amended and reenacted and R.S.10
11:62(14), 471.1, Subpart D of Part VII of Chapter 1 of Subtitle II of Title 11 of the11
Louisiana Revised Statutes of 1950, comprised of R.S. 11:611 through 619, 761(A)(4),12
779.1, 1002(6)(c), 1144(B)(4), 1147(C)(2)(a)(iii), 1151.1, 1313(C), 1323, 1323.1, and Part13
III of Chapter 4 of Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950,14
comprised of R.S. 11:1351 through 1359 are hereby enacted to read as follows: 15
§62. Employee contribution rates established16
Employee contributions to state and statewide public retirement systems shall17
be paid at the following rates:18
* * *19
(14) State Retirement Systems; Members Employed on or After January 1,20
2011. Beginning with Fiscal Year 2010-2011, any member of the Louisiana State21
Employees' Retirement System, the Teachers' Retirement System of Louisiana, the22
Louisiana School Employees' Retirement System, or the State Police Pension and23
Retirement System, whose first employment making him eligible for system24
membership occurs on or after January 1, 2011, shall make an employee contribution25
to the system equal to one-half of the system's normal cost rate calculated on the26
basis of an entry age normal funding method.27
* * *28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 3 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§203. Teachers' Retirement System 1
A. A member who becomes disabled, and who files for disability benefits2
while in service, and who upon medical examination and certification, as provided3
for elsewhere in this Subpart, is found to be totally disabled for any cause, shall be4
entitled to disability benefits under the provisions of R.S. 11:778(B), provided the5
member has at least five years of creditable service, and R.S. 11:778 and 779,6
provided that the disability was incurred while the member was an active7
contributing member in active service. However, if the application for disability8
benefits is not filed while the member is in service, it shall be presumed that the9
disability was not incurred while the member was an active contributing member in10
active service. Such presumption may be overcome only by clear, competent, and11
convincing evidence that the disability was incurred while the member was an active12
contributing member in active service. 13
B.(1) A person whose first employment making him eligible for system14
membership occurs on or before December 31, 2010, applying for a disability benefit15
shall have five years of actual credited service in order to qualify for a disability16
benefit. Such member shall not use credit earned while receiving workers'17
compensation in order to meet the minimum five-year eligibility requirement.18
(2) A person whose first employment making him eligible for system19
membership occurs on or after January 1, 2011, applying for a disability benefit shall20
have ten years of actual credited service in order to qualify for a disability benefit.21
Such member shall not use credit earned while receiving workers' compensation in22
order to meet the minimum ten-year eligibility requirement. 23
B. C. A member covered by R.S. 11:801 of this system, who becomes24
disabled, and who files for disability benefits while in service, and who upon medical25
examination and certification as provided for elsewhere in this Subpart, is found to26
be totally disabled for any cause, shall be entitled to disability benefits under the27
provisions of R.S. 11:805, provided the member has at least five years of creditable28
service, and provided that the disability was incurred while the member was an29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 4 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
active contributing member in active service. However, if the application for1
disability benefits is not filed while the member is in service, it shall be presumed2
that the disability was not incurred while the member was an active contributing3
member in active service. Such presumption may be overcome only by clear,4
competent, and convincing evidence that the disability was incurred while the5
member was an active contributing member in active service. 6
* * *7
§211. State Police Retirement Fund 8
A. A member whose first employment making him eligible for system9
membership occurs on or before December 31, 2010, who becomes disabled, and10
who files for disability benefits while in service, and who upon medical examination11
and certification as provided for elsewhere in this Subpart is found to be either12
totally or partially disabled solely as the result of injuries sustained in the13
performance of his official duties, or totally disabled for any cause, provided the14
member has at least five years of creditable service, and provided that the disability15
was incurred while the member was an active contributing member in active service,16
shall be entitled to disability benefits under the provisions of R.S. 11:1313(B). 17
B. A member whose first employment making him eligible for system18
membership occurs on or after January 1, 2011, who becomes disabled and who19
files for disability benefits while in service, and who upon medical examination and20
certification as provided for elsewhere in this Subpart is found to be either totally or21
partially disabled solely as the result of injuries sustained in the performance of his22
official duties, or totally disabled for any cause, provided the member has at least ten23
years of creditable service, and provided that the disability was incurred while the24
member was an active contributing member in active service, shall be entitled to25
disability benefits under the provisions of R.S. 11:1357.26
C. However, if If the application for disability benefits is not filed while the27
member is in service, it shall be presumed that the disability was not incurred while28
the member was an active contributing member in active service. Such presumption29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 5 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
may be overcome only by clear, competent, and convincing evidence that the1
disability was incurred while the member was an active contributing member in2
active service. 3
§212. Louisiana State Employees' Retirement System4
A. A member who becomes disabled, and who is not eligible for regular5
retirement, and who files for disability benefits while in service, and who upon6
medical examination and certification, as provided for elsewhere in this Subpart, is7
found to be totally disabled for any cause, shall be entitled to disability benefits8
under the provisions of R.S. 11:461(B), provided the member has at least ten years9
of creditable service, and provided that the disability was incurred while the member10
was an active contributing member in active state service. However, if the11
application for disability benefits is not filed while the member is in state service, it12
shall be presumed that the disability was not incurred while the member was an13
active contributing member in active state service; such presumption may be14
overcome only by clear, competent, and convincing evidence that the disability was15
incurred while the member was an active contributing member in active state service.16
B.(1) Subject to the appropriation of funds for this purpose, a member of the17
Louisiana State Employees' Retirement System who is first employed as a18
correction officer, probation or parole officer, or security officer of the Department19
of Public Safety and Corrections on or before December 31, 2010, and who, upon20
medical examination and certification as provided in this Subpart, is found to be21
either totally disabled or partially disabled or incapacitated solely as the result of22
injuries sustained in the official performance of official duties of a hazardous nature,23
shall be entitled to disability benefits under the provisions of R.S. 11:461(B)24
regardless of the number of years of service, provided the member has been a25
correction officer, probation or parole officer, or a security officer of the Department26
of Public Safety and Corrections. 27
(2) Any member who is first employed as a correction officer, probation or28
parole officer, or security officer of the Department of Public Safety and Corrections29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 6 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
on or after January 1, 2011, and who, upon medical examination and certification as1
provided in this Subpart, is found to be either totally disabled or partially disabled2
or incapacitated solely as the result of injuries sustained in the official performance3
of official duties of a hazardous nature, shall be entitled to disability benefits under4
the provisions of R.S. 11:617(A).5
C. If the application for disability or survivors' benefits is not filed while the6
member is in state service, it shall be presumed that the disability was not incurred7
while the member was an active contributing member in active service. Such8
presumption may be overcome only by clear, competent, and convincing evidence9
that the disability was incurred while the member was an active contributing member10
in active service.11
* * *12
§214. Employees of the Enforcement Division enforcement division in the13
Department of Wildlife and Fisheries 14
(A)(1) A member of the Louisiana State Employees' Retirement System who15
is an employee of first employed by the enforcement division in the Department of16
Wildlife and Fisheries on or before December 31, 2010, and who upon medical17
examination and certification as provided for elsewhere in this Subpart, is found to18
be either totally disabled solely as the result of injuries sustained in the official19
performance of his official duties, or partially disabled or incapacitated for any20
reason, provided the member has been an employee of the enforcement division for21
at least ten years, and provided that the disability was incurred while the member22
was an active contributing member in active service, shall be entitled to disability23
benefits under the provisions of R.S. 11:583(B). 24
(2) A member who is first employed by the enforcement division in the25
Department of Wildlife and Fisheries on or after January 1, 2011, who becomes26
disabled and who files for disability benefits while in service, and who upon medical27
examination and certification as provided for elsewhere in this Subpart is found to28
be either totally or partially disabled solely as the result of injuries sustained in the29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 7 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
performance of his official duties, or totally disabled for any cause, provided the1
member has at least ten years of creditable service, and provided that the disability2
was incurred while the member was an active contributing member in active service,3
shall be entitled to disability benefits under the provisions of R.S. 11:617.4
B. However, if If the application for disability benefits is not filed while the5
member is in state service, it shall be presumed that the disability was not incurred6
while the member was an active contributing member in active service. Such7
presumption may be overcome only by clear, competent, and convincing evidence8
that the disability was incurred while the member was an active contributing member9
in active service.10
* * *11
§231. Average compensation12
A. Notwithstanding any other provisions of law to the contrary, the13
provisions of this Section shall be applicable, unless specifically exempted in14
Subsection C below of this Section, to all members of the following public15
retirement systems:16
(1) Louisiana State Employees' Retirement System.17
(2) State Police Pension and Retirement System.18
(4) (1) Assessors' Retirement Fund.19
(5) (2) Clerks' of Court Retirement and Relief Fund.20
(6) (3) District Attorneys' Retirement System.21
(7) (4) Municipal Employees' Retirement System of Louisiana.22
(9) (5) Registrars of Voters Employees' Retirement System.23
(10) (6) Sheriffs' Pension and Relief Fund.24
(11) (7) Municipal Police Employees' Retirement System.25
B. For purposes of retirement benefit computation, average compensation,26
or its equivalent, shall be based on the thirty-six highest successive months of27
employment, or on the highest thirty-six successive joined months of employment28
where interruption of service occurred. The earnings to be considered for the29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 8 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
thirteenth through the twenty-fourth month shall not exceed one hundred and1
twenty-five percent of the earnings of the first through the twelfth month. The2
earnings to be considered for the final twelve months shall not exceed one hundred3
and twenty-five percent of the earnings of the thirteenth through the twenty-fourth4
month. Nothing herein in this Subsection, however, shall change the method of5
determining the amount of earned compensation received.6
C.(1) This Section shall not apply to members of the State Police Pension7
and Retirement System who become members on or before September 8, 1978, but8
it shall apply to all persons who become members of the State Police Pension and9
Retirement System on or after September 9, 1978.10
(2) This Section shall not apply to members of the Louisiana State11
Employees' Retirement System whose first employment making them eligible for12
system membership began on or after July 1, 2006, or to any person who receives an13
additional benefit pursuant to R.S. 11:557, 582, or 602 or R.S. 24:36.14
(3) This Section shall not apply to members of the following retirement15
systems whose first employment making them eligible for system membership began16
on or after July 1, 2006:17
(a) Clerks' of Court Retirement and Relief Fund.18
(b) Municipal Employees' Retirement System.19
(c) Registrars of Voters Employees' Retirement System.20
(d) Sheriffs' Pension and Relief Fund.21
(4) (2) This Section shall not apply to members of the Parochial Employees'22
Retirement System whose first employment making them eligible for system23
membership began on or after January 1, 2007.24
(5) (3) This Section shall not apply to members of the Assessors' Retirement25
Fund whose first employment making them eligible for system membership began26
on or after October 1, 2006.27 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 9 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(6) This Section shall not apply to members of the Louisiana School1
Employees' Retirement System whose first employment making them eligible for2
system membership began on or after July 1, 2006.3
* * *4
§403. Definitions5
The following words and phrases used in this Chapter shall have the6
following meanings, unless a different meaning is clearly required by the context:7
* * *8
(5)(a)(i) "Average compensation", for a member whose first employment9
making him eligible for membership in the system began on or before June 30, 2006,10
and for any person who receives an additional benefit pursuant to R.S.11
11:444(A)(2)(b) or (c), 557, 582, or 602 or R.S. 24:36 whose first employment12
making him eligible for receiving such additional benefit began on or before13
December 31, 2010, means the average annual earned compensation of a state14
employee for the thirty-six highest months of successive employment, or for the15
highest thirty-six successive joined months of employment where interruption of16
service occurred; however, average compensation for part-time employees who do17
not use thirty-six months of full-time employment for average compensation18
purposes shall be based on the base pay the part-time employee would have received19
had he been employed on a full-time basis.20
(ii) The earnings to be considered for the thirteenth through the21
twenty-fourth month shall not exceed one hundred and twenty-five percent of the22
earnings of the first through the twelfth month. The earnings to be considered for the23
final twelve months shall not exceed one hundred and twenty-five percent of the24
earnings of the thirteenth through the twenty-fourth month. Nothing in this25
Subparagraph, however, shall change the method of determining the amount of26
earned compensation received.27
(b)(i) "Average compensation", for a member whose first employment28
making him eligible for membership in the system began on or after July 1, 2006,29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 10 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
and subject to the limitations provided in this Subparagraph, means the average1
annual earned compensation of a state employee for the sixty highest months of2
successive employment or for the highest sixty successive joined months of3
employment where interruption of service occurred; however, average compensation4
for part-time employees who do not use sixty months of full-time employment for5
average compensation purposes shall be based on the base pay the part-time6
employee would have received had he been employed on a full-time basis. This Item7
shall also be applicable to any judge, court officer, governor, lieutenant governor,8
clerk or sergeant-at-arms of the House of Representatives, secretary or sergeant-at-9
arms of the Senate, or state treasurer whose first employment making him eligible10
for membership began on or after January 1, 2011.11
(ii) The earnings to be considered for persons to whom Item (i) of this12
Subparagraph applies for the thirteenth through the twenty-fourth month shall not13
exceed one hundred fifteen percent of the earnings of the first through the twelfth14
month. The earnings to be considered for the twenty-fifth through the thirty-sixth15
month shall not exceed one hundred fifteen percent of the earnings of the thirteenth16
through the twenty-fourth month. The earnings to be considered for the thirty-17
seventh through the forty-eighth month shall not exceed one hundred fifteen percent18
of the earnings of the twenty-fifth through the thirty-sixth month. The earnings for19
the final twelve months shall not exceed one hundred fifteen percent of the earnings20
of the thirty-seventh through the forty-eighth month. The limitations on the21
computation of average compensation contained in this Item shall not apply to any22
twelve-month period during which compensation increased by more than fifteen23
percent over the previous twelve-month period solely because of an increase in24
compensation by a uniform systemwide increase adopted by the state Department of25
Civil Service and approved by the governor or because of a pay adjustment enacted26
by the legislature. This Item shall also be applicable to any judge, court officer,27
member of the Louisiana Legislature, governor, lieutenant governor, clerk or28
sergeant-at-arms of the House of Representatives, secretary or sergeant-at-arms of29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 11 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the Senate, or state treasurer whose first employment making him eligible for1
membership began on or after January 1, 2011.2
(iii) The provisions of this Subparagraph shall not apply to any person who3
receives an additional benefit pursuant to R.S. 11:444(A)(2)(b) or (c), 557, 582, or4
602 or R.S. 24:36 whose first employment making him eligible for receiving such5
additional benefit began on or after January 1, 2011.6
* * *7
§441. Eligibility for retirement8
A.(1) Any member hired on or before June 30, 2006, or and any member9
who receives a benefit calculated pursuant to R.S. 11:444(A)(2)(b) and was hired on10
or before December 21, 2010, shall be eligible for retirement if he has:11
(a) Thirty years or more of service, at any age.12
(b) Twenty-five years or more of service, at age fifty-five or thereafter.13
(c) Ten years or more of service, at age sixty or thereafter.14
(d) Twenty years of service credit at any age, exclusive of military service15
and unused annual and sick leave, but any person retiring under this Subparagraph16
shall have his benefit, inclusive of military service credit and allowable unused17
annual and sick leave, actuarially reduced from the earliest age that he would18
normally become eligible for a regular retirement benefit under Subparagraph (a),19
(b), or (c) of this Paragraph if he had continued in service to that age. Any employee20
who elects to retire under the provisions of this Subparagraph shall not be eligible21
to participate in the Deferred Retirement Option Plan provided by R.S. 11:447 or the22
Initial Benefit Option provided by R.S. 11:446(A)(5).23
(2) Any member hired on or after July 1, 2006, shall be eligible for24
retirement if he has ten years or more of service, at age sixty or thereafter. This25
Paragraph shall also be applicable to any judge, court officer, governor, lieutenant26
governor, clerk or sergeant-at-arms of the House of Representatives, secretary or27
sergeant-at-arms of the Senate, or state treasurer whose first employment making28
him eligible for membership began on or after January 1, 2011.29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 12 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) Any full-time law enforcement personnel, supervisor, or administrator1
who is employed with the Department of Revenue, office of alcohol and tobacco2
control, on June 30, 2007, or thereafter, but on or before December 31, 2010, who3
is P.O.S.T.-certified, who has the power to arrest, and who holds a commission from4
such office shall be eligible to retire if he has:5
(a) Twenty-five years or more of service, at any age.6
(b) Ten years or more of service, at age sixty or thereafter.7
(c) Twenty years of service credit at any age, exclusive of military service8
and unused annual and sick leave, but any person retiring under this Subparagraph9
shall have his benefit, inclusive of military service credit and allowable unused10
annual and sick leave, actuarially reduced from the earliest age that he would11
normally become eligible for a regular retirement benefit under Subparagraph (a) or12
(b) of this Paragraph if he had continued in service to that age. Any employee who13
elects to retire under the provisions of this Subparagraph shall not be eligible to14
participate in the Deferred Retirement Option Plan provided by R.S. 11:447 or the15
Initial Benefit Option provided by R.S. 11:446(A)(5).16
* * *17
F. Notwithstanding the provisions of Subsection A of this Section or any18
other provision of law to the contrary, employees of persons who are first employed19
by the bridge police section of the Crescent City Connection Division of the20
Department of Transportation and Development on or before December 31, 2010,21
who are members of the system shall be eligible for retirement at any age upon22
attaining twenty- five or more years of service credit, at least ten of which were23
served immediately prior to application for retirement in a position with the bridge24
police section of the Crescent City Connection Division of the Department of25
Transportation and Development. 26
* * *27 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 13 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§444. Computation of retirement benefit1
A.(1)(a) A member who retires effective on or after July 1, 1973, shall2
receive a maximum retirement allowance equal to two and one-half percent of3
average compensation, as determined under R.S. 11:231, for every year of creditable4
service, plus three hundred dollars.5
(b) The additional sum of three hundred dollars referenced in Subparagraph6
(a) of this Paragraph shall only apply to a person who became a member prior to July7
1, 1986.8
(2)(a) Public safety service employees as those employees are referred to as9
"member" or "members" in R.S. 11:601(B) whose first employment making them10
eligible for membership began on or before December 31, 2010, shall receive a11
retirement allowance computed in accordance with R.S. 11:602.12
(b) Peace officers, as defined by R.S. 40:2402 (1)(3)(a), employed by the13
Department of Public Safety and Corrections, office of state police, other than state14
troopers, whose first employment making them eligible for membership began on15
or before December 31, 2010, shall receive a maximum retirement allowance in16
accordance with the following:17
(i)(aa) Any person employed as a peace officer on or before June 30, 2006,18
shall receive a benefit equal to three and one-third percent of average compensation,19
as determined under R.S. 11:231, for every year of creditable service in the20
retirement system whether or not such service was rendered as a peace officer, not21
to exceed one hundred percent of the member's average compensation.22
(bb) Any person employed as a peace officer on or before June 30, 2006,23
who was participating in the Deferred Retirement Option Plan on June 30, 2007, or24
who had continued in employment as of such date after completion of plan25
participation shall have his base benefit recalculated to reflect the increase in benefits26
provided pursuant to Subitem (aa) of this Item. The balance in his plan account and27
any subsequent contributions to such account shall be increased to reflect such28
benefit increase.29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 14 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(ii) Any person first employed as a peace officer after June 30, 2006, but1
before December 31, 2010, shall receive a benefit equal to three and one-third2
percent of average compensation, as determined under R.S. 11:231, for every year3
of creditable service as a peace officer, not to exceed one hundred percent of the4
member's average compensation.5
(iii) Any peace officer to whom this Subparagraph applies who continues in6
employment after participation in the Deferred Retirement Option Plan shall receive7
a supplemental benefit pursuant to R.S. 11:450(D) for such continued employment8
calculated using the accrual rate of three and one-third percent.9
(c)(i) Full-time law enforcement personnel, supervisors, and administrators10
who are employed with the Department of Revenue, office of alcohol and tobacco11
control, on June 30, 2007, who are P.O.S.T.-certified, who have the power to arrest,12
and who hold a commission from such office shall receive a maximum retirement13
allowance equal to three and one-third percent of average compensation, as14
determined pursuant to R.S. 11:231, for:15
(aa) Every year of creditable service in the retirement system earned on or16
before June 30, 2007, as a peace officer as defined in R.S. 40:2402(1)(3)(a) in17
compliance with the certification requirements applicable when such credit was18
earned, whether or not such service was rendered as such a commissioned alcohol19
and tobacco control officer, and20
(bb) Every year of creditable service earned thereafter as such a21
commissioned alcohol and tobacco control officer.22
(ii) Full-time law enforcement personnel, supervisors, and administrators23
who become employed by the Department of Revenue, office of alcohol and tobacco24
control, on or after July 1, 2007, but before December 31, 2010, who are P.O.S.T-25
certified, who have the power to arrest, and who hold a commission from such office26
shall receive a maximum retirement allowance equal to three and one-third percent27
of average compensation, as determined pursuant to R.S. 11:231, for every year of28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 15 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
creditable service in the retirement system earned as such a commissioned alcohol1
and tobacco control officer.2
(3) In computing retirement allowances, any fractional period of service shall3
be taken into account and a proportionate amount of such retirement allowance,4
annuity, or benefit shall be granted. The retirement benefits provided pursuant to the5
provisions of this Chapter shall not exceed one hundred percent of the member's6
average compensation.7
* * *8
§461. Eligibility; certification9
* * *10
B. The board of trustees shall award disability benefits to eligible members11
who have been officially certified as disabled by the State Medical Disability Board.12
The disability benefit shall be determined as follows:13
(1) Except as otherwise provided in this Section, a member shall receive a14
maximum disability retirement benefit which shall be equivalent to the regular15
retirement formula without reduction by reason of age.16
(2) Subject to the appropriation of funds for this purpose, a corrections17
officer, probation or parole officer, or a security officer of the Louisiana Department18
of Public Safety and Corrections who becomes disabled solely as a result of19
disabilities sustained in the official performance of official duties of a hazardous20
nature shall receive a maximum disability benefit of sixty percent of average21
compensation. The agency shall certify that the disability was sustained while the22
member was performing official duties while on active status and the disability must23
be certified by a physician on the State Medical Disability Board. Any such officer24
whose first employment as a corrections officer, probation or parole officer, or a25
security officer of the Louisiana Department of Public Safety and Corrections began26
on or after January 1, 2011, shall be subject to provisions of R.S. 11:617(A). 27
(3)(a) For any person whose employment first making him eligible for28
membership in the system occurred on or before June 30, 2006, or who has attained29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 16 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the age of sixty regardless of hire date, or anyone who receives an additional benefit1
pursuant to R.S. 11:444(A)(2)(b) or (c) or 557 or R.S. 24:36 whose first employment2
making him eligible for such additional benefit began on or before December 31,3
2010, the disability retiree may retire under any of the regular retirement plans which4
applies to him.5
(b) Any person who has not attained the age of sixty and whose employment6
first making him eligible for membership in the system occurred on or after July 1,7
2006, shall receive a disability benefit equal to two and one-half percent of average8
compensation for every year of creditable service. When the disability retiree attains9
the age of sixty, he shall receive his regular retirement benefit upon making10
application therefor to the board. The provisions of this Subparagraph shall not11
apply to any person who receives an additional benefit pursuant to R.S.12
11:444(A)(2)(b) or (c) or 557 or R.S. 24:36 whose first employm ent making him13
eligible for such additional benefit began on or before December 31, 2010.14
(4) Selection of retirement option need not shall be made when application15
is filed. Selection may be made after the applicant receives his disability retirement16
estimate. Upon the death of a disability retiree, his benefit shall be payable in17
accordance with the option selected at the time of application for disability18
retirement. Accumulated annual leave for which payment cannot be made upon19
retirement and unused sick leave accumulated upon retirement shall be credited to20
the extension of service in the computation of disability retirement benefits.21
* * *22
§471. Survivors' benefits; members hired on or before December 31, 201023
A. Surviving minor children. Benefits for the surviving children of members24
whose first employment making them eligible for membership in the system25
occurred on or before December 31, 2010, shall be calculated as set forth in this26
Section. The benefit or benefits shall be based on the average compensation of the27
member. A benefit shall be payable to surviving unmarried minor children of a28
member who had at least five years of creditable service, at least two years of which29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 17 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
was earned immediately prior to death, and was in state service at the time of death1
or had twenty years or more of service credit regardless of when earned and whether2
the deceased member was in the state service at the time of death.3
* * *4
§471.1. Survivors' benefits; members hired on or after January 1, 20115
A. Survivor benefits shall be due and payable by the system effective the6
first day of the next month following the death of a member whose first employment7
making him eligible for membership in the system occurred on or after January 1,8
2011, but shall not be paid until a properly completed and acceptable application is9
received by the system and all proper certifications have been received by the10
system.11
B.(1) A surviving spouse with a minor or handicapped child, or mentally12
disabled child, or children shall be paid per month, for so long as one or more13
children remain eligible for benefits under Subsection C of this Section, fifty percent14
of the benefit to which the member would have been entitled if he had retired on the15
date of his death using the member's applicable accrual rate regardless of years of16
service or age, or six hundred dollars per month, whichever is greater, provided the17
deceased member was an active member at the time of death and had five or more18
years of service credit, at least two years of which were earned immediately prior to19
death or provided the deceased member had twenty or more years of service credit20
regardless of when earned or whether the deceased member was in active service at21
the time of death.22
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent23
divorce or death of a new spouse; however, if the member was eligible to retire on24
the date of his death, benefits shall not cease upon remarriage.25
(3) When all surviving children cease to be eligible for benefits under26
Subsection C of this Section, the surviving spouse shall cease to receive benefits27
provided by this Subsection and thereafter, if eligible, shall receive benefits in28
accordance with the provisions of Subsection D of this Section.29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 18 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. In addition to the amount payable in accordance with Subsection B of this1
Section, for the benefit of the surviving minor or handicapped child, or mentally2
disabled child, or children, there shall be paid for each such child, subject to a3
maximum of two children, per month fifty percent of the benefit to which a spouse4
would be entitled under Subsection B of this Section. Benefits shall be payable to5
such children even if no spouse eligible for survivor benefits is present, provided the6
member had at least five years of service credit. Benefits for a child shall cease7
when the child is no longer a minor child as defined by this Chapter. No surviving8
minor child shall receive more than one survivor's benefit at any one time. If two9
benefits are applicable, only the larger shall be paid.10
D.(1) A surviving spouse without minor or handicapped child, or mentally11
disabled child, or children shall be paid per month, for the remainder of his life, the12
Option 2-A equivalent of the benefit amount based on years of service that the13
member had earned to the date of his death using the applicable accrual rate; or six14
hundred dollars per month, whichever is greater, provided the surviving spouse had15
been married to the deceased member for at least one year prior to death, and16
provided the deceased member was an active member at the time of death and had17
ten or more years of service credit, at least two years of which were earned18
immediately prior to death or provided the deceased member had twenty or more19
years of service credit regardless of when earned or whether the deceased member20
was in active service at the time of death.21
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent22
divorce or death of the new spouse; however, if the member was eligible to retire on23
the date of his death, benefits shall not cease upon remarriage.24
E. The accumulated contributions of a deceased member shall be paid in a25
lump sum refund to the natural person or persons that he designated as his26
beneficiary, or to his succession if there is no designated beneficiary, but only if no27
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment28
of accumulated contributions shall be made only upon receipt of the deceased29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 19 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
member's death certificate. Said payment to the named beneficiary or the estate1
cancels all liability of the system to the deceased member, his named beneficiary or2
his estate.3
F. In the event of death of a member leaving a surviving spouse and4
dependent children, the total of the benefits payable under Subsections B and C of5
this Section shall not be less each month than what would have been payable under6
Subsection D of this Section for as long as both spouse and children are eligible to7
receive benefits under Subsection B and C of this Section.8
G. If a member dies, even after retirement, eligible minor children shall9
receive the benefits under Subsection C of this Section.10
H. The benefits payable under Subsection C of this Section shall be paid to11
the person having legal custody of the property of the child, except in those cases12
when a trust created under Louisiana law has been created by the deceased member13
for the benefit of the child, the terms of the instrument creating the trust so provide14
and the system has been provided with a certified copy of the trust document, then15
the survivor benefit shall be paid to the trust under the terms of the trust for addition16
to the trust property. In the event that the trust is contested by any party, the system17
shall withhold all survivor benefit payments or deposit them in the registry of the18
court if a concursus proceeding is filed, until there is a final binding legal agreement19
or judgment regarding the proper payment of the survivor benefits.20
* * *21
§478. Benefits payable to certain members killed in the line of duty; survivor22
benefits; corrections officers hired on or before December 31, 201023
A. Notwithstanding any other provision of law to the contrary, if a24
correctional officer, probation or parole officer, or a security officer of the Louisiana25
Department of Public Safety and Corrections, whose first employment in such26
position occurred on or before December 31, 2010, is killed in the line of duty while27
serving in his official capacity, survivor benefits shall be payable to qualified28
survivors as provided for in accordance with this Section, except that a surviving29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 20 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
spouse shall be eligible for benefits under this Section, without regard to the amount1
of time that the surviving spouse was married to the deceased officer and without2
regard to the amount of time that the deceased officer was a member of this system.3
This benefit is payable only if the member dies as a direct result of injuries sustained4
in the official performance of his official duties while on active duty status.5
* * *6
§551. Eligibility for membership 7
A. Notwithstanding anything in R.S. 11:413 to the contrary, except for R.S.8
11:413(7) which is specifically applicable, the judges and court officers set forth in9
R.S. 11:553 who take office on and after July 1, 1983 shall become members of the10
Louisiana State Employees' Retirement System and be eligible to obtain credit in and11
transfer credit to the system, as set forth herein. Judges and court officers in office12
prior to July 1, 1983 shall continue to be governed by the law applicable to them13
prior to July 1, 1983. 14
B. Beginning January 1, 2011, the provisions of this Subpart shall not be15
applicable to judges or court officers to whom R.S. 11:553 would otherwise apply16
but whose first employment making them eligible for system membership began on17
or after such date. Such persons shall continue to be members of the Louisiana State18
Employees' Retirement System but shall be subject to the provisions of this Chapter19
otherwise applicable to system members.20
* * *21
§553. Eligible judges and court officers 22
This Subpart shall apply to all present and future judges and court officers23
hereinafter enumerated in this Section whose first employment making them eligible24
for system membership began on or before December 31, 2010: 25
* * *26
§581. Application; definitions27
A. Any other provisions of Chapter 1 of Subtitle II of Title 11 or any other28
laws to the contrary notwithstanding, the retirement of wildlife agents employed by29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 21 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the enforcement division of the Louisiana Wildlife and Fisheries Commission on or1
before December 31, 2010, who are members of Louisiana State Employees'2
Retirement System, and all benefits accruing from such membership, shall be3
governed by the provisions of this Subpart; provided that with respect to matters not4
specifically covered by the provisions of this Subpart, reference shall be made to5
applicable provisions of Chapter 1 of Subtitle II of Title 11. Beginning January 1,6
2011, the provisions of this Subpart shall not be applicable to wildlife agents whose7
first employment making them eligible for system membership began on or after8
such date.9
B. For purposes of this Subpart:10
(1) The words "member", "members", "employee", or "employees" shall11
mean wildlife agents of the enforcement division of the Louisiana Department of12
Wildlife and Fisheries, whose first employment making them eligible for system13
membership began on or before December 31, 2010, who are members of the14
Louisiana State Employees' Retirement System and shall not include any other15
members of said retirement system or members of any other retirement system to16
which the state makes contribution or otherwise.17
(2) The term "board of trustees" shall mean and refer to the board of trustees18
of the Louisiana State Employees' Retirement System created and provided for by19
Chapter 1 of Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950.20
* * *21
§601. Application; definitions22
* * *23
B. For purposes of the secondary component, the words "member" or24
"members" shall mean wardens, correctional officers, probation and parole officers,25
and security personnel who are employed by the Department of Public Safety and26
Corrections on or before December 31, 2010, and who are or who upon enrollment27
as an employee would be members of the primary component, but shall not include28
any other members of the primary component or members of any other retirement29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 22 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
system to which the state makes contributions. Beginning January 1, 2011, the1
provisions of this Subpart shall not be applicable to wardens, correctional officers,2
probation and parole officers, and security personnel who are employed by the3
Department of Public Safety and Corrections on or after such date.4
§602. Eligibility for retirement5
A. A member shall be eligible for retirement if he has attained at least6
twenty-five years of service credit, regardless of age. A member shall be eligible for7
retirement if he has:8
(1) Attained at least twenty-five years of service, regardless of age.9
(2) Attained at least ten years of service, at age sixty or thereafter.10
B. A member shall be eligible for retirement if he has attained at least ten11
years of service at age sixty or thereafter.12
C. A member shall receive a maximum retirement allowance equal to three13
and one-third percent of average compensation for every year of creditable service,14
not to exceed one hundred percent of the member's average compensation. 15
* * *16
SUBPART D. HAZARDOUS DUTY SERVI CES PLAN17
§611. Creation of Hazardous Duty Services Plan18
A.(1) The legislature recognizes that certain state service requires employees19
to carry weapons and routinely be put in harm's way. These hazardous duty services20
employees, because of the dangerous and unpredictable nature of their21
responsibilities, should be entitled to unique retirement benefits.22
(2) The legislature further recognizes that current law provides myriad23
hazardous duty services plans, but that a single plan applied consistently and24
comprehensively to all hazardous duty services positions is preferred.25
(3) The legislature further recognizes the need for an adequate funding26
source for all retirement benefits as required by Article X, Section 29 of the27
Constitution of Louisiana. The Hazardous Duty Services Plan is therefore created28
for persons whose first employment making them eligible for system membership29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 23 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
occurs on or after January 1, 2011, in hazardous duty positions, as defined in this1
Subpart.2
(4) Funding for this plan shall be actuarially sound with employee and3
employer contribution rates calculated and established at levels necessary to fund all4
benefits provided.5
(5) Members of existing hazardous duty plans may retain membership in6
those plans.7
B. Any other provisions of this Chapter or any other laws to the contrary8
notwithstanding, the retirement of hazardous duty services employees shall be9
governed by the provisions of this Subpart; however, if provisions of this Chapter10
cover matters not specifically addressed by the provisions of this Subpart or if any11
of the provisions of this Chapter are made applicable in this Subpart, then those12
provisions shall apply to members governed by this Subpart.13
§612. Application; definitions14
Terms not specifically defined in this Section shall have the meanings15
provided in R.S. 11:403 unless a different meaning is clearly required by the context.16
For purposes of this Subpart:17
(1) "Average compensation" means the average annual earned compensation18
of a member for the sixty highest months of successive employment , or for the19
highest sixty successive joined months of employment where interruption of service20
occurred; however, average compensation for part-time employees who do not use21
sixty months of full-time employment for average compensation purposes shall be22
based on the base pay the part-time employee would have received had he been23
employed on a full-time basis. The earnings to be considered for the thirteenth24
through the twenty-fourth month shall not exceed one hundred fifteen percent of the25
earnings of the first through the twelfth month. The earnings to be considered for the26
twenty-fifth through the thirty-sixth month shall not exceed one hundred fifteen27
percent of the earnings of the thirteenth through the twenty-fourth month. The28
earnings to be considered for the thirty-seventh through the forty-eighth month shall29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 24 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
not exceed one hundred fifteen percent of the earnings of the twenty-fifth through1
the thirty-sixth month. The earnings for the final twelve months shall not exceed one2
hundred fifteen percent of the earnings of the thirty-seventh through the forty-eighth3
month. The limitations on the computation of average compensation contained in4
this Paragraph shall not apply to any twelve-month period during which5
compensation increased by more than fifteen percent over the previous twelve-month6
period solely because of an increase in compensation by a uniform systemwide7
increase adopted by the state Department of Civil Service and approved by the8
governor or because of a pay adjustment enacted by the legislature.9
(2) "Member" or "members" shall include the following persons whose first10
employment making them eligible for system membership occurs on or after January11
1, 2011:12
(a) Wildlife agents of the enforcement division of the Department of13
Wildlife and Fisheries.14
(b) Wardens, correctional officers, security personnel, and probation and15
parole officers employed by the Department of Public Safety and Corrections.16
(c) Employees of the bridge police section of the Crescent City Connection17
Division of the Department of Transportation and Development.18
(d) Full-time law enforcement personnel, supervisors, and administrators19
who are employed with the Department of Revenue, office of alcohol and tobacco20
control, who are P.O.S.T.-certified, who have the power to arrest, and who hold a21
commission from such office.22
(e) Peace officers, as defined by R.S. 40:2402(3)(a), employed by the23
Department of Public Safety and Corrections, office of state police, other than state24
troopers.25
(f) Arson investigators employed by the office of state fire marshal who are26
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from27
such office.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 25 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(g) Park rangers employed by the Department of Culture, Recreation and1
Tourism, office of state parks, who are P.O.S.T.-certified, who have the power to2
arrest, and who hold a commission from such office.3
(h) Campus police officers employed by the various colleges and4
universities, who are P.O.S.T.-certified, who have the power to arrest, and who hold5
a commission from such office.6
(i) Hospital security officers employed by Louisiana State University Health7
Sciences Center, who are P.O.S.T.-certified, who have the power to arrest, and who8
hold a commission from such office.9
(j) Investigators of the Department of Justice who are in a position required10
to be P.O.S.T.-certified.11
(k) All personnel employed in a position required to be P.O.S.T.-certified,12
who have the power to arrest, and who hold a commission from such office, who are13
otherwise members of the Louisiana State Employees' Retirement System, and are14
not members of any other retirement system.15
(3) "Plan" means the Hazardous Duty Services Plan created by this Subpart16
for certain hazardous duty services employees within the Louisiana State Employees'17
Retirement System.18
(4) "Qualified Survivors" means a surviving spouse, a minor child as defined19
in R.S. 11:403, and a handicapped or mentally incapacitated child.20
(5) "System" means the Louisiana State Employees' Retirement System.21
§613. Eligibility for membership22
Each person who becomes an employee in state service in one of the23
positions enumerated in R.S. 11:612(2) shall become a member of the Hazardous24
Duty Services Plan of the system as a condition of employment.25
§614. Eligibility for retirement26
A. Any member shall be eligible for retirement if he has:27
(1) Twenty-five years or more of service, at any age.28
(2) Ten years or more of service, at age sixty or thereafter.29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 26 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) Twenty years of service credit at any age, exclusive of military service1
and unused annual and sick leave, but any person retiring under this Paragraph shall2
have his benefit, inclusive of military service credit and allowable unused annual and3
sick leave, actuarially reduced from the earliest age that he would normally become4
eligible for a regular retirement benefit under Paragraph (1) or (2) of this Subsection5
if he had continued in service to that age. Any employee who elects to retire under6
the provisions of this Paragraph shall not be eligible to participate in the Deferred7
Retirement Option Plan provided by R.S. 11:447 or the Initial Benefit Option8
provided by R.S. 11:446(A)(5).9
B. Notwithstanding Subsection A of this Section, to be eligible to retire10
under this plan, the member's last ten years of system eligible service must have been11
in one of the hazardous duty positions defined in R.S. 11:612(2). With less than ten12
years hazardous duty service, he shall be eligible to retire at two and one-half percent13
of his average compensation for the actual number of years of service credit provided14
he has sufficient system service as required in Subsection A of this Section.15
§615. Retirement benefit16
A. A member shall receive a retirement benefit, except as provided in R.S.17
11:614(B), equal to three and one-third percent of average compensation for every18
year of creditable service in the Hazardous Duty Services Plan, not to exceed one19
hundred percent of the member's average compensation.20
B. Retirement benefits for members who had service in nonhazardous duty21
or service under existing plans prior to entering the Hazardous Duty Services Plan22
shall upon retirement eligibility receive a retirement benefit for that prior service23
based on the applicable accrual rate when earned.24
C. Upon application for retirement, members of this plan may choose any25
of the options specified in R.S. 11:446.26 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 27 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§616. Deferred Retirement Option Plan1
A member, except as specified in R.S. 11:614(A)(3), shall have the option of2
participating in the Deferred Retirement Option Plan in accordance with the3
provisions of R.S. 11:447 through 454.4
§617. Disability retirement5
A. Upon approval of a member's retirement based upon a total and permanent6
disability resulting solely from injuries sustained in the performance of his official7
duties, a member shall receive a disability benefit equal to seventy-five percent of8
his average compensation regardless of years of service. This benefit is payable only9
if the injury or injuries were sustained while on active duty status.10
B. If a member's disability occurs for reasons other than in the performance11
of his duties and the member has earned at least ten years of hazardous duty service12
credit, then the member shall be entitled to disability benefits under the provisions13
of R.S. 11:461(B)(1).14
C. The disability retirement procedures contained in R.S. 11:216 through15
225, which are not in conflict with this Section, shall apply to members.16
§618. Survivor's benefit for members killed in the line of duty17
A. If a member's death occurs in the line of duty or is a direct result of an18
injury sustained while in the line of duty, survivor benefits shall be payable to19
qualified survivors as provided for in this Section, except that a survivor shall be20
eligible for benefits under this Section without regard to the amount of time that the21
surviving spouse was married to the deceased member and without regard to the22
amount of time that the deceased was a member of this plan. This benefit is payable23
only if the injury or injuries were sustained while on active duty status.24
B. If the member has a surviving spouse, minor, or handicapped or mentally25
incapacitated child or children, the amount of the total benefit shall equal eighty26
percent of the member's average compensation. The benefit shall be shared equally27
by the surviving spouse and children. When a child who is not handicapped or28
mentally incapacitated no longer meets the definition of minor child under R.S.29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 28 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
11:403, his benefit shall cease, and the remaining beneficiaries shall have their1
shares adjusted accordingly.2
C. The provisions of R.S. 11:472 through 477, concerning procedures for3
payment of survivor benefits which are not in conflict with this Section, shall apply4
to members.5
§619. Survivor's benefit for death other than in the line of duty6
A. The surviving spouse or children of any active member whose death7
occurs other than in the performance of his duties shall have the same pension rights8
as provided in R.S. 11:471.1.9
B. The provisions of R.S. 11:472 through 477, concerning procedures for10
payment of survivor benefits which are not in conflict with this Section, shall apply11
to members.12
§701. Definitions13
As used in this Chapter, the following words and phrases have the meaning14
ascribed to them in this Section unless a different meaning is plainly required by the15
context:16
* * *17
(5)(a) "Average compensation" subject to the other provisions of this18
Paragraph, for any teacher whose first employment making him eligible for system19
membership occurred on or before December 31, 2010, means the average earnable20
compensation of a teacher for the three highest successive years of employment, or21
the highest three successive joined years of employment where interruption of22
service occurred. For any teacher whose first employment making him eligible for23
system membership occurred on or after January 1, 2011, average compensation24
means his average earnable compensation for the five highest successive years of25
employment, or the highest five successive joined years where interruption of service26
occurred. The computation of such average compensation shall be in accordance27
with the following guidelines:28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 29 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(i) The amount for the first through the twelfth month shall not exceed the1
compensation for the immediately preceding twelve months by more than ten percent2
for a teacher whose first employment making him eligible for system membership3
occurs on or before December 31, 2010, or by more than fifteen percent for a teacher4
hired on or after January 1, 2011.5
(ii) The amount for the thirteenth through the twenty-fourth month shall not6
exceed the lesser of the maximum allowable compensation amount or the actual7
compensation amount for the first through twelfth month by more than ten percent8
for a teacher whose first employment making him eligible for system membership9
occurs on or before December 31, 2010, or by more than fifteen percent for a teacher10
hired on or after January 1, 2011.11
(iii) The amount for the twenty-fifth through the thirty-sixth month shall not12
exceed the lesser of the maximum allowable compensation amount or the actual13
compensation amount for the thirteenth through twenty-fourth month by more than14
ten percent for a teacher whose first employment making him eligible for system15
membership occurs on or before December 31, 2010, or by more than fifteen percent16
for a teacher whose first employment making him eligible for system membership17
occurs on or after January 1, 2011.18
(iv) The amount for the thirty-seventh through the forty-eighth month shall19
not exceed the lesser of the maximum allowable compensation amount or the actual20
compensation amount for the twenty-fifth through the thirty-sixth month by more21
than fifteen percent.22
(v) The amount for the final twelve months shall not exceed the lesser of the23
maximum allowable compensation amount or the actual compensation amount for24
the thirty-seventh through the forty-eighth month by more than fifteen percent.25
(b) The thirty-six or sixty months used for average compensation, as the case26
may be, cannot cover a period when the member receives more than three years or27
five years of service credit respectively.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 30 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(c)(i) The limitations on the computation of average compensation in this1
Paragraph shall not apply to any of the twelve-month periods where compensation2
increased by more than ten percent the amount allowable in Subparagraph (a) of this3
Paragraph over the previous twelve-month period solely because of an increase in4
compensation by legislative act, by city/parish systemwide salary increase, or by a5
systemwide increase at a college or university.6
* * *7
§761. Retirement benefits; application; eligibility requirements; effective date;8
cancellation; errors and omissions9
A.10
* * *11
(3) Any person whose first employment making him eligible for system12
membership occurs on or after January 1, 2011, may retire upon written application13
to the board of trustees, if at the time of application the member:14
(a) Has attained the age of sixty years.15
(b) Has credit for ten years of accredited service.16
(4)(a)A properly executed application for retirement shall be considered as17
officially filed when received by the board of trustees of this system. Retirement18
benefits shall become effective as of the date a properly executed application for19
retirement is received by the board of trustees of this system or the day after the20
member terminates from teaching service, whichever is later.21
(b) A member may cancel his application for retirement only prior to22
negotiating, cashing, or depositing any benefit check including an estimated benefit23
check.24
* * *25
§768. Retirement allowances26
* * *27
B.28
* * *29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 31 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, any1
person who became a member on or after July 1, 1999, but on or before December2
31, 2010, having twenty years of service credit, exclusive of military service and3
unused annual and sick leave, but who is less than sixty years of age, may retire but4
he shall have his maximum benefit inclusive of military service credit and allowable5
unused annual and sick leave actuarially reduced from the earlier of the following:6
(a) The date he would reach sixty years of age.7
(b) The earliest age that he would first become eligible for a retirement8
benefit as provided in Paragraph (A)(2) of this Section, if he had continued in service9
to that age and without regard to the date he became a member.10
* * *11
§778. Disability retirement12
* * *13
C. Upon the application of a member in service or of his employer, any14
member whose first employment making him eligible for membership in the system15
occurred on or before December 31, 2010, and who has five or more years of16
creditable service may be retired by the board of trustees, not less than thirty nor17
more than ninety days following the date of filing such application, on a disability18
retirement allowance, provided that the medical board, after a medical examination19
of the member, certifies that the member is mentally or physically incapacitated for20
the further performance of the duties currently being performed, that the incapacity21
is likely to be total and permanent, and that the member should be retired. Any22
member whose first employment making him eligible for membership in the system23
occurred on or after January 1, 2011, shall be eligible for disability benefits if he has24
ten or more years of creditable service. 25
D. Disability retirees whose first employment making them eligible for26
membership in the system occurred on or before December 31, 2010, and who had27
at least fifteen years of service prior to being certified as disabled and who have been28
receiving disability benefits for at least ten years and who have attained at least age29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 32 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
fifty shall be eligible to convert from disability benefits to regular retirement1
benefits, provided that any such retiree's regular retirement benefits shall be based2
on the number of years actually credited to the member's account, and provided that3
such conversion does not produce a benefit that creates an actuarial cost to the4
system.5
* * *6
§779. Allowance on disability retirement ; members hired on or before December7
31, 20108
A. The provisions of this Section shall apply to members whose first9
employment making them eligible for membership in the system began on or before10
December 31, 2010.11
A. B.(1) Upon retirement for disability, a member shall receive a disability12
retirement allowance equal to two and one-half percent of his average compensation13
multiplied by his years of creditable service, but not more than fifty percent of his14
average compensation. In no event shall such disability retirement allowance be less15
than the lesser of forty percent of the state minimum salary for a beginning teacher16
with a bachelor's degree, or seventy-five percent of his average compensation. Such17
retiree shall not be allowed an optional allowance.18
(2) In addition to the benefit provided by Paragraph (1) of this Subsection,19
if a disability retiree has a minor child, the disability retiree shall be paid an added20
benefit equal to fifty percent of his disability benefit for so long as he has a minor21
child, provided that the total benefit payable to the disability retiree does not exceed22
seventy-five percent of his average compensation.23
B. C. (1) If a disability retiree dies and leaves a surviving spouse who had24
been married to the deceased disability retiree for at least two years before the death25
of the disability retiree and there are no minor children or there are minor children26
who are the children of both the disability retiree and the surviving spouse, the27
surviving spouse shall receive a survivor's benefit equal to seventy-five percent of28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 33 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the benefit being received by the disability retiree at the time of his death, and no1
benefits shall be paid under R.S. 11:762.2
(2) If a disability retiree dies and leaves a surviving spouse who had been3
married to the deceased disability retiree for at least two years before the death of the4
disability retiree and there are surviving minor children of the deceased disability5
retiree who are not the children of the surviving spouse, the surviving spouse shall6
receive a survivor's benefit equal to thirty-seven and one-half percent of the benefit7
being received by the disability retiree at the time of his death. Benefits equal to a8
total of thirty-seven and one-half percent of the benefit being received by the9
disability retiree at the time of his death shall be divided equally among the minor10
children who are not the children of the surviving spouse for the duration of their11
minority, and no benefits shall be paid under R.S. 11:762. When there are no longer12
any minor children of the deceased disability retiree who are not the children of the13
surviving spouse, the spousal benefit shall revert to seventy-five percent of the14
benefit being received by the disability retiree at the time of his death.15
(3) If a disability retiree dies and leaves a surviving spouse who had been16
married to the deceased disability retiree for at least two years before the death of the17
disability retiree and there are minor children of the deceased disability retiree who18
are not the children of the surviving spouse and also minor children of both the19
deceased disability retiree and the surviving spouse, the surviving spouse shall20
receive a survivor's benefit equal to fifty percent of the benefit being received by the21
disability retiree at the time of his death, and the minor children of the deceased22
disability retiree who are not the children of the surviving spouse shall receive and23
divide equally twenty-five percent of the benefit being received by the disability24
retiree at the time of his death for the duration of their minority, and no benefits shall25
be paid under R.S. 11:762. When there are no longer minor children of the deceased26
disability retiree who are not the children of the surviving spouse, the spousal benefit27
shall revert to seventy-five percent of the benefit being received by the disability28
retiree at the time of his death.29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 34 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) If a disability retiree dies and does not leave a surviving spouse, or the1
surviving spouse dies after the death of the disability retiree, and there is a minor2
child or children of the disability retiree, the minor child or children shall be entitled3
to a total benefit equal to fifty percent of the benefit being received by the disability4
retiree at the time of his death for so long as there is a minor child, and no benefits5
shall be paid under R.S. 11:762.6
C. D. A disability retiree, upon attainment of the earliest age that he would7
have become eligible for a retirement benefit, if he had continued in service without8
further change in compensation, shall become a regular retiree using only his years9
of creditable service; however, his maximum benefit shall not be less than his10
disability benefit as provided by Paragraph A B(1) of this Section and shall not11
include the benefit provided by Paragraph A B(2) of this Section. The benefit12
provided by Paragraph A B(2) of this Section shall continue, but only be paid to the13
retiree and only for so long as the retiree has a minor child. The years that he is on14
disability retirement shall not be used in the computation of his regular retirement15
benefit. If a member dies after converting from disability retiree to regular retiree16
and leaves a minor child or children, the applicable benefits provided by Paragraph17
A B(2) of this Section shall be paid on behalf of the minor child or children, and no18
benefits shall be paid under R.S. 11:762 and 783(B).19
§779.1 Allowance on disability retirement; members hired on or after January 1,20
201121
Any member whose first employment making him eligible for membership22
in the system began on or after January 1, 2011, shall receive a maximum disability23
retirement benefit which shall be equivalent to the regular retirement formula24
without reduction by reason of age. Selection of a retirement option shall be made25
when application for disability is filed. If the disability retiree dies, the option26
selected upon disability retirement shall be applied to his disability retirement27
benefit.28
* * *29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 35 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1002. Definitions1
As used in this Chapter, the following words and phrases shall have the2
meaning ascribed to them in this Section unless a different meaning is plainly3
required by the context:4
* * *5
(6)6
* * *7
(b) "Average compensation", for a member whose first employment making8
him eligible for membership in the system began on or after July 1, 2006, but on or9
before December 31, 2010, shall be based on the sixty highest successive months of10
employment, or on the highest sixty successive joined months of employment where11
interruption of service occurred; however, the average compensation amount for the12
thirteenth through the twenty-fourth month shall not exceed the actual compensation13
amount for the first through the twelfth month by more than ten percent. The amount14
for the twenty-fifth through the thirty-sixth month shall not exceed the lesser of the15
maximum allowable compensation amount or the actual compensation amount for16
the thirteenth through the twenty-fourth month by more than ten percent. The17
amount for the thirty-seventh through the forty-eighth month shall not exceed the18
lesser of the maximum allowable compensation amount or the actual compensation19
amount for the twenty-fifth through the thirty-sixth month by more than ten percent.20
The amount for the forty-ninth through the sixtieth month shall not exceed the lesser21
of the maximum allowable compensation amount or the actual compensation amount22
for the thirty-seventh through the forty-eighth month by more than ten percent. The23
limitations on the computation of average compensation contained in this Paragraph24
shall not apply to any twelve-month period during which compensation increased by25
more than one hundred ten percent over the previous twelve-month period solely26
because of an increase in compensation by legislative act or by a city/parish27
system-wide salary increase.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 36 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(c) "Average compensation", for a member whose first employment making1
him eligible for membership in the system began on or after January 1, 2011, shall2
be based on the sixty highest successive months of employment, or on the highest3
sixty successive joined months of employment where interruption of service4
occurred; however, the average compensation amount for the thirteenth through the5
twenty-fourth month shall not exceed the actual compensation amount for the first6
through the twelfth month by more than fifteen percent. The amount for the7
twenty-fifth through the thirty-sixth month shall not exceed the lesser of the8
maximum allowable compensation amount or the actual compensation amount for9
the thirteenth through the twenty-fourth month by more than fifteen percent. The10
amount for the thirty-seventh through the forty-eighth month shall not exceed the11
lesser of the maximum allowable compensation amount or the actual compensation12
amount for the twenty-fifth through the thirty-sixth month by more than fifteen13
percent. The amount for the forty-ninth through the sixtieth month shall not exceed14
the lesser of the maximum allowable compensation amount or the actual15
compensation amount for the thirty-seventh through the forty-eighth month by more16
than fifteen percent. The limitations on the computation of average compensation17
contained in this Subparagraph shall not apply to any twelve-month period during18
which compensation increased by more than one hundred fifteen percent over the19
previous twelve-month period solely because of an increase in compensation by20
legislative act or by a city/parish system-wide salary increase.21
§1141. Retirement benefits; application; eligibility requirements; effective date;22
cancellation23
A. Any member , whose first employment making him eligible for system24
membership began on or before December 31, 2010, may retire upon written25
application to the board of trustees, if the member at the time of application has26
attained the age of sixty years and has credit for ten years of accredited service or has27
attained the age of fifty-five years and has credit for twenty-five or more years of28
accredited service or at any age with thirty or more years of accredited service. Any29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 37 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
member whose first employment making him eligible for system membership began1
on or after January 1, 2011, may retire upon written application to the board of2
trustees, if the member at the time of application has attained the age of sixty years3
and has credit for ten years of accredited service. An application for retirement shall4
be officially filed with the board when received in the office of the director.5
Retirement benefits shall become effective as of the date an application for6
retirement is filed in the office of the director or the day after the member terminates7
from service, whichever is later. A member may only cancel his application for8
retirement prior to negotiating, cashing, or depositing any benefit check including9
an estimated benefit check.10
* * *11
C.(1)(a) Notwithstanding the provisions of Subsection A of this Section, any12
member whose first employment making him eligible for system membership began13
on or before December 31, 2010, shall be eligible for retirement if he has twenty14
years of service credit at any age, exclusive of military service and unused annual15
and sick leave, but any person retiring under this Subsection shall have his benefit16
inclusive of military service credit and allowable unused annual and sick leave17
actuarially reduced from the earliest age that he would normally become eligible for18
a regular retirement benefit pursuant to Subsection A of this Section if he had19
continued in service to that age.20
* * *21
§1144. Retirement allowance; regular, minimum, and supplemental22
* * *23
B. Minimum allowance. 24
* * *25
(2)(a) The provisions of this Paragraph shall apply to any member who26
retires on or after July 1, 2001, but shall not apply to any member to whom27
Paragraph (4) of this Subsection is applicable.28
* * *29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 38 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) In the event that the funded status of this system should fall below one1
hundred percent, the employe e contribution rate shall be increased in an amount2
sufficient to fund any cost to the system resulting from the application of the benefit3
accrual rates provided for in this Paragraphs (1) and (2) of this Subsection, with the4
loss being amortized in accordance with the provisions of R.S. 11:102(B)(3)(d)(i).5
(4) The provisions of this Paragraph shall apply to any member whose first6
employment making him eligible for membership in the system began on or after7
January 1, 2011. The minimum allowance for such members shall be no less than8
an amount which provides a total allowance equal to two and one-half percent9
multiplied by the total years of accredited service and multiplied by the average10
compensation for such person as provided in R.S. 11:1002(6)(c).11
* * *12
§1147. Disability retirement13
* * *14
C.15
* * *16
(2)(a)17
* * *18
(iii) A disability retiree whose first employment making him eligible for19
system membership occurs on or after January 1, 2011, shall receive a maximum20
disability retirement benefit which shall be equivalent to the regular retirement21
formula without reduction by reason of age.22
(b)(i) If a disability retiree whose membership in the system began on or23
before December 31, 2010, dies and leaves a surviving spouse who had been married24
to the deceased disability retiree for at least two years prior to the death of the25
disability retiree, the surviving spouse shall receive a survivor's benefit equal to26
seventy-five percent of the benefit being received by the disability retiree at his27
death. Benefits shall cease upon remarriage.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 39 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(ii) For disability retirees whose membership began on or after January 1,1
2011, selection of a retirement option shall be made when application for disability2
is filed. If the disability retiree dies, the option selected upon disability retirement3
shall be applied to his disability retirement benefit.4
* * *5
§1151. Survivor benefits; members hired on or before December 31, 20106
A. This Section shall apply to members whose membership in the system7
began on or after January 1, 2011. Survivor's benefits are payable upon application8
therefor and become effective as of the day following the death of the member.9
* * *10
§1151.1. Survivors' benefits; members hired on or after January 1, 201111
A. Survivor benefits shall be due and payable by the system effective the12
first day of the next month following the death of a member whose first employment13
making him eligible for membership in the system occurred on or after January 1,14
2011, but shall not be paid until a properly completed and acceptable application is15
received by the system and all proper certifications have been received by the16
system.17
B.(1) A surviving spouse with a minor or handicapped child, or mentally18
disabled child, or children shall be paid per month, for so long as one or more19
children remain eligible for benefits under Subsection C of this Section, fifty percent20
of the benefit to which the member would have been entitled if he had retired on the21
date of his death using the member's applicable accrual rate regardless of years of22
service or age, or six hundred dollars per month, whichever is greater, provided the23
deceased member was an active member at the time of death and had five or more24
years of service credit, at least two years of which were earned immediately prior to25
death or provided the deceased member had twenty or more years of service credit26
regardless of when earned or whether the deceased member was in active service at27
the time of death.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 40 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent1
divorce or death of a new spouse; however, if the member was eligible to retire on2
the date of his death, benefits shall not cease upon remarriage.3
(3) When all surviving children cease to be eligible for benefits under4
Subsection C of this Section, the surviving spouse shall cease to receive benefits5
provided by this Subsection and thereafter, if eligible, shall receive benefits in6
accordance with the provisions of Subsection D of this Section.7
C. In addition to the amount payable in accordance with Subsection B of this8
Section, for the benefit of the surviving minor or handicapped child, or mentally9
disabled child, or children, there shall be paid for each such child, subject to a10
maximum of two children, per month fifty percent of the benefit to which a spouse11
would be entitled under Subsection B of this Section. Benefits shall be payable to12
such children even if no spouse eligible for survivor benefits is present, provided the13
member had at least five years of service credit. Benefits for a child shall cease14
when the child is no longer a minor child as defined by this Chapter. No surviving15
minor child shall receive more than one survivor's benefit at any one time. If two16
benefits are applicable, only the larger shall be paid.17
D.(1) A surviving spouse without minor or handicapped child, or mentally18
disabled child, or children shall be paid per month, for the remainder of his life, the19
benefit payable in accordance with R.S. 11:1150(B)(2) based on years of service that20
the member had earned to the date of his death using the applicable accrual rate; or21
six hundred dollars per month, whichever is greater, provided the surviving spouse22
had been married to the deceased member for at least one year prior to death, and23
provided the deceased member was an active member at the time of death and had24
ten or more years of service credit, at least two years of which were earned25
immediately prior to death or provided the deceased member had twenty or more26
years of service credit regardless of when earned or whether the deceased member27
was in active service at the time of death.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 41 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent1
divorce or death of the new spouse; however, if the member was eligible to retire on2
the date of his death, benefits shall not cease upon remarriage.3
E. The accumulated contributions of a deceased member shall be paid in a4
lump sum refund to the natural person or persons that he designated as his5
beneficiary, or to his succession if there is no designated beneficiary, but only if no6
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment7
of accumulated contributions shall be made only upon receipt of the deceased8
member's death certificate. Said payment to the named beneficiary or the estate9
cancels all liability of the system to the deceased member, his named beneficiary or10
his estate.11
F. In the event of death of a member leaving a surviving spouse and12
dependent children, the total of the benefits payable under Subsections B and C of13
this Section shall not be less each month than what would have been payable under14
Subsection D of this Section for as long as both spouse and children are eligible to15
receive benefits under Subsections B and C of this Section.16
G. If a member dies, even after retirement, eligible minor children shall17
receive the benefits under Subsection C of this Section.18
H. The benefits payable under Subsection C of this Section shall be paid to19
the person having legal custody of the property of the child, unless a trust created20
under Louisiana law has been created by the deceased member for the benefit of the21
child, the terms of the instrument creating the trust so provide and the system has22
been provided with a certified copy of the trust document, then the survivor benefit23
shall be paid to the trust under the terms of the trust for addition to the trust property.24
In the event that the trust is contested by any party, the system shall withhold all25
survivor benefit payments or deposit them in the registry of the court if a concursus26
proceeding is filed, until there is a final binding legal agreement or judgment27
regarding the proper payment of the survivor benefits.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 42 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
I. Each survivor benefit recipient shall be required to establish proof1
annually or at such other times as the board of trustees may deem necessary that they2
are still legally entitled to the survivor benefits provided in this Section. The board3
of trustees shall have the right to suspend or cancel any survivor benefit wherein the4
recipient fails to provide proper certification of eligibility.5
* * *6
§1307. Persons eligible to retire on basis of service and age; retirement salaries7
A. Upon application to the board as provided in R.S. 11:1306, members of8
this system shall be retired by the board at salaries benefits fixed as follows:9
(1) Any member of the system , whose initial date of employment occurred10
on or before December 31, 2010, and who has attained age fifty and who has credit11
for at least ten years of service shall be paid a monthly salary benefit equal to the12
sum of three and one-third percent multiplied by the member's monthly average13
salary, and further multiplied by the number of years of service credited to the14
member's account, but the total annual benefit shall not exceed one hundred percent15
of the member's final average annual salary.16
(2)(a) Any member of the system whose initial date of employment was17
prior to September 8, 1978, regardless of age, who has credit for at least twenty years18
of service shall be paid a monthly salary benefit equal to the sum of three and one-19
third percent multiplied by the member's monthly average salary, and further20
multiplied by the number of years of service credited to the member's account, but21
the total annual benefit shall not exceed one hundred percent of the member's final22
average annual salary.23
(b) Any member of the system whose initial date of employment occurred24
on or after September 8, 1978, but on or before December 31, 2010, regardless of25
age, who has credit for at least twenty-five years of service, regardless of age, shall26
be paid a monthly salary benefit equal to the sum of three and one-third percent27
multiplied by the member's monthly average salary, and further multiplied by the28
number of years of service credited to the member's account, but the total annual29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 43 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
benefit shall not exceed one hundred percent of the member's final average annual1
salary.2
(3) Notwithstanding any other provision of law to the contrary, any member3
of the system who participated in the Deferred Retirement Option Plan on or before4
June 30, 2003, and who continued in employment after participation in the Deferred5
Retirement Option Plan without a break in service and who remained in such6
continuous employment on July 1, 2003, shall be paid a monthly salary equal to the7
greater of the monthly benefit computed under R.S. 11:1307.1 or the sum of the8
member's original benefit plus twenty percent of the member's original average9
monthly salary, but the total annual benefit, including any additional benefit accrued10
after termination of participation in the Deferred Retirement Option Plan, shall not11
exceed one hundred percent of the member's final average annual salary.12
* * *13
§1310. Average salary; method of determining 14
A.(1) With respect to persons employed prior to September 8, 1978, the term15
"average salary" as used in this Chapter for the purpose of determining pension16
payments and retirement is the average salary including any additional pay or salary17
provided by the legislature over and above that set by the Civil Service Commission,18
received for the year ending on the last day of the month immediately preceding the19
date of retirement or date of death or for any one-year period, whichever is the20
greatest. For the purposes of computation, "average salary" shall not include21
overtime, expenses expenses, or clothing allowances.22
(2)(a) With respect to persons becoming employed on and after September23
8, 1978, but on or before December 31, 2010, the term "average salary" as used in24
this Chapter for the purpose of determining pension payments and retirement is the25
average salary including any additional pay or salary provided by the legislature over26
and above that set by the Civil Service Commission, received for the thirty-six month27
period ending on the last day of the month immediately preceding the date of28
retirement or date of death or for any thirty-six consecutive months, whichever is the29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 44 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
greatest. For the purposes of computation, "average salary" shall not include1
overtime, expenses expenses, or clothing allowances. 2
(b) The earnings to be considered for the thirteenth through the twenty-fourth3
month shall not exceed one hundred and twenty-five percent of the earnings of the4
first through the twelfth month. The earnings to be considered for the final twelve5
months shall not exceed one hundred and twenty-five percent of the earnings of the6
thirteenth through the twenty-fourth month. Nothing in this Subparagraph, however,7
shall change the method of determining the amount of earned compensation8
received.9
* * *10
§1313. Disability retirement; eligibility11
* * *12
B. The board of trustees shall award disability benefits to any sworn,13
commissioned law enforcement officer of the office of state police whose initial date14
of employment occurred on or before December 31, 2010, who is eligible and who15
has been officially certified as disabled by the State Medical Disability Board. The16
disability benefit shall be determined as follows:17
* * *18
C. The board of trustees shall award disability benefits to any sworn,19
commissioned law enforcement officer of the office of state police whose initial date20
of employment occurred on or after January 1, 2011, who is eligible and who has21
been officially certified as disabled by the State Medical Disability Board. The22
disability benefit shall be determined as provided in R.S. 11:1357.23
* * *24
§1316. Death in the line of duty; certain members hired on or before December 31,25
2010; pension of surviving spouse of deceased employee; minor children26
with no surviving spouse27
A. This Section shall apply to any sworn commissioned law enforcement28
officer of the office of state police of the Department of Public Safety and29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 45 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Corrections whose initial date of employment occurred on or before December 31,1
2010. The surviving spouse of any such sworn commissioned law enforcement2
officer of the office of state police of the Department of Public Safety and3
Corrections who is killed in the discharge of his duties, or dies from immediate4
effects of any injury received as the result of an act of violence occurring while5
engaged in the discharge of his duties, shall be pensioned at seventy-five percent of6
the salary being received by the employee at the time of the decedent's death or7
injury, provided the surviving spouse was married to the decedent at the time of the8
event which resulted in the officer's death.9
* * *10
§1317. Pension of children of deceased employee and children of deceased retired11
employees ; certain members hired on or before December 31, 2010 12
A.(1) This Section shall apply to any employee whose initial date of13
employment occurred on or before December 31, 2010. If there is no surviving14
spouse to receive the pension due a spouse of any police employee or retired15
employee under R.S. 11:1320 or 1322, or if the spouse has remarried and forfeited16
his or her benefit under R.S. 11:1321, the minor children of the deceased employee17
or deceased retired employee, if any, shall receive a monthly pension equal to the18
greater of:19
* * *20
§1318. Pension of physically handicapped or mentally disabled children of deceased21
employee hired on or before December 31, 201022
A. The surviving totally physically handicapped or mentally disabled child23
or children of a deceased member whose initial date of employment occurred on or24
before December 31, 2010, whether under or over the age of eighteen years, shall be25
entitled to the same benefits, payable in the same manner as provided by this Chapter26
for surviving spouses.27
* * *28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 46 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1319. Pension of parents of deceased employee hired on or before December 31,1
20102
If For any employee whose initial date of employment occurred on or before3
December 31, 2010, if there is no surviving spouse and no minor children, a monthly4
pension of twenty-five percent of the average salary of the deceased employee shall5
be paid to the parent or parents of the deceased employee, if they, or either of them,6
derived their main support from the employee.7
§1320. Death of employee not in performance of duty; certain members hired on or8
before December 31, 2010; payments 9
A. This Section shall apply to any sworn commissioned law enforcement10
officer of the office of state police of the Department of Public Safety and11
Corrections whose initial date of employment occurred on or before December 31,12
2010. On and after January 1, 1973, the surviving spouse of any such sworn,13
commissioned law enforcement officer of the office of state police whose death14
occurs other than in the line of duty, but who at the time of death was a member of15
the system and had less than twenty years of service credit with the department, shall16
be pensioned at twenty-five percent of his average salary if the officer, at the time17
of death, had under five years of service credit, thirty percent of his average salary18
if he had five years but under ten years of service credit, forty percent of his average19
salary if he had ten years but under fifteen years of service credit, and fifty percent20
of his average salary if he had fifteen years but under twenty years of service credit.21
On and after September 9, 1977, if the employee had twenty years of service or22
more, the surviving spouse shall receive a pension equal to the retirement benefit the23
employee would have received had the employee elected to retire at the time of his24
death.25
* * *26 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 47 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1321. Surviving spouse remarrying; forfeiture of pension; employees hired on or1
before December 31, 20102
A.(1) This Section shall apply to any employee whose initial date of3
employment occurred on or before December 31, 2010. If the surviving spouse of4
a deceased employee remarries while receiving the surviving spouse's pension under5
the provisions of this Chapter, such spouse thereupon forfeits all rights to the6
spouse's pension.7
* * *8
§1322. Death of former or retired employee hired on or before December 31, 2010;9
pension payable to survivors10
A. This Section shall apply to any employee whose initial date of11
employment occurred on or before December 31, 2010. The surviving spouse of a12
deceased former employee shall receive a pension in an amount equal to the monthly13
retirement pay that would have been payable to the decedent, provided all of the14
following conditions exist:15
* * *16
§1323. Death of employee not in performance of duty; employees hired on or after17
January 1, 201118
A. This Section shall apply to any member whose initial date of employment19
occurred on or after January 1, 2011, and whose death occurs other than in the line20
of duty. Survivor benefits shall be due and payable by the system effective the first21
day of the next month following the death of such member, but shall not be paid until22
a properly completed and acceptable application is received by the system and all23
proper certifications have been received by the system.24
B.(1) A surviving spouse with a minor or handicapped child, or mentally25
disabled child, or children shall be paid per month, for so long as one or more26
children remain eligible for benefits under Subsection C of this Section, fifty percent27
of the benefit to which the member would have been entitled if he had retired on the28
date of his death using the member's applicable accrual rate regardless of years of29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 48 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
service or age, or six hundred dollars per month, whichever is greater, provided the1
deceased member was an active member at the time of death and had five or more2
years of service credit, at least two years of which were earned immediately prior to3
death or provided the deceased member had twenty or more years of service credit4
regardless of when earned or whether the deceased member was in active service at5
the time of death.6
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent7
divorce or death of a new spouse; however, if the member was eligible to retire on8
the date of his death, benefits shall not cease upon remarriage.9
(3) When all surviving children cease to be eligible for benefits under10
Subsection C of this Section, the surviving spouse shall cease to receive benefits11
provided by this Subsection and thereafter, if eligible, shall receive benefits in12
accordance with the provisions of Subsection D of this Section.13
C. In addition to the amount payable in accordance with Subsection B of this14
Section, for the benefit of the surviving minor or handicapped child, or mentally15
disabled child, or children, there shall be paid for each such child, subject to a16
maximum of two children, per month fifty percent of the benefit to which a spouse17
would be entitled under Subsection B of this Section. Benefits shall be payable to18
such children even if no spouse eligible for survivor benefits is present, provided the19
member had at least five years of service credit. Benefits for a child shall cease20
when the child is no longer a minor child as defined by this Chapter. No surviving21
minor child shall receive more than one survivor's benefit at any one time. If two22
benefits are applicable, only the larger shall be paid.23
D.(1) A surviving spouse without minor or handicapped child, or mentally24
disabled child, or children shall be paid per month, for the remainder of his life, the25
benefit payable in accordance with R.S. 11:1323.1(A)(2)(a) based on years of service26
that the member had earned to the date of his death using the applicable accrual rate;27
or six hundred dollars per month, whichever is greater, provided the surviving spouse28
had been married to the deceased member for at least one year prior to death, and29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 49 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
provided the deceased member was an active member at the time of death and had1
ten or more years of service credit, at least two years of which were earned2
immediately prior to death or provided the deceased member had twenty or more3
years of service credit regardless of when earned or whether the deceased member4
was in active service at the time of death.5
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent6
divorce or death of the new spouse; however, if the member was eligible to retire on7
the date of his death, benefits shall not cease upon remarriage.8
E. The accumulated contributions of a deceased member shall be paid in a9
lump sum refund to the natural person or persons that he designated as his10
beneficiary, or to his succession if there is no designated beneficiary, but only if no11
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment12
of accumulated contributions shall be made only upon receipt of the deceased13
member's death certificate. Said payment to the named beneficiary or the estate14
cancels all liability of the system to the deceased member, his named beneficiary or15
his estate.16
F. In the event of death of a member leaving a surviving spouse and17
dependent children, the total of the benefits payable under Subsections B and C of18
this Section shall not be less each month than what would have been payable under19
Subsection D of this Section for as long as both spouse and children are eligible to20
receive benefits under Subsections B and C of this Section.21
G. If a member dies, even after retirement, eligible minor children shall22
receive the benefits under Subsection C of this Section.23
H. The benefits payable under Subsection C of this Section shall be paid to24
the person having legal custody of the property of the child, unless a trust created25
under Louisiana law has been created by the deceased member for the benefit of the26
child, the terms of the instrument creating the trust so provide and the system has27
been provided with a certified copy of the trust document, then the survivor benefit28
shall be paid to the trust under the terms of the trust for addition to the trust property.29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 50 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
In the event that the trust is contested by any party, the system shall withhold all1
survivor benefit payments or deposit them in the registry of the court if a concursus2
proceeding is filed, until there is a final binding legal agreement or judgment3
regarding the proper payment of the survivor benefits.4
I. Each survivor benefit recipient shall be required to establish proof5
annually or at such other times as the board of trustees may deem necessary that they6
are still legally entitled to the survivor benefits provided in this Section. The board7
of trustees shall have the right to suspend or cancel any survivor benefit wherein the8
recipient fails to provide proper certification of eligibility.9
§1323.1. Mode of payment where option elected; employees hired on or after10
January 1, 201111
A. Upon application for retirement any member may elect to receive his12
benefit in a retirement allowance payable throughout his life, or he may elect at that13
time to receive the actuarial equivalent of his retirement allowance in a reduced14
retirement allowance payable throughout life, with the provision that:15
(1) Option 1. If he dies before he has received in annuity payments the value16
of the member's annuity as it was at the time of his retirement, the balance shall be17
paid to his legal representatives or to the person he nominates by written designation18
duly acknowledged and filed with the board; or19
(2)(a) Option 2-A. Upon his death his reduced retirement allowance shall20
be continued throughout the life of and paid to the person he nominated by written21
designation duly acknowledged and filed with the board of trustees at the time of his22
retirement; or23
(b) Option 2-B. Upon his death his reduced retirement allowance shall be24
continued throughout the life of and paid to the person he nominated by written25
designation and, upon the death of that designated person, his reduced benefit shall26
be continued throughout the life of the deceased member's mentally handicapped27
child or children, but such benefits shall be paid to the guardian of such child or28
children. The written designation provided for in this Subparagraph shall be duly29 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 51 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
acknowledged and filed with the board of trustees at the time of the member's1
retirement.2
(c) Unless otherwise specified, any reference in law to this Paragraph or to3
Option 2, without reference to a particular Subparagraph or to Option 2-A or Option4
2-B shall mean Subparagraph (a) of this Paragraph or Option 2-A.5
(3) Option 3. Upon his death one-half of his reduced retirement allowance6
shall be continued throughout the life of and be paid to the person he nominated by7
written designation duly acknowledged and filed with the board of trustees at the8
time of his retirement; or9
(4) Option 4. Some other benefit or benefits shall be paid either to the10
member or to the person or persons he nominated, provided the other benefit or11
benefits, together with the reduced retirement allowance, shall be certified by the12
actuary to be of equivalent actuarial value to his retirement allowance and shall be13
approved by the board.14
* * *15
Part III. NEW STATE POLICE RETIREMENT PLAN16
§1351. Creation; application17
There is hereby created a retirement plan within this system for persons who18
would otherwise be eligible for membership in the State Police Employees' Pension19
and Retirement System but whose initial date of employment began on or after20
January 1, 2011. Such plan shall be known as the New State Police Retirement Plan.21
Any other provisions of this Chapter or any other laws to the contrary22
notwithstanding, the retirement of such persons shall be governed by the provisions23
of this Part; however, if provisions of this Chapter cover matters not specifically24
addressed by the provisions of this Part or if any of the provisions of this Chapter are25
made applicable in this Part, then those provisions shall apply to members governed26
by this Part.27 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 52 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1352. Application; definitions1
Terms not specifically defined in this Section shall have the meanings2
provided in R.S. 11:1301 unless a different meaning is clearly required by the3
context. For purposes of this Part:4
(1) "Average compensation" means the average annual earned compensation5
of a member for the sixty highest months of successive employment, or for the6
highest sixty successive joined months of employment where interruption of service7
occurred; however, average compensation for part-time employees who do not use8
sixty months of full-time employment for average compensation purposes shall be9
based on the base pay the part-time employee would have received had he been10
employed on a full-time basis. The earnings to be considered for the thirteenth11
through the twenty-fourth month shall not exceed one hundred fifteen percent of the12
earnings of the first through the twelfth month. The earnings to be considered for the13
twenty-fifth through the thirty-sixth month shall not exceed one hundred fifteen14
percent of the earnings of the thirteenth through the twenty-fourth month. The15
earnings to be considered for the thirty-seventh through the forty-eighth month shall16
not exceed one hundred fifteen percent of the earnings of the twenty-fifth through17
the thirty-sixth month. The earnings for the final twelve months shall not exceed one18
hundred fifteen percent of the earnings of the thirty-seventh through the forty-eighth19
month. The limitations on the computation of average compensation contained in20
this Item shall not apply to any twelve-month period during which compensation21
increased by more than fifteen percent over the previous twelve-month period solely22
because of an increase in compensation by a uniform systemwide increase adopted23
by the state Department of Civil Service and approved by the governor or because24
of a pay adjustment enacted by the legislature.25
(2) "Member" or "members" shall include persons who would be eligible26
for system membership pursuant to R.S. 11:1305 but whose initial date of27
employment began on or after January 1, 2011.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 53 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) "Plan" means the New State Police Retirement Plan created by this1
Subpart.2
(4) "System" means the Louisiana State Employees' Retirement System.3
§1353. Eligibility for membership4
Each person who would be eligible for system membership pursuant to R.S.5
11:1305 but whose initial date of employment began on or after January 1, 2011,6
shall become a member of the New State Police Retirement Plan of the system as a7
condition of employment.8
§1354. Eligibility for retirement9
Any member shall be eligible for retirement if he has:10
A. Twenty-five years or more of service, at any age.11
B. Ten years or more of service, at age sixty or thereafter.12
C. Twenty years of service credit at any age, exclusive of military service13
and unused annual and sick leave, but any person retiring under this Paragraph shall14
have his benefit, inclusive of military service credit and allowable unused annual and15
sick leave, actuarially reduced from the earliest age that he would normally become16
eligible for a regular retirement benefit under Subsection A or B of this Section if he17
had continued in service to that age. Any employee who elects to retire under the18
provisions of this Paragraph shall not be eligible to participate in the Back-Deferred19
Retirement Option Program provided by R.S. 11:1312.1.20
§1355. Retirement benefit21
A member shall receive a retirement equal to three and one-third percent of22
average compensation for every year of creditable service in the plan, not to exceed23
one hundred percent of the member's average compensation.24
§1356. Back-Deferred Retirement Option Plan25
A member, except as specified in R.S. 11:1354(C), shall have the option of26
participating in the Back-Deferred Retirement Option Plan in accordance with the27
provisions of R.S. 11:1312.1.28 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 54 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1357. Disability retirement1
A. Upon approval of a member's retirement based upon a total and2
permanent disability resulting solely from injuries sustained in the performance of3
his official duties, a member shall receive a disability benefit equal to seventy-five4
percent of his average compensation regardless of years of service. This benefit is5
payable only if the injury or injuries were sustained while on active duty status.6
B. If a member's disability occurs for reasons other than in the performance7
of his duties and the member has earned at least ten years of service credit in this8
Plan, then the member shall be entitled to disability benefits under the provisions of9
R.S. 11:1313(B)(2).10
C. The disability retirement procedures contained in R.S. 11:216 through 22511
which are not in conflict with this Section shall apply to members.12
§1358. Survivor's benefit for members killed in the line of duty13
A. If a member's death occurs in the line of duty or is a direct result of an14
injury sustained while in the line of duty, survivor benefits shall be payable to15
qualified survivors as provided for in this Section, except that a survivor shall be16
eligible for benefits under this Section without regard to the amount of time that the17
surviving spouse was married to the deceased member and without regard to the18
amount of time that the deceased was a member of this plan. This benefit is payable19
only if the injury or injuries were sustained while on active duty status.20
B. If the member has a surviving spouse, minor, or handicapped or mentally21
incapacitated child or children, the amount of the total benefit shall equal eighty22
percent of the member's average compensation. The benefit shall be shared equally23
by the surviving spouse and children. When a child who is not handicapped or24
mentally incapacitated no longer meets the definition of minor child under R.S.25
11:1301, his benefit shall cease, and the remaining beneficiaries shall have their26
shares adjusted accordingly.27 HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 55 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1359. Survivor's benefit for death other than in the line of duty1
The surviving spouse or children of any active member whose death occurs2
other than in the performance of his duties shall have the same pension rights as3
provided in R.S. 11:1323.4
Section 2. R.S. 24:36(M) is hereby enacted to read as follows:5
§36. Additional benefits payable to legislators; certain legislative personnel;6
governor; lieutenant governor; political subdivision service credit; credit for7
service previously rendered; additional contributions; computation of8
benefits payable; membership9
* * *10
M. Beginning January 1, 2011, the provisions of this Subpart shall not be11
applicable to any person whose first employment making him eligible for12
membership in any public retirement system, plan, or fund, began on or after such13
date.14
Section 3. The cost of this Act, if any, shall be funded through additional employee15
contributions as provided in this Act and with additional employer contributions in16
compliance with Article X, Section 29(E)(5)(b) of the Constitution of Louisiana.17
Section 4. This Act shall become effective on January 1, 2011.18
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Robideaux HB No. 1337
Abstract: For members hired on or after January 1, 2011, changes the benefit structure and
employee contribution rates for the four state retirement systems: the Louisiana State
Employees' Retirement System (LASERS), the Teachers' Retirement System of
Louisiana (TRSL), the State Police Pension and Retirement System (LSPRS), and
the Louisiana School Employees' Retirement System (LSERS).
Proposed law generally makes changes to the benefit structure of the four state retirement
systems, which are the Louisiana State Employees' Retirement System (LASERS), the
Teachers' Retirement System of Louisiana (TRSL), the Louisiana School Employees'
Retirement System (LSERS), and the State Police Pension and Retirement System (LSPRS),
for members hired on or after January 1, 2011, in the following respects:
(1)Employee contribution rates. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 56 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)Final average compensation.
(3)Benefit accrual rates.
(4)Retirement eligibility.
(5)Disability benefits.
(6)Survivor benefits.
Present law, relative to LASERS, provides generally for several plans for that provide
enhanced benefits (ie. retirement benefits, disability benefits, survivor benefits, etc) to
certain individuals:
(1)Wildlife agents of the enforcement division of the Dept. of Wildlife and Fisheries.
(2)Wardens, correctional officers, security personnel, and probation and parole officers
employed by the Dept. of Public Safety and Corrections (DPS&C).
(3)Full-time law enforcement personnel, supervisors, and administrators who are
employed with the Dept. of Revenue, office of alcohol and tobacco control, who are
Peace Officers Standard and Training (P.O.S.T.)-certified, who have the power to
arrest, and who hold a commission from such office.
(4)Peace officers, as defined by R.S. 40:2402(3)(a), employed by the DPS&C, office
of state police, other than state troopers.
(5)Judges.
(6)The governor, lieutenant governor and certain legislators.
(7)The Clerk of the House and Secretary of the Senate, and the Sergeant at arms of the
House and Senate.
Proposed law closes all such subplans and eliminates such enhanced benefit provision within
LASERS relative to such persons listed above, who are hired on or after Jan. 1, 2011.
Provides for consolidation of all hazardous duty personnel in LASERS into the newly
created Hazardous Duty Services Plan within LASERS, regardless of whether such persons
receive enhanced benefits under present law. Further provides that the individuals
referenced in (5), (6), and (7) above, who are hired on or after Jan. 1, 2011, will receive the
same benefits as rank-and-file members.
Proposed law generally creates the Hazardous Duty Services Plan within LASERS for
certain law enforcement personnel hired on or after Jan. 1, 2011, who are members of
LASERS, and provides that members of existing hazardous duty plans may retain
membership in those plans. Provides that with respect to any matters not addressed within
the provisions of the Hazardous Duty Services Plan, the generally applicable LASERS
provisions shall apply. The law enforcement personnel eligible for the Hazardous Duty
Services Plan include the following persons hired on or after Jan. 1, 2011:
(1)Wildlife agents of the enforcement division of the Dept. of Wildlife and Fisheries.
(2)Wardens, correctional officers, security personnel, and probation and parole officers
employed by the DPS&C.
(3)Employees of the bridge police section of the Crescent City Connection Division of
the DOTD. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 57 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4)Full-time law enforcement personnel, supervisors, and administrators who are
employed with the Dept. of Revenue, office of alcohol and tobacco control, who are
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from
such office.
(5)Peace officers, as defined by R.S. 40:2402(1)(a), employed by the DPS&C, office
of state police, other than state troopers.
(6)Arson investigators employed by the office of state fire marshal who are
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from
such office.
(7)Park rangers employed by the Dept. of Culture, Recreation and Tourism, office of
state parks, who are P.O.S.T.-certified, who have the power to arrest, and who hold
a commission from such office.
(8)Campus police officers employed by the various colleges and universities, who are
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from
such office.
(9)Hospital security officers employed by LSU Health Sciences Center, who are
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from
such office.
(10)Investigators of the Dept. of Justice who are in a position required to be P.O.S.T.-
certified.
(11)All personnel employed in a position required to be P.O.S.T.-certified, who have the
power to arrest, and who hold a commission from such office, who are otherwise
members of LASERS and are not members of any other retirement system.
Proposed law, establishes within LSPRS a plan similar to the LASERS Hazardous Duty
Service Plan, called the New State Police Retirement Plan, for members of LSPRS hired on
or after Jan. 1, 2011.
EMPLOYEE CONTRIBUTIONS
Present law establishes the employee contribution rates in the following amounts for
members of the four state retirement systems:
(1)LASERS: Rank-and-file state employees - 7.5% if hired on or before June 30, 2006;
8% if hired on or after July 1, 2006.
(2)LASERS: Judges, court officers, the governor, lieutenant governor and certain
legislators - 11.5%.
(3)LASERS: Certain correctional employees employed by the Department of Public
Safety and Corrections; peace officers employed by the Department of Public Safety
and Corrections, office of state police, other than state troopers; and personnel
employed by the Department of Revenue, office of alcohol and tobacco control, as
provided in R.S. 11:444(A)(2)(c) - 9%.
(4)LASERS: Clerk of the House and Secretary of the Senate - 9.5%.
(5)LASERS: Wildlife Agents - 9.5%.
(6)LASERS: Bridge police of the Crescent City Connection Division of the Department
of Transportation and Development - 8.5%. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 58 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(7)TRSL: 8% for regular members, 9.1% for School lunch Plan A members, and 5% for
School Lunch Plan B members.
(8)LSERS: 7.5%.
(8)LSPRS: 8.5%.
Proposed law requires members of state retirement systems hired on or after Jan. 1, 2011,
to pay employee contributions equal to one-half of the system's normal cost.
AVERAGE COMPENSATI ON
I. LASERS
Present law provides that, for purposes of retirement benefit computation, average
compensation of a LASERS rank-and-file members hired on or before June 30, 2006, shall
be based on the 36 highest successive months of employment or on the highest 36 successive
joined months of employment where interruption of service occurred. The earnings to be
considered for the first, second, and last 12-month period shall not increase by more than
25% ('anti-spiking' provisions).
Present law provides the same 36-month average compensation provisions apply to certain
persons, regardless of hire date, who receive an additional benefit pursuant to present law
(certain peace officers, wildlife agents, public safety services employees, judicial
administrators, judges, certain legislators, the governor, lieutenant governor, the clerk and
sergeant-at-arms of the House of Representatives, the secretary and the sergeant-at-arms of
the Senate).
Present law provides that, for any rank-and-file member hired on or after July 1, 2006,
average compensation shall be calculated over a 60-month period, and the anti-spiking
provisions prohibit an increase in earnings over 15% each year of such period.
Proposed law retains present law but provides that persons hired on or after Jan. 1, 2011,
who would receive an additional benefit pursuant to present law (certain peace officers,
wildlife agents, public safety services employees, judicial administrators, judges, certain
legislators, the governor, lieutenant governor, the clerk and sergeant-at-arms of the House
of Representatives, the secretary and the sergeant-at-arms of the Senate), shall be have their
average compensation calculated over a 60-month period, and shall be subject to the 15%
anti-spiking if hired on or after Jan. 1, 2011.
II.TRSL
Present law provides that average compensation for a teacher shall mean the three highest
consecutive years of employment or the three highest joined successive years where break
in service occurred. Furthermore, anti-spiking provisions prohibit an increase in earnings
over 10% each year of such period.
Proposed law retains present law but provides that average compensation for any teacher
hired on or after January 1, 2011, shall be calculated over the highest five years, and the anti-
spiking provisions relative to such persons prohibit an increase in earnings over 15% each
year of such period.
III.LSERS
Present law provides that average compensation for a school employee hired on or before
June 30, 2006, shall mean the three highest consecutive years of employment or the three
highest joined successive years where break in service occurred. Provides that average
compensation for any school employee hired on or after July 1, 2006, shall be calculated HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 59 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
over five years. Furthermore, anti-spiking provisions prohibit an increase in earnings over
10% each year of such period.
Proposed law retains present law with regard to the 5-year FAC, but provides that for
members hired on or after Jan, 1, 2011, the anti-spiking provisions relative to such persons
prohibit an increase in earnings over 15% each year of such period.
IV.LSPRS
Present law provides that average compensation for a member of the system hired before
September 8, 1978, shall be based on the highest one-year period.
Present law provides that average compensation for a member of the system hired on or after
September 8, 1978, shall be based on the highest three-year period. Furthermore, anti-
spiking provisions prohibit an increase in earnings over 25% during any year of such period.
Proposed law retains present law but, pursuant to the New State Police Retirement Plan
created under proposed law, provides that for any member of the system hired on or after
Jan.1, 2011, average compensation shall be calculated over the highest five years.
Furthermore, anti-spiking provisions prohibit an increase in earnings over 15% during any
year in such period.
RETIREMENT ELIGIBILITY
I. LASERS
Present law provides for retirement eligibility for members of LASERS. Rank-and-file
members hired on or before June 30, 2006, may retire: (1) at age 60 with 10 years of service
credit; (2) at age 55 with 25 years of service credit; (3) at any age with 30 years of service
credit; and (4) at any age with 20 years of service credit, but subject to an actuarial reduction
of benefits. Provides that rank-and-file members hired on or after July 1, 2006, may only
retire at age 60 with 10 years of service credit.
Proposed law retains present law for rank-and-file members.
Present law also provides various eligibility provisions for several hazardous duty subplans
within LASERS, including plans for:
(1)Wildlife agents of the enforcement division of the Dept. of Wildlife and Fisheries:
(a)10 years of service at age 55 if hired before July 1, 2003.
(b)20 years of service at any age if hired before July 1, 2003.
(c)10 years of service at age 60 if hired on or after July 1, 2003.
(d)25 years of service at any age if hired on or after July 1, 2003.
(2)Wardens, correctional officers, security personnel, and probation and parole officers
employed by the Dept. of Public Safety and Corrections:
(a)10 years of service at age 60.
(b)25 years of service at any age.
(3)Full-time law enforcement personnel, supervisors, and administrators who are
employed with the Dept. of Revenue, office of alcohol and tobacco control, who are
Peace Officers Standard and Training (P.O.S.T.)-certified, who have the power to
arrest, and who hold a commission from such office:
(a)10 years of service at age 60.
(b)25 years of service at any age. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 60 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(c)20 years of service at any age but subject to an actuarial reduction of
benefits.
(4)Peace officers, employed by the Dept. of Public Safety and Corrections, office of
state police, other than state troopers:
(a)10 years of service at age 60.
(b)25 years of service at age 55.
(c)30 years of service at any age.
(c)20 years of service at any age but subject to an actuarial reduction of
benefits.
(5)Bridge police in the Crescent City Connection Division of the Department of
Transportation and Development:
(a)10 years of service at age 60.
(b)25 years of service at any age.
(c)20 years of service at any age but subject to an actuarial reduction of
benefits.
Proposed law retains present law for hazardous duty personnel hired on or before Dec. 31,
2010. However, pursuant to the Hazardous Duty Services Plan created by proposed law, any
hazardous duty personnel hired on or after Jan. 1, 2011, shall only be eligible to retire with:
(a)10 years of service at age 60.
(b)25 years of service at age 55.
Present law provides a subplan within LASERS for Judges and court officers containing
special retirement eligibility requirements and benefit provisions:
(a)10 years as a judge / court officer at age 65.
(b)18 years as a judge / court officer at any age.
(c)20 years of service at age 50 (with 12 years served as judge / court officer).
(d)12 years at age 55 (with 12 years served as judge / court officer).
(e)Age 70 with no service requirements.
Proposed law retains present law for judges and court officers hired on or before Dec. 31,
2010. However, any judges or court officers hired on or after Jan. 1, 2011, shall only be
eligible to retire with 10 years of service at age 60.
II.TRSL
Present law provides for retirement eligibility for members of TRSL. Members hired before
July 1, 1999, may retire: (1) at the age of 60 with 5 years of service credit; or (2) at any age
with 20 years of service credit. Members hired on or afer July 1, 1999, may retire: (1) at the
age of 60 with 5 years of service credit; (2) at the age of 55 with 25 years of service credit;
(3) at any age with 30 years of service credit; and (4) at any age with 20 years of service
credit but subject to an actuarial reduction in benefits.
Proposed law retains present law but provides that present law's retirement eligibility
requirements apply only to members hired on or before Dec. 31, 2010. Provides that
members hired on or after Jan. 1, 2011, may only retire at age 60 with 10 years of service
credit.
III.LSERS
Present law provides for retirement eligibility for members of LSERS. Members may retire:
(1) at the age of 60 with 10 years of service credit; (2) at the age of 55 with 25 years of HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 61 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
service credit; (3) at any age with 30 years of service credit; and (4) at any age with 20 years
of service credit but subject to an actuarial reduction in benefits.
Proposed law retains present law but provides that present law's retirement eligibility
requirements apply only to members hired on or before Dec. 31, 2010. Provides that
members hired on or after Jan. 1, 2011, may only retire at age 60 with 10 years of service
credit.
IV.LSPRS
Present law provides that a member of LSPRS may retire if he has:
(1)10 years of service at age 50.
(2)20 years of service at any age, if hired before September 8, 1978.
(3)25 years of service at any age, if hired on or after September 8, 1978.
Proposed law retains present law but provides that, in accordance with the New State Police
Retirement Plan established under proposed law, a member of LSPRS hired on or after Jan.
1, 2011, shall only be able to retire if he has:
(1)10 years of service at age 60.
(2)25 years of service at age 55.
V. GOVERNOR, LIEUTENANT GOVERNOR, LEGISLATORS, HOUSE CLERK,
SERGEANT-AT-ARMS, SENATE SECRETARY, STATE TREASURER.
Present law provides the following retirement eligibility provisions for the governor,
legislators, the clerk or sergeant-at-arms of the House of Representatives, the secretary or
sergeant-at-arms of the Senate, and the state treasurer, in any actuarially-funded retirement
system: 20 years of service (at least 12 served in the designated position) at age 50 (or the
age requirement of the system of which he is a member).
Present law also permits the governor, lieutenant governor, or member of the legislature to
retire with:
(1)16 years in such position at any age.
(2)12 years in such position at age 55.
Proposed law provides that such members, hired or elected on or after Jan. 1, 2011, shall
only be eligible for retirement with 10 years of service at age 60.
BENEFIT ACCRUAL RATE
Present law generally provides for a benefit calculation formula for each state system
typically consisting of: [(years of service) x (accrual rate)] x (average compensation)], where
the accrual rate is a percentage of pay, typically equal to 2.5%, 3%, 3 and 1/3%, or 3.5%,
depending on the member's job classification and the retirement system he in.
I. LASERS
Present law provides for an accrual rate of 2.5% for rank-and-file members, and 3% to 3 and
1/3% for certain hazardous duty personnel. Also provides for a 2.5% accrual rate with an
extra 1% accrual for every year of service as a judge or court officer.
Present law Provides for a 3 and 1/3% accrual rate for the following groups:
(1)Wildlife agents of the enforcement division of the Dept. of Wildlife and Fisheries. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 62 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)Wardens, correctional officers, security personnel, and probation and parole officers
employed by the DPS&C.
(3)Full-time law enforcement personnel, supervisors, and administrators who are
employed with the Dept. of Revenue, office of alcohol and tobacco control, who are
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from
such office.
(4)Peace officers, as defined by R.S. 40:2402(1)(a), employed by the DPS&C, office
of state police, other than state troopers.
Proposed law provides, pursuant to the Hazardous Duty Services Plan created by proposed
law, that all hazardous duty personnel in such plan hired on or after Jan. 1, 2011, shall
receive a 3 and 1/3% accrual rate. Furthermore, proposed law eliminates the extra 1%
accrual for years of service as a judge or court officer, for such persons hired on or after Jan.
1, 2011.
II.LSERS
Present law, relative to members of LSERS, provides for accrual rates of 2.5%, 3%, or 3 and
1/3%, depending on the member's retirement date.
Proposed law retains present law, but provides that members hired on or after January 1,
2011, shall only receive an accrual rate of 2.5%.
III.LSPRS
Present law, relative to members of LSPRS, provides for accrual rates of 3 and 1/3%.
Proposed law's New State Police Retirement Plan retains present law.
IV.Governor, Lieutenant Governor, Legislators, House Clerk, Sergeant-at-arms, Senate
Secretary
Present law provides for an extra 1% accrual rate in any actuarially-funded retirement
system for every year of service as a the governor, a legislator, the clerk or sergeant-at-arms
of the House of Representatives, and the secretary or sergeant-at-arms of the Senate.
Proposed law retains present law but eliminates the extra 1% accrual for years of service as
for such persons hired on or after January 1, 2011.
DISABILITY RETIREMENT
I. LASERS - injuries not sustained in the line of duty
Present law provides a variety of disability retirement provisions for the following groups
of employees for injuries sustained not in the line of duty:
(1)Rank-and-file members hired on or before June 30, 2006, or peace officers,
enforcement personnel in the Dept. of Revenue, office of alcohol and tobacco
control, judges, the governor, lieutenant governor, the clerk and sergeant-at-arms of
the House of Representatives, the secretary and the sergeant-at-arms of the Senate,
regardless of hire date - Must have 10 years of service credit in order to receive a
disability benefit. Such members shall receive a disability benefit that is the same
as provided under the regular retirement provisions applicable to them. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 63 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)Rank-and-file members hired on or after July 1, 2006 - Must have 10 years of service
credit in order to receive a disability benefit. Such members shall receive a disability
benefit calculated based on a 2.5% accrual rate.
(3)Wildlife agents - Must have 10 years of service credit. Shall receive disability
benefits equal to 75% of their regular retirement benefit.
Proposed law retains present law for rank-and-file members. Furthermore, provides that
judges, the governor, lieutenant governor, the clerk and sergeant-at-arms of the House of
Representatives, the secretary and the sergeant-at-arms of the Senate, hired on or after Jan.
1, 2011, shall be treated as rank-and-file and shall receive the same disability as rank-and-
file members in (2) above for injuries not sustained in the line of duty.
Proposed law provides that disability benefits for all hazardous duty personnel hired on or
after Jan. 1, 2011, pursuant to the Hazardous Duty Services Plan established in proposed
law, must have 10 years of service credit in order to receive a disability benefit. Such
members shall receive a disability benefit based on a 3 and 1/3% accrual rate for injuries not
sustained in the line of duty.
II.LASERS - injuries sustained in the line of duty
Present law provides a variety of disability retirement provisions for the following groups
of hazardous duty personnel for injuries sustained in the line of duty:
(1)Wildlife agents - 60% of FAC (Final Average Compensation) with 10 years of
service credit.
(2)Corrections officers - 40% of (FAC) if less than 10 years of service credit. If he has
10 or more years of service, his disability retirement benefit shall be the greater of
40% of FAC or the amount that he would have received under regular retirement.
(3)Peace officers - Same as not in the line of duty above.
(4)Enforcement personnel in the Dept. of Revenue, office of alcohol and tobacco
control - Same as not in the line of duty above.
Proposed law provides that hazardous duty personnel hired on or after Jan. 1, 2011, subject
to the Hazardous Duty Services Plan established by proposed law shall receive a disability
benefit equal to 75% of FAC for injuries sustained in the line of duty.
III.TRSL
Present law provides that members who have 5 years of service credit shall receive a
disability benefit equal to 2.5% x Years of service x FAC, which shall not be less than the
lesser of: (1) 40% of the minimum beginning teacher salary; or (2) 75% of FAC.
Present law also provides a multitude of benefits to the surviving spouse and children upon
the disability retiree’s death.
Proposed law provides that a member hired on or after Jan. 1, 2011, must have 10 years of
service credit in order to receive a disability benefit. Such members shall receive a disability
benefit that is the same as provided under the regular retirement provisions applicable to
them. Upon the death of the disability retiree, the normal retirement benefit payment options
selected by the retiree shall apply. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 64 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
IV.LSERS
Present law provides that members hired on or before June 30, 2006, must have 5 years of
service credit in order to receive a disability benefit, which benefit shall equal 2.5% x years
of service x FAC, but shall not be less than 33 and 1/3% of FAC. Members hired on or after
July 1, 2006, must have 10 years of service credit in order to receive a disability benefit,
which benefit shall equal 3% x years of service x FAC. Upon the disability retiree’s death,
the surviving spouse shall receive 75% of the retiree’s disability benefit.
Proposed law provides that a member hired on or after Jan. 1, 2011, must have 10 years of
service credit in order to receive a disability benefit. Such members shall receive a disability
benefit that is the same as provided under the regular retirement provisions applicable to
them (2.5% x years of service x FAC for members hired on or after Jan. 1, 2011). Upon the
death of the disability retiree, the normal retirement benefit payment options selected by the
retiree shall apply.
V. LSPRS
Present law provides that a member must have 5 years of service credit in order to receive
a disability benefit for injuries not sustained in the line of duty. Such members shall receive
a disability benefit equal to 50% of FAC + 1.5% of FAC for every year of service in excess
of 10 years.
Proposed law provides that in accordance with the New State Police Retirement Plan
established by proposed law, members hired on or after Jan 1., 2011, must have 10 years of
service credit in order to receive a disability benefit. Such members shall receive a disability
benefit that is the same as provided under the regular retirement provisions applicable to
them (3 and 1/3% x years of service x FAC) for injuries not sustained in the line of duty.
Present law provides that a member may receive a disability benefit for injuries sustained
in the line of duty regardless of years of service credit. Such members shall receive a
disability benefit equal to 50% of FAC + 1.5% of FAC for every year of service in excess
of 10 years.
Proposed law provides that in accordance with the New State Police Retirement Plan
established by proposed law, members hired on or after Jan 1., 2011, shall receive a
disability benefit equal to 75% of FAC for injuries sustained in the line of duty.
SURVIVOR BENEFITS
I. LASERS - death not sustained in the line of duty
Present law provides for benefits payable to surviving spouses and children upon the death
of a member not yet retired who dies other than in the line of duty.
Present law provides for different survivor benefit amounts for surviving spouses and
children typically expressed as a percentage of FAC. Provides that a spouse with children
shall receive 25% of FAC for the spouse and 50% of FAC for the children. A spouse with
no children shall receive 50% of FAC. Children with no surviving spouse shall receive 75%
of FAC divided equally among them.
Proposed law retains present law for members hired on or before Dec. 31, 2010, but for
members hired on or after Jan. 1, 2011, provides that a spouse with children shall receive
50% of what the member’s normal retirement benefit would have been. Additionally, any
children shall each receive 50% of what the spouse would be entitled to under proposed law.
A spouse with no children shall receive an actuarially reduced benefit. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 65 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
II.LASERS - death sustained in the line of duty
Present law provides for numerous survivor benefits payable to surviving spouses and
children of the wildlife agents and correctional officers who die while in the line of duty.
Proposed law provides, pursuant to the Hazardous Duty Service Plan established by
proposed law, that for hazardous duty personnel hired on or after Jan. 1, 2011, the surviving
spouse and children of a member in hazardous duty services who dies in the line of duty
shall receive 80% of FAC, which benefit shall be shared equally between the spouse and
children.
III.TRSL
Present law provides that upon the death of member not yet retired, a spouse with children
shall receive 50% of what the member’s normal retirement benefit would have been.
Additionally, any children shall each receive 50% of what the spouse would be entitled to
under present law. A spouse with no children shall receive an actuarially reduced benefit.
Proposed law retains present law
IV.LSERS
Present law provides that upon the death of member not yet retired, a surviving spouse with
children shall receive 75% of FAC, 1/3 of which shall go to the spouse and 2/3 to go to the
children. Children with no surviving spouse shall receive 75% of FAC. A spouse with no
child shall receive 50% of FAC.
Proposed law retains present law for members hired on or before Dec. 31, 2010, but for
members hired on or after Jan. 1, 2011, provides that a spouse with children shall receive
50% of what the member’s normal retirement benefit would have been. Additionally, any
children shall each receive 50% of what the spouse would be entitled to under proposed law.
A spouse with no children shall receive an actuarially reduced benefit.
V. LSPRS - survivor benefits for death not sustained in the line of duty
Present law provides for benefits payable to surviving spouses and children upon the death
of a member not yet retired who dies other than in the line of duty. Provides that a surviving
spouse shall receive a survivor benefit equal to 25% of FAC in the member had less than 5
years of service credit; 30% of FAC if he had more than 5 but less than 10 years of service
credit; 40% if he had at least 10 but less than 15 years of service credit; and 50% if he had
at least 15 but less than 20 years. If the member had 20 or more years of service the
surviving spouse shall receive a benefit equal to what the member’s regular retirement
benefit would have been. Surviving children, without a surviving spouse, shall receive the
greater of 60% of FAC or the regular retirement that the member would have received.
Provides that in lieu of a surviving spouse or children, the member’s parents shall receive
25% of FAC.
Proposed law retains present law for members hired on or before Dec. 31, 2010, but for
members hired on or after Jan. 1, 2011, provides that a spouse with children shall receive
50% of what the member’s normal retirement benefit would have been. Additionally, any
children shall each receive 50% of what the spouse would be entitled to under proposed law.
A spouse with no children shall receive an actuarially reduced benefit.
VI.LSPRS - survivor benefits for death sustained in the line of duty
Present law provides that for a death sustained in the line of duty a member’s surviving
spouse shall receive 75% of the salary being received by the member. Surviving children,
without a surviving spouse, shall receive 75% of FAC. HLS 10RS-260 ORIGINAL
HB NO. 1337
Page 66 of 66
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides, pursuant to the New State Police Plan established by proposed law,
that for members hired on or after Jan. 1, 2011, the surviving spouse and children of a
member in hazardous duty services who dies in the line of duty shall receive 80% of FAC,
which benefit shall be shared equally between the spouse and children.
Proposed law requires that any cost of proposed law be funded with additional employee and
employer contributions in compliance with Art. X, Sec. 29(E)(5)(b) of the state constitution.
Effective Jan. 1, 2011.
(Amends R.S. 11:203, 211, 212, 214, 231, 403(5), 441(A) and (F), 444(A), 461(B), 471(A),
478(A), 551, 553 (intro. para.), 581, 601(B), 602, 701(5)(a), (b), and (c)(i), 761(A)(3),
768(B)(2), 778(C) and (D), 779, 1002(6)(b), 1141(A) and (C)(1)(a), 1144(B)(2)(a) and (3),
1147(C)(2)(b), 1151(A), 1307(A), 1310(A), 1313(B)(introductory paragraph), 1316(A),
1317(A)(1)(introductory paragraph), 1318(A), 1319, 1320(A), 1321(A)(1),
1322(A)(introductory paragraph); Adds R.S. 11:62(14), 471.1, R.S. 11:611-619, 761(A)(4),
779.1, 1002(6)(c) 1144(B)(4), 1147(C)(2)(a)(iii), 1151.1, 1313(C), 1323, 1323.1, 1351 -
1359 and R.S. 24:36(M))