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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. 11:62(4), (5)(a) and (c) and (10), 203, 211, 212, 214, 231,2
403(5), 441(A) and (F), 444(A), 461(B), 471(A), 478(A), 551, 553 (introductory3
paragraph), 581, 601(B), 602, 701(5)(a), (b), and (c)(i), 761(A)(3), 768(B)(2) and4
778(C) and (D), 779, 1002(6)(b), 1141(A), 1144(B)(2)(a) and (3), 1147(C)(2)(b),5
1151(A), 1307(A), 1310(A), 1313(B)(introductory paragraph), 1316(A),6
1317(A)(1)(introductory paragraph), 1318(A), 1319, 1320(A), 1321(A)(1),7
1322(A)(introductory paragraph) and to enact R.S. 11:62(5)(g), 471.1, Subpart D8
of Part VII of Chapter 1 of Subtitle II of Title 11 of the Louisiana Revised Statutes9
of 1950, to be comprised of R.S. 11:611 through 619, 761(A)(4), 779.1, 1002(6)(c),10
1144(B)(4), 1147(C)(2)(a)(iii), 1151.1, 1313(C), 1323, 1323.1, Part III of Chapter11
4 of Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950, to be comprised12
of R.S. 11:1345.1 through 1345.9, and R.S. 24:36(M), relative to the Louisiana State13
Employees' Retirement System, the Teachers' Retirement System of Louisiana, the14
State Police Pension and Retirement System, and the Louisiana School Employees'15
Retirement System; to provide relative to membership, employee contributions,16
benefit calculation, survivor benefits, disability benefits, and retirement eligibility17
for members of such systems newly hired after a certain date; to provide an effective18
date; and to provide for related matters.19 HLS 10RS-260 ENGROSSED
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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. 11:62(4), (5)(a) and (c) and (10), 203, 211, 212, 214, 231, 403(5),5
441(A) and (F), 444(A), 461(B), 471(A), 478(A), 551, 553 (introductory paragraph), 581,6
601(B), 602, 701(5)(a), (b), and (c)(i), 761(A)(3), 768(B)(2), 778(C) and (D), 779,7
1002(6)(b), 1141(A), 1144(B)(2)(a) and (3), 1147(C)(2)(b), 1151(A), 1307(A), 1310(A),8
1313(B)(introductory paragraph), 1316(A), 1317(A)(1)(introductory paragraph), 1318(A),9
1319, 1320(A), 1321(A)(1), 1322(A)(introductory paragraph) are hereby amended and10
reenacted and R.S. 11:62(5)(g), 471.1, Subpart D of Part VII of Chapter 1 of Subtitle II of11
Title 11 of the Louisiana Revised Statutes of 1950, comprised of R.S. 11:611 through 619,12
761(A)(4), 779.1, 1002(6)(c), 1144(B)(4), 1147(C)(2)(a)(iii), 1151.1, 1313(C), 1323, 1323.1,13
and Part III of Chapter 4 of Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950,14
comprised of R.S. 11:1345.1 through 1345.9 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
(4) Louisiana School Employees' Retirement System - 7.5% :20
(a) Employed on or before December 31, 2010 - 7.5%21
(b) Employed on or after January 1, 2011 - 8%22
(5) Louisiana State Employees' Retirement System:23
(a) Judges, court officers, the governor, lieutenant governor and legislators24
- 11.5%. :25
(i) Employed on or before December 31, 2010 - 11.5%26
(ii) Employed on or after January 1, 2011 - 8%27
* * *28
(c) Clerk of the House and Secretary of the Senate - 9.5%. :29 HLS 10RS-260 ENGROSSED
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(i) Employed on or before December 31, 2010 - 9.5%1
(ii) Employed on or after January 1, 2011 - 8%2
* * *3
(g) "Members" of the Hazardous Duty Services Plan, as defined in R.S.4
11:612 - 9.5%.5
* * *6
(10) State Police Pension and Retirement System – 8.5%. :7
(a) Employed on or before December 31, 2010 - 8.5%8
(b) "Members" of the New State Police Retirement Plan as defined in R.S.9
11:1345.2 - 9.5%10
* * *11
§203. Teachers' Retirement System12
A. A member who becomes disabled, and who files for disability benefits13
while in service, and who upon medical examination and certification, as provided14
for elsewhere in this Subpart, is found to be totally disabled for any cause, shall be15
entitled to disability benefits under the provisions of R.S. 11:778(B), provided the16
member has at least five years of creditable service, and R.S. 11:778 and 779,17
provided that the disability was incurred while the member was an active18
contributing member in active service. However, if the application for disability19
benefits is not filed while the member is in service, it shall be presumed that the20
disability was not incurred while the member was an active contributing member in21
active service. Such presumption may be overcome only by clear, competent, and22
convincing evidence that the disability was incurred while the member was an active23
contributing member in active service. 24
B.(1) A person whose first employment making him eligible for system25
membership occurs on or before December 31, 2010, applying for a disability benefit26
shall have five years of actual credited service in order to qualify for a disability27
benefit. Such member shall not use credit earned while receiving workers'28
compensation in order to meet the minimum five-year eligibility requirement.29 HLS 10RS-260 ENGROSSED
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(2) A person whose first employment making him eligible for system1
membership occurs on or after January 1, 2011, applying for a disability benefit shall2
have ten years of actual credited service in order to qualify for a disability benefit.3
Such member shall not use credit earned while receiving workers' compensation in4
order to meet the minimum ten-year eligibility requirement. 5
B. C. A member covered by R.S. 11:801 of this system, who becomes6
disabled, and who files for disability benefits while in service, and who upon medical7
examination and certification as provided for elsewhere in this Subpart, is found to8
be totally disabled for any cause, shall be entitled to disability benefits under the9
provisions of R.S. 11:805, provided the member has at least five years of creditable10
service, and provided that the disability was incurred while the member was an11
active contributing member in active service. However, if the application for12
disability benefits is not filed while the member is in service, it shall be presumed13
that the disability was not incurred while the member was an active contributing14
member in active service. Such presumption may be overcome only by clear,15
competent, and convincing evidence that the disability was incurred while the16
member was an active contributing member in active service. 17
* * *18
§211. State Police Retirement Fund 19
A. A member whose first employment making him eligible for system20
membership occurs on or before December 31, 2010, who becomes disabled, and21
who files for disability benefits while in service, and who upon medical examination22
and certification as provided for elsewhere in this Subpart is found to be either23
totally or partially disabled solely as the result of injuries sustained in the24
performance of his official duties, or totally disabled for any cause, provided the25
member has at least five years of creditable service, and provided that the disability26
was incurred while the member was an active contributing member in active service,27
shall be entitled to disability benefits under the provisions of R.S. 11:1313(B). 28 HLS 10RS-260 ENGROSSED
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B. A member whose first employment making him eligible for system1
membership occurs on or after January 1, 2011, who becomes disabled and who2
files for disability benefits while in service, and who upon medical examination and3
certification as provided for elsewhere in this Subpart is found to be either totally or4
partially disabled solely as the result of injuries sustained in the performance of his5
official duties, or totally disabled for any cause, provided the member has at least ten6
years of creditable service, and provided that the disability was incurred while the7
member was an active contributing member in active service, shall be entitled to8
disability benefits under the provisions of R.S. 11:1357.9
C. However, if If the application for disability benefits is not filed while the10
member is in service, it shall be presumed that the disability was not incurred while11
the member was an active contributing member in active service. Such presumption12
may be overcome only by clear, competent, and convincing evidence that the13
disability was incurred while the member was an active contributing member in14
active service. 15
§212. Louisiana State Employees' Retirement System16
A. A member who becomes disabled, and who is not eligible for regular17
retirement, and who files for disability benefits while in service, and who upon18
medical examination and certification, as provided for elsewhere in this Subpart, is19
found to be totally disabled for any cause, shall be entitled to disability benefits20
under the provisions of R.S. 11:461(B), provided the member has at least ten years21
of creditable service, and provided that the disability was incurred while the member22
was an active contributing member in active state service. However, if the23
application for disability benefits is not filed while the member is in state service, it24
shall be presumed that the disability was not incurred while the member was an25
active contributing member in active state service; such presumption may be26
overcome only by clear, competent, and convincing evidence that the disability was27
incurred while the member was an active contributing member in active state service.28 HLS 10RS-260 ENGROSSED
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B.(1) Subject to the appropriation of funds for this purpose, a member of the1
Louisiana State Employees' Retirement System who is first employed as a2
correction officer, probation or parole officer, or security officer of the Department3
of Public Safety and Corrections on or before December 31, 2010, and who, upon4
medical examination and certification as provided in this Subpart, is found to be5
either totally disabled or partially disabled or incapacitated solely as the result of6
injuries sustained in the official performance of official duties of a hazardous nature,7
shall be entitled to disability benefits under the provisions of R.S. 11:461(B)8
regardless of the number of years of service, provided the member has been a9
correction officer, probation or parole officer, or a security officer of the Department10
of Public Safety and Corrections. 11
(2) Any member who is first employed as a correction officer, probation or12
parole officer, or security officer of the Department of Public Safety and Corrections13
on or after January 1, 2011, and who, upon medical examination and certification as14
provided in this Subpart, is found to be totally and permanently disabled solely as the15
result of injuries sustained in the official performance of official duties of a16
hazardous nature, or totally disabled other than in the performance of his duties, shall17
be entitled to disability benefits under the provisions of R.S. 11:617.18
C. If the application for disability or survivors' benefits is not filed while the19
member is in state service, it shall be presumed that the disability was not incurred20
while the member was an active contributing member in active service. Such21
presumption may be overcome only by clear, competent, and convincing evidence22
that the disability was incurred while the member was an active contributing member23
in active service.24
* * *25
§214. Employees of the Enforcement Division enforcement division in the26
Department of Wildlife and Fisheries 27
(A)(1) A member of the Louisiana State Employees' Retirement System who28
is an employee of first employed by the enforcement division in the Department of29 HLS 10RS-260 ENGROSSED
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Wildlife and Fisheries on or before December 31, 2010, and who upon medical1
examination and certification as provided for elsewhere in this Subpart, is found to2
be either totally disabled solely as the result of injuries sustained in the official3
performance of his official duties, or partially disabled or incapacitated for any4
reason, provided the member has been an employee of the enforcement division for5
at least ten years, and provided that the disability was incurred while the member6
was an active contributing member in active service, shall be entitled to disability7
benefits under the provisions of R.S. 11:583(B). 8
(2) A member who is first employed by the enforcement division in the9
Department of Wildlife and Fisheries on or after January 1, 2011, who becomes10
disabled and who files for disability benefits while in service, and who upon medical11
examination and certification as provided for elsewhere in this Subpart is found to12
be totally and permanently 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 ten years of creditable service, shall be entitled to disability15
benefits under the provisions of R.S. 11:617.16
B. However, if If the application for disability benefits is not filed while the17
member is in state service, it shall be presumed that the disability was not incurred18
while the member was an active contributing member in active service. Such19
presumption may be overcome only by clear, competent, and convincing evidence20
that the disability was incurred while the member was an active contributing member21
in active service.22
* * *23
§231. Average compensation24
A. Notwithstanding any other provisions of law to the contrary, the25
provisions of this Section shall be applicable, unless specifically exempted in26
Subsection C below of this Section, to all members of the following public27
retirement systems:28
(1) Louisiana State Employees' Retirement System.29 HLS 10RS-260 ENGROSSED
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(2) State Police Pension and Retirement System.1
(4) (1) Assessors' Retirement Fund.2
(5) (2) Clerks' of Court Retirement and Relief Fund.3
(6) (3) District Attorneys' Retirement System.4
(7) (4) Municipal Employees' Retirement System of Louisiana.5
(9) (5) Registrars of Voters Employees' Retirement System.6
(10) (6) Sheriffs' Pension and Relief Fund.7
(11) (7) Municipal Police Employees' Retirement System.8
B. For purposes of retirement benefit computation, average compensation,9
or its equivalent, shall be based on the thirty-six highest successive months of10
employment, or on the highest thirty-six successive joined months of employment11
where interruption of service occurred. The earnings to be considered for the12
thirteenth through the twenty-fou rth month shall not exceed one hundred and13
twenty-five percent of the earnings of the first through the twelfth month. The14
earnings to be considered for the final twelve months shall not exceed one hundred15
and twenty-five percent of the earnings of the thirteenth through the twenty-fourth16
month. Nothing herein in this Subsection, however, shall change the method of17
determining the amount of earned compensation received.18
C.(1) This Section shall not apply to members of the State Police Pension19
and Retirement System who become members on or before September 8, 1978, but20
it shall apply to all persons who become members of the State Police Pension and21
Retirement System on or after September 9, 1978.22
(2) This Section shall not apply to members of the Louisiana State23
Employees' Retirement System whose first employment making them eligible for24
system membership began on or after July 1, 2006, or to any person who receives an25
additional benefit pursuant to R.S. 11:557, 582, or 602 or R.S. 24:36.26
(3) This Section shall not apply to members of the following retirement27
systems whose first employment making them eligible for system membership began28
on or after July 1, 2006:29 HLS 10RS-260 ENGROSSED
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(a) Clerks' of Court Retirement and Relief Fund.1
(b) Municipal Employees' Retirement System.2
(c) Registrars of Voters Employees' Retirement System.3
(d) Sheriffs' Pension and Relief Fund.4
(4) (2) This Section shall not apply to members of the Parochial Employees'5
Retirement System whose first employment making them eligible for system6
membership began on or after January 1, 2007.7
(5) (3) This Section shall not apply to members of the Assessors' Retirement8
Fund whose first employment making them eligible for system membership began9
on or after October 1, 2006.10
(6) This Section shall not apply to members of the Louisiana School11
Employees' Retirement System whose first employment making them eligible for12
system membership began on or after July 1, 2006.13
* * *14
§403. Definitions15
The following words and phrases used in this Chapter shall have the16
following meanings, unless a different meaning is clearly required by the context:17
* * *18
(5)(a)(i) "Average compensation", for a member whose first employment19
making him eligible for membership in the system began on or before June 30, 2006,20
and for any person who receives an additional benefit pursuant to R.S.21
11:444(A)(2)(b) or (c), 557, 582, or 602 or R.S. 24:36 whose first employment22
making him eligible for receiving such additional benefit began on or before23
December 31, 2010, means the average annual earned compensation of a state24
employee for the thirty-six highest months of successive employment, or for the25
highest thirty-six successive joined months of employment where interruption of26
service occurred; however, average compensation for part-time employees who do27
not use thirty-six months of full-time employment for average compensation28 HLS 10RS-260 ENGROSSED
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purposes shall be based on the base pay the part-time employee would have received1
had he been employed on a full-time basis.2
(ii) The earnings to be considered for the thirteenth through the3
twenty-fourth month shall not exceed one hundred and twenty-five percent of the4
earnings of the first through the twelfth month. The earnings to be considered for the5
final twelve months shall not exceed one hundred and twenty-five percent of the6
earnings of the thirteenth through the twenty-fourth month. Nothing in this7
Subparagraph, however, shall change the method of determining the amount of8
earned compensation received.9
(b)(i) "Average compensation", for a member whose first employment10
making him eligible for membership in the system began on or after July 1, 2006,11
and subject to the limitations provided in this Subparagraph, means the average12
annual earned compensation of a state employee for the sixty highest months of13
successive employment or for the highest sixty successive joined months of14
employment where interruption of service occurred; however, average compensation15
for part-time employees who do not use sixty months of full-time employment for16
average compensation purposes shall be based on the base pay the part-time17
employee would have received had he been employed on a full-time basis. This Item18
shall also be applicable to any judge, court officer, governor, lieutenant governor,19
clerk or sergeant-at-arms of the House of Representatives, secretary or sergeant-at-20
arms of the Senate, or state treasurer whose first employment making him eligible21
for membership began on or after January 1, 2011.22
(ii) The earnings to be considered for persons to whom Item (i) of this23
Subparagraph applies for the thirteenth through the twenty-fourth month shall not24
exceed one hundred fifteen percent of the earnings of the first through the twelfth25
month. The earnings to be considered for the twenty-fifth through the thirty-sixth26
month shall not exceed one hundred fifteen percent of the earnings of the thirteenth27
through the twenty-fourth month. The earnings to be considered for the thirty-28
seventh through the forty-eighth month shall not exceed one hundred fifteen percent29 HLS 10RS-260 ENGROSSED
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of the earnings of the twenty-fifth through the thirty-sixth month. The earnings for1
the final twelve months shall not exceed one hundred fifteen percent of the earnings2
of the thirty-seventh through the forty-eighth month. The limitations on the3
computation of average compensation contained in this Item shall not apply to any4
twelve-month period during which compensation increased by more than fifteen5
percent over the previous twelve-month period solely because of an increase in6
compensation by a uniform systemwide increase adopted by the state Department of7
Civil Service and approved by the governor or because of a pay adjustment enacted8
by the legislature. This Item shall also be applicable to any judge, court officer,9
member of the Louisiana Legislature, governor, lieutenant governor, clerk or10
sergeant-at-arms of the House of Representatives, secretary or sergeant-at-arms of11
the Senate, or state treasurer whose first employment making him eligible for12
membership began on or after January 1, 2011.13
(iii) The provisions of this Subparagraph shall not apply to any person who14
receives an additional benefit pursuant to R.S. 11:444(A)(2)(b) or (c), 557, 582, or15
602 or R.S. 24:36 whose first employment making him eligible for receiving such16
additional benefit began on or after January 1, 2011.17
* * *18
§441. Eligibility for retirement19
A.(1) Any member hired on or before June 30, 2006, or and any member20
who receives a benefit calculated pursuant to R.S. 11:444(A)(2)(b) and was hired on21
or before December 31, 2010, shall be eligible for retirement if he has:22
(a) Thirty years or more of service, at any age.23
(b) Twenty-five years or more of service, at age fifty-five or thereafter.24
(c) Ten years or more of service, at age sixty or thereafter.25
(d) Twenty years of service credit at any age, exclusive of military service26
and unused annual and sick leave, but any person retiring under this Subparagraph27
shall have his benefit, inclusive of military service credit and allowable unused28
annual and sick leave, actuarially reduced from the earliest age that he would29 HLS 10RS-260 ENGROSSED
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normally become eligible for a regular retirement benefit under Subparagraph (a),1
(b), or (c) of this Paragraph if he had continued in service to that age. Any employee2
who elects to retire under the provisions of this Subparagraph shall not be eligible3
to participate in the Deferred Retirement Option Plan provided by R.S. 11:447 or the4
Initial Benefit Option provided by R.S. 11:446(A)(5).5
(2)(a) Any member hired on or after July 1, 2006, shall be eligible for6
retirement if he has ten years or more of service, at age sixty or thereafter.7
(b) Except for members of the Hazardous Duty Services Plan, as defined in8
R.S. 11:612, any member whose first employment making him eligible for9
membership began on or after January 1, 2011, including any judge, court officer,10
governor, lieutenant governor, clerk or sergeant-at-arms of the House of11
Representatives, secretary or sergeant-at-arms of the Senate, or state treasurer, shall12
be eligible for retirement if he has:13
(i) Five years or more of service, at age sixty or thereafter.14
(ii) Twenty years of service credit at any age, exclusive of military service15
and unused annual and sick leave, but any person retiring under this Item shall have16
his benefit, inclusive of military service credit and allowable unused annual and sick17
leave, actuarially reduced from the earliest age that he would normally become18
eligible for a regular retirement benefit under Item (i) of this Subparagraph if he had19
continued in service to that age. Any employee who elects to retire under the20
provisions of this Item shall not be eligible to participate in the Deferred Retirement21
Option Plan provided by R.S. 11:447 or the Initial Benefit Option provided by R.S.22
11:446.23
(3) Any full-time law enforcement personnel, supervisor, or administrator24
who is employed with the Department of Revenue, office of alcohol and tobacco25
control, on June 30, 2007, or thereafter, but on or before December 31, 2010, who26
is P.O.S.T.-certified, who has the power to arrest, and who holds a commission from27
such office shall be eligible to retire if he has:28
(a) Twenty-five years or more of service, at any age.29 HLS 10RS-260 ENGROSSED
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(b) Ten years or more of service, at age sixty or thereafter.1
(c) Twenty years of service credit at any age, exclusive of military service2
and unused annual and sick leave, but any person retiring under this Subparagraph3
shall have his benefit, inclusive of military service credit and allowable unused4
annual and sick leave, actuarially reduced from the earliest age that he would5
normally become eligible for a regular retirement benefit under Subparagraph (a) or6
(b) of this Paragraph if he had continued in service to that age. Any employee who7
elects to retire under the provisions of this Subparagraph shall not be eligible to8
participate in the Deferred Retirement Option Plan provided by R.S. 11:447 or the9
Initial Benefit Option provided by R.S. 11:446(A)(5).10
* * *11
F. Notwithstanding the provisions of Subsection A of this Section or any12
other provision of law to the contrary, employees of persons who are first employed13
by the bridge police section of the Crescent City Connection Division of the14
Department of Transportation and Development on or before December 31, 2010,15
who are members of the system shall be eligible for retirement at any age upon16
attaining twenty-five or more years of service credit, at least ten of which were17
served immediately prior to application for retirement in a position with the bridge18
police section of the Crescent City Connection Division of the Department of19
Transportation and Development. 20
* * *21
§444. Computation of retirement benefit22
A.(1)(a) A member who retires effective on or after July 1, 1973, shall23
receive a maximum retirement allowance equal to two and one-half percent of24
average compensation, as determined under R.S. 11:231, for every year of creditable25
service, plus three hundred dollars.26
(b) The additional sum of three hundred dollars referenced in Subparagraph27
(a) of this Paragraph shall only apply to a person who became a member prior to July28
1, 1986.29 HLS 10RS-260 ENGROSSED
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(2)(a) Public safety service employees as those employees are referred to as1
"member" or "members" in R.S. 11:601(B) whose first employment making them2
eligible for membership began on or before December 31, 2010, shall receive a3
retirement allowance computed in accordance with R.S. 11:602.4
(b) Peace officers, as defined by R.S. 40:2402 (1)(3)(a), employed by the5
Department of Public Safety and Corrections, office of state police, other than state6
troopers, whose first employment making them eligible for membership began on7
or before December 31, 2010, shall receive a maximum retirement allowance in8
accordance with the following:9
(i)(aa) Any person employed as a peace officer on or before June 30, 2006,10
shall receive a benefit equal to three and one-third percent of average compensation,11
as determined under R.S. 11:231, for every year of creditable service in the12
retirement system whether or not such service was rendered as a peace officer, not13
to exceed one hundred percent of the member's average compensation.14
(bb) Any person employed as a peace officer on or before June 30, 2006,15
who was participating in the Deferred Retirement Option Plan on June 30, 2007, or16
who had continued in employment as of such date after completion of plan17
participation shall have his base benefit recalculated to reflect the increase in benefits18
provided pursuant to Subitem (aa) of this Item. The balance in his plan account and19
any subsequent contributions to such account shall be increased to reflect such20
benefit increase.21
(ii) Any person first employed as a peace officer after June 30, 2006, but22
before December 31, 2010, shall receive a benefit equal to three and one-third23
percent of average compensation, as determined under R.S. 11:231, for every year24
of creditable service as a peace officer, not to exceed one hundred percent of the25
member's average compensation.26
(iii) Any peace officer to whom this Subparagraph applies who continues in27
employment after participation in the Deferred Retirement Option Plan shall receive28 HLS 10RS-260 ENGROSSED
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a supplemental benefit pursuant to R.S. 11:450(D) for such continued employment1
calculated using the accrual rate of three and one-third percent.2
(c)(i) Full-time law enforcement personnel, supervisors, and administrators3
who are employed with the Department of Revenue, office of alcohol and tobacco4
control, on June 30, 2007, who are P.O.S.T.-certified, who have the power to arrest,5
and who hold a commission from such office shall receive a maximum retirement6
allowance equal to three and one-third percent of average compensation, as7
determined pursuant to R.S. 11:231, for:8
(aa) Every year of creditable service in the retirement system earned on or9
before June 30, 2007, as a peace officer as defined in R.S. 40:2402(1)(3)(a) in10
compliance with the certification requirements applicable when such credit was11
earned, whether or not such service was rendered as such a commissioned alcohol12
and tobacco control officer, and13
(bb) Every year of creditable service earned thereafter as such a14
commissioned alcohol and tobacco control officer.15
(ii) Full-time law enforcement personnel, supervisors, and administrators16
who become employed by the Department of Revenue, office of alcohol and tobacco17
control, on or after July 1, 2007, but before December 31, 2010, who are P.O.S.T.-18
certified, who have the power to arrest, and who hold a commission from such office19
shall receive a maximum retirement allowance equal to three and one-third percent20
of average compensation, as determined pursuant to R.S. 11:231, for every year of21
creditable service in the retirement system earned as such a commissioned alcohol22
and tobacco control officer.23
(3) In computing retirement allowances, any fractional period of service shall24
be taken into account and a proportionate amount of such retirement allowance,25
annuity, or benefit shall be granted. The retirement benefits provided pursuant to the26
provisions of this Chapter shall not exceed one hundred percent of the member's27
average compensation.28
* * *29 HLS 10RS-260 ENGROSSED
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§461. Eligibility; certification1
* * *2
B. The board of trustees shall award disability benefits to eligible members3
who have been officially certified as disabled by the State Medical Disability Board.4
The disability benefit shall be determined as follows:5
(1) Except as otherwise provided in this Section, a member shall receive a6
maximum disability retirement benefit which shall be equivalent to the regular7
retirement formula without reduction by reason of age.8
(2) Subject to the appropriation of funds for this purpose, a corrections9
officer, probation or parole officer, or a security officer of the Louisiana Department10
of Public Safety and Corrections who becomes disabled solely as a result of11
disabilities sustained in the official performance of official duties of a hazardous12
nature shall receive a maximum disability benefit of sixty percent of average13
compensation. The agency shall certify that the disability was sustained while the14
member was performing official duties while on active status and the disability must15
be certified by a physician on the State Medical Disability Board. Any such officer16
whose first employment as a corrections officer, probation or parole officer, or a17
security officer of the Louisiana Department of Public Safety and Corrections began18
on or after January 1, 2011, shall be subject to provisions of R.S. 11:617.19
(3)(a) For any person whose employment first making him eligible for20
membership in the system occurred on or before June 30, 2006, or who has attained21
the age of sixty regardless of hire date, or anyone who receives an additional benefit22
pursuant to R.S. 11:444(A)(2)(b) or (c) or 557 or R.S. 24:36 whose first employment23
making him eligible for such additional benefit began on or before December 31,24
2010, the disability retiree may retire under any of the regular retirement plans which25
applies to him.26
(b) Any person who has not attained the age of sixty and whose employment27
first making him eligible for membership in the system occurred on or after July 1,28
2006, shall receive a disability benefit equal to two and one-half percent of average29 HLS 10RS-260 ENGROSSED
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compensation for every year of creditable service. When the disability retiree attains1
the age of sixty, he shall receive his regular retirement benefit upon making2
application therefor to the board. The provisions of this Subparagraph shall not3
apply to any person who receives an additional benefit pursuant to R.S.4
11:444(A)(2)(b) or (c) or 557 or R.S. 24:36 whose first employment making him5
eligible for such additional benefit began on or before December 31, 2010.6
(4) Selection of retirement option need not shall be made when application7
is filed. Selection may be made after the applicant receives his disability retirement8
estimate. Upon the death of a disability retiree, his benefit shall be payable in9
accordance with the option selected at the time of application for disability10
retirement. Accumulated annual leave for which payment cannot be made upon11
retirement and unused sick leave accumulated upon retirement shall be credited to12
the extension of service in the computation of disability retirement benefits.13
* * *14
§471. Survivors' benefits; members hired on or before December 31, 201015
A. Surviving minor children. Benefits for the surviving children of members16
whose first employment making them eligible for membership in the system17
occurred on or before December 31, 2010, shall be calculated as set forth in this18
Section. The benefit or benefits shall be based on the average compensation of the19
member. A benefit shall be payable to surviving unmarried minor children of a20
member who had at least five years of creditable service, at least two years of which21
was earned immediately prior to death, and was in state service at the time of death22
or had twenty years or more of service credit regardless of when earned and whether23
the deceased member was in the state service at the time of death.24
* * *25
§471.1. Survivors' benefits; members hired on or after January 1, 201126
A. Survivor benefits shall be due and payable by the system effective the27
first day of the next month following the death of a member whose first employment28
making him eligible for membership in the system occurred on or after January 1,29 HLS 10RS-260 ENGROSSED
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2011, but shall not be paid until a properly completed and acceptable application is1
received by the system and all proper certifications have been received by the2
system.3
B.(1) A surviving spouse with a minor or handicapped child, or mentally4
disabled child, or children shall be paid per month, for so long as one or more5
children remain eligible for benefits under Subsection C of this Section, fifty percent6
of the benefit to which the member would have been entitled if he had retired on the7
date of his death using the member's applicable accrual rate regardless of years of8
service or age, or six hundred dollars per month, whichever is greater, provided the9
deceased member was an active member at the time of death and had five or more10
years of service credit, at least two years of which were earned immediately prior to11
death or provided the deceased member had twenty or more years of service credit12
regardless of when earned or whether the deceased member was in active service at13
the time of death.14
(2)(a) Benefits shall cease upon remarriage, and the surviving spouse shall15
be liable to the system for repayment of any survivor benefits received subsequent16
to his remarriage. The surviving spouse shall notify the system in writing within17
thirty days of his remarriage. Failure to provide such notice shall constitute fraud for18
purposes of R.S. 11:543.19
(b) Benefits shall resume upon a subsequent divorce or death of a new20
spouse.21
(c) Notwithstanding the provisions Subparagraph (a) of this Paragraph, if the22
member was eligible to retire on the date of his death, benefits shall not cease upon23
remarriage.24
(3) When all surviving children cease to be eligible for benefits under25
Subsection C of this Section, the surviving spouse shall cease to receive benefits26
provided by this Subsection and thereafter, if eligible, shall receive benefits in27
accordance with the provisions of Subsection D of this Section.28 HLS 10RS-260 ENGROSSED
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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 a 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)(a) Benefits shall cease upon remarriage, and the surviving spouse shall22
be liable to the system for repayment of any survivor benefits received subsequent23
to his remarriage. The surviving spouse shall notify the system in writing within24
thirty days of his remarriage. Failure to provide such notice shall constitute fraud for25
purposes of R.S. 11:543.26
(b) Benefits shall resume upon a subsequent divorce or death of a new27
spouse.28 HLS 10RS-260 ENGROSSED
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(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,1
if the member was eligible to retire on the date of his death, benefits shall not cease2
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 Subsection 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, except in those cases20
when a trust created under law has been created by the deceased member for the21
benefit of the child, the terms of the instrument creating the trust so provide and the22
system has been provided with a certified copy of the trust document, then the23
survivor benefit shall be paid to the trust under the terms of the trust for addition to24
the trust property. In the event that the trust is contested by any party, the system25
shall withhold all benefit payments or deposit them in the registry of the court if a26
concursus proceeding is filed, until there is a final binding legal agreement or27
judgment regarding the proper payment of benefits. If the trust terminates under the28
terms of the trust prior to the death of the child, then benefits shall be payable as29 HLS 10RS-260 ENGROSSED
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otherwise provided under this Subsection. The trustee of the trust shall immediately1
notify the system in writing of the death of the child.2
* * *3
§478. Benefits payable to certain members killed in the line of duty; survivor4
benefits; corrections officers hired on or before December 31, 20105
A. Notwithstanding any other provision of law to the contrary, if a6
correctional officer, probation or parole officer, or a security officer of the Louisiana7
Department of Public Safety and Corrections , whose first employment in such8
position occurred on or before December 31, 2010, is killed in the line of duty while9
serving in his official capacity, survivor benefits shall be payable to qualified10
survivors as provided for in accordance with this Section, except that a surviving11
spouse shall be eligible for benefits under this Section, without regard to the amount12
of time that the surviving spouse was married to the deceased officer and without13
regard to the amount of time that the deceased officer was a member of this system.14
This benefit is payable only if the member dies as a direct result of injuries sustained15
in the official performance of his official duties while on active duty status.16
* * *17
§551. Eligibility for membership 18
A. Notwithstanding anything in R.S. 11:413 to the contrary, except for R.S.19
11:413(7) which is specifically applicable, the judges and court officers set forth in20
R.S. 11:553 who take office on and after July 1, 1983, shall become members of the21
Louisiana State Employees' Retirement System and be eligible to obtain credit in and22
transfer credit to the system, as set forth herein. Judges and court officers in office23
prior to July 1, 1983 , shall continue to be governed by the law applicable to them24
prior to July 1, 1983. 25
B. Beginning January 1, 2011, the provisions of this Subpart shall not be26
applicable to judges or court officers to whom R.S. 11:553 would otherwise apply27
but whose first employment making them eligible for system membership began on28
or after such date. Such persons shall continue to be members of the Louisiana State29 HLS 10RS-260 ENGROSSED
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Employees' Retirement System but shall be subject to the provisions of this Chapter1
otherwise applicable to system members.2
* * *3
§553. Eligible judges and court officers 4
This Subpart shall apply to all present and future judges and court officers5
hereinafter enumerated in this Section whose first employment making them eligible6
for system membership began on or before December 31, 2010: 7
* * *8
§581. Application; definitions9
A. Any other provisions of Chapter 1 of Subtitle II of Title 11 or any other10
laws to the contrary notwithstanding, the retirement of wildlife agents employed by11
the enforcement division of the Louisiana Wildlife and Fisheries Commission on or12
before December 31, 2010, who are members of Louisiana State Employees'13
Retirement System, and all benefits accruing from such membership, shall be14
governed by the provisions of this Subpart; provided that with respect to matters not15
specifically covered by the provisions of this Subpart, reference shall be made to16
applicable provisions of Chapter 1 of Subtitle II of Title 11. Beginning January 1,17
2011, the provisions of this Subpart shall not be applicable to wildlife agents whose18
first employment making them eligible for system membership began on or after19
such date.20
B. For purposes of this Subpart:21
(1) The words "member", "members", "employee", or "employees" shall22
mean wildlife agents of the enforcement division of the Louisiana Department of23
Wildlife and Fisheries, whose first employmen t making them eligible for system24
membership began on or before December 31, 2010, who are members of the25
Louisiana State Employees' Retirement System and shall not include any other26
members of said retirement system or members of any other retirement system to27
which the state makes contribution or otherwise.28 HLS 10RS-260 ENGROSSED
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(2) The term "board of trustees" shall mean and refer to the board of trustees1
of the Louisiana State Employees' Retirement System created and provided for by2
Chapter 1 of Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950.3
* * *4
§601. Application; definitions5
* * *6
B. For purposes of the secondary component, the words "member" or7
"members" shall mean wardens, correctional officers, probation and parole officers,8
and security personnel who are employed by the Department of Public Safety and9
Corrections on or before December 31, 2010, and who are or who upon enrollment10
as an employee would be members of the primary component, but shall not include11
any other members of the primary component or members of any other retirement12
system to which the state makes contributions. Beginning January 1, 2011, the13
provisions of this Subpart shall not be applicable to wardens, correctional officers,14
probation and parole officers, and security personnel who are employe d by the15
Department of Public Safety and Corrections on or after such date.16
§602. Eligibility for retirement17
A. A member shall be eligible for retirement if he has attained at least18
twenty-five years of service credit, regardless of age. A member shall be eligible for19
retirement if he has:20
(1) Attained at least twenty-five years of service, regardless of age.21
(2) Attained at least ten years of service, at age sixty or thereafter.22
B. A member shall be eligible for retirement if he has attained at least ten23
years of service at age sixty or thereafter.24
C. A member shall receive a maximum retirement allowance equal to three25
and one-third percent of average compensation for every year of creditable service,26
not to exceed one hundred percent of the member's average compensation. 27
* * *28 HLS 10RS-260 ENGROSSED
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SUBPART D. HAZARDOUS DUTY SERVI CES PLAN1
§611. Creation of Hazardous Duty Services Plan2
A.(1) The legislature recognizes that certain state service requires employees3
to carry weapons and routinely be put in harm's way. These hazardous duty services4
employees, because of the dangerous and unpredictable nature of their5
responsibilities, should be entitled to unique retirement benefits.6
(2) The legislature further recognizes that current law provides myriad7
hazardous duty services plans, but that a single plan applied consistently and8
comprehensively to all hazardous duty services positions is preferred.9
(3) The legislature further recognizes the need for an adequate funding10
source for all retirement benefits as required by Article X, Section 29 of the11
Constitution of Louisiana. The Hazardous Duty Services Plan is therefore created12
for persons whose first employment making them eligible for system membership13
occurs on or after January 1, 2011, in hazardous duty positions, as defined in this14
Subpart.15
(4) Funding for this plan shall be actuarially sound with employee and16
employer contribution rates calculated and established at levels necessary to fund all17
benefits provided.18
(5) Members of existing hazardous duty plans may retain membership in19
those plans.20
B. Any other provisions of this Chapter or any other laws to the contrary21
notwithstanding, the retirement of hazardous duty services employees shall be22
governed by the provisions of this Subpart; however, if provisions of this Chapter23
cover matters not specifically addressed by the provisions of this Subpart or if any24
of the provisions of this Chapter are made applicable in this Subpart, then those25
provisions shall apply to members governed by this Subpart.26 HLS 10RS-260 ENGROSSED
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§612. Application; definitions1
Terms not specifically defined in this Section shall have the meanings2
provided in R.S. 11:403 unless a different meaning is clearly required by the context.3
For purposes of this Subpart: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 Paragraph shall not apply to any twelve-month period during which21
compensation increased by more than fifteen percent over the previous twelve-month22
period solely because of an increase in compensation by a uniform systemwide23
increase adopted by the state Department of Civil Service and approved by the24
governor or because of a pay adjustment enacted by the legislature.25
(2) "Member" or "members" shall include the following persons whose first26
employment making them eligible for system membership occurs on or after January27
1, 2011:28 HLS 10RS-260 ENGROSSED
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(a) Wildlife agents of the enforcement division of the Department of1
Wildlife and Fisheries.2
(b) Wardens, correctional officers, security personnel, and probation and3
parole officers employed by the Department of Public Safety and Corrections.4
(c) Employees of the bridge police section of the Crescent City Connection5
Division of the Department of Transportation and Development.6
(d) Full-time law enforcement personnel, supervisors, and administrators7
who are employed with the Department of Revenue, office of alcohol and tobacco8
control, who are P.O.S.T.-certified, who have the power to arrest, and who hold a9
commission from such office.10
(e) Peace officers, as defined by R.S. 40:2402(3)(a), employed by the11
Department of Public Safety and Corrections, office of state police, other than state12
troopers.13
(f) Arson investigators employed by the office of state fire marshal who are14
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from15
such office.16
(g) Park rangers employed by the Department of Culture, Recreation and17
Tourism, office of state parks, who are P.O.S.T.-certified, who have the power to18
arrest, and who hold a commission from such office.19
(h) Campus police officers employed by the various colleges and20
universities, who are P.O.S.T.-certified, who have the power to arrest, and who hold21
a commission from such office.22
(i) Hospital security officers employed by Louisiana State University Health23
Sciences Center, who are P.O.S.T.-certified, who have the power to arrest, and who24
hold a commission from such office.25
(j) Investigators of the Department of Justice who are in a position required26
to be P.O.S.T.-certified.27
(k) All personnel employed in a position required to be P.O.S.T.-certified,28
who have the power to arrest, and who hold a commission from such office, who are29 HLS 10RS-260 ENGROSSED
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otherwise members of the Louisiana State Employees' Retirement System, and are1
not members of any other retirement system.2
(3) "Plan" means the Hazardous Duty Services Plan created by this Subpart3
for certain hazardous duty services employees within the Louisiana State Employees'4
Retirement System.5
(4) "Qualified Survivors" means a surviving spouse, a minor child as defined6
in R.S. 11:403, and a handicapped or mentally incapacitated child.7
(5) "System" means the Louisiana State Employees' Retirement System.8
§613. Eligibility for membership9
Each person who becomes an employee in state service in one of the10
positions enumerated in R.S. 11:612(2) shall become a member of the Hazardous11
Duty Services Plan of the system as a condition of employment.12
§614. Eligibility for retirement13
A. Any member shall be eligible for retirement if he has:14
(1) Twenty-five years or more of service, at any age.15
(2) Twelve years or more of service, at age fifty-five or thereafter.16
(3) Twenty years of service credit at any age, exclusive of military service17
and unused annual and sick leave, but any person retiring under this Paragraph shall18
have his benefit, inclusive of military service credit and allowable unused annual and19
sick leave, actuarially reduced. Any member retiring under this Paragraph who is20
in state service at the time of his retirement shall have his benefit actuarially reduced21
from the earliest age that he would normally become eligible for a regular retirement22
benefit under Paragraph (1) or (2) of this Subsection if he had continued in service23
to that age. Any member retiring under this Paragraph who is out of state service at24
the time of his retirement shall have his benefit actuarially reduced from the earliest25
age that he would normally become eligible for a regular retirement benefit under26
Paragraph (1) or (2) of this Subsection based upon his years of service as of the date27
of retirement. Any employee who elects to retire under the provisions of this28 HLS 10RS-260 ENGROSSED
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Paragraph shall not be eligible to participate in the Deferred Retirement Option Plan1
provided by R.S. 11:447 or the Initial Benefit Option provided by R.S. 11:446(A)(5).2
B. Notwithstanding Subsection A of this Section, to be eligible to retire3
under this plan, the member's last ten years of system eligible service must have been4
in one of the hazardous duty positions defined in R.S. 11:612(2). With less than ten5
years hazardous duty service, he shall be eligible to retire at two and one-half percent6
of his average compensation for the actual number of years of service credit provided7
he has sufficient system service as required in Subsection A of this Section.8
§615. Retirement benefit9
A. A member shall receive a retirement benefit, except as provided in R.S.10
11:614(B), equal to three and one-third percent of average compensation for every11
year of creditable service in the Hazardous Duty Services Plan, not to exceed one12
hundred percent of the member's average compensation.13
B. Retirement benefits for members who had service in nonhazardous duty14
or service under existing plans prior to entering the Hazardous Duty Services Plan15
shall upon retirement eligibility receive a retirement benefit for that prior service16
based on the applicable accrual rate when earned.17
C. Upon application for retirement, members of this plan may choose any18
of the options specified in R.S. 11:446.19
§616. Deferred Retirement Option Plan20
A member, except as specified in R.S. 11:614(A)(3), shall have the option of21
participating in the Deferred Retirement Option Plan in accordance with the22
provisions of R.S. 11:447 through 454.23
§617. Disability retirement24
A. Upon approval of a member's retirement based upon a total and25
permanent disability resulting solely from injuries sustained in the performance of26
his official duties, a member shall receive a disability benefit equal to seventy-five27
percent of his average compensation regardless of years of service. This benefit is28
payable only if the injury or injuries were sustained while on active duty status.29 HLS 10RS-260 ENGROSSED
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B. If a member's disability occurs for reasons other than in the performance1
of his duties and the member has earned at least ten years of hazardous duty service2
credit, then the member shall be entitled to disability benefits under the provisions3
of R.S. 11:461(B)(1).4
C. The disability retirement procedures contained in R.S. 11:216 through5
225, which are not in conflict with this Section, shall apply to members.6
D. The provisions of R.S. 11:461(B)(4) shall apply to members.7
§618. Survivor's benefit for members killed in the line of duty8
A. If a member's death occurs in the line of duty or is a direct result of an9
injury sustained while in the line of duty, survivor benefits shall be payable to10
qualified survivors as provided for in this Section, except that a survivor shall be11
eligible for benefits under this Section without regard to the amount of time that the12
surviving spouse was married to the deceased member and without regard to the13
amount of time that the deceased was a member of this plan. This benefit is payable14
only if the injury or injuries were sustained while on active duty status.15
B. If the member has a surviving spouse, minor, or handicapped or mentally16
incapacitated child or children, the amount of the total benefit shall equal eighty17
percent of the member's average compensation. The benefit shall be shared equally18
by the surviving spouse and children. When a child who is not handicapped or19
mentally incapacitated no longer meets the definition of minor child under R.S.20
11:403, his benefit shall cease, and the remaining beneficiaries shall have their21
shares adjusted accordingly.22
C. The provisions of R.S. 11:472 through 477, concerning procedures for23
payment of survivor benefits which are not in conflict with this Section, shall apply24
to members.25
§619. Survivor's benefit for death other than in the line of duty26
A. The surviving spouse or children of any active member whose death27
occurs other than in the performance of his duties shall have the same pension rights28
as provided in R.S. 11:471.1.29 HLS 10RS-260 ENGROSSED
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B. The provisions of R.S. 11:472 through 477, concerning procedures for1
payment of survivor benefits which are not in conflict with this Section, shall apply2
to members.3
§701. Definitions4
As used in this Chapter, the following words and phrases have the meaning5
ascribed to them in this Section unless a different meaning is plainly required by the6
context:7
* * *8
(5)(a) "Average compensation" subject to the other provisions of this9
Paragraph, for any teacher whose first employment making him eligible for system10
membership occurred on or before December 31, 2010, means the average earnable11
compensation of a teacher for the three highest successive years of employment, or12
the highest three successive joined years of employment where interruption of13
service occurred. For any teacher whose first employment making him eligible for14
system membership occurred on or after January 1, 2011, average compensation15
means his average earnable compensation for the five highest successive years of16
employment, or the highest five successive joined years where interruption of service17
occurred. The computation of such average compensation shall be in accordance18
with the following guidelines:19
(i) The amount for the first through the twelfth month shall not exceed the20
compensation for the immediately preceding twelve months by more than ten percent21
for a teacher whose first employment making him eligible for system membership22
occurs on or before December 31, 2010, or by more than fifteen percent for a teacher23
hired on or after January 1, 2011.24
(ii) The amount for the thirteenth through the twenty-fourth month shall not25
exceed the lesser of the maximum allowable compensation amount or the actual26
compensation amount for the first through twelfth month by more than ten percent27
for a teacher whose first employment making him eligible for system membership28 HLS 10RS-260 ENGROSSED
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occurs on or before December 31, 2010, or by more than fifteen percent for a teacher1
hired on or after January 1, 2011.2
(iii) The amount for the twenty-fifth through the thirty-sixth month shall not3
exceed the lesser of the maximum allowable compensation amount or the actual4
compensation amount for the thirteenth through twenty-fourth month by more than5
ten percent for a teacher whose first employment making him eligible for system6
membership occurs on or before December 31, 2010, or by more than fifteen percent7
for a teacher whose first employment making him eligible for system membership8
occurs on or after January 1, 2011.9
(iv) The amount for the thirty-seventh through the forty-eighth month shall10
not exceed the lesser of the maximum allowable compensation amount or the actual11
compensation amount for the twenty-fifth through the thirty-sixth month by more12
than fifteen percent.13
(v) The amount for the final twelve months shall not exceed the lesser of the14
maximum allowable compensation amount or the actual compensation amount for15
the thirty-seventh through the forty-eighth month by more than fifteen percent.16
(b) The thirty-six or sixty months used for average compensation, as the case17
may be, cannot cover a period when the member receives more than three years or18
five years of service credit respectively.19
(c)(i) The limitations on the computation of average compensation in this20
Paragraph shall not apply to any of the twelve-month periods where compensation21
increased by more than ten percent the amount allowable in Subparagraph (a) of this22
Paragraph over the previous twelve-month period solely because of an increase in23
compensation by legislative act, by city/parish systemwide salary increase, or by a24
systemwide increase at a college or university.25
* * *26 HLS 10RS-260 ENGROSSED
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§761. Retirement benefits; application; eligibility requirements; effective date;1
cancellation; errors and omissions2
A.3
* * *4
(3) Any person whose first employment making him eligible for system5
membership occurs on or after January 1, 2011, may retire upon written application6
to the board of trustees, if at the time of application the member:7
(a) Has attained the age of sixty years and has credit for five years of8
accredited service.9
(b) Has twenty years of service credit at any age, exclusive of military10
service and unused annual and sick leave, but any person retiring under this11
Subparagraph shall have his benefit, inclusive of military service credit and12
allowable unused annual and sick leave, actuarially reduced from the earliest age that13
he would normally become eligible for a regular retirement benefit under14
Subparagraph (a) of this Paragraph if he had continued in service to that age. Any15
member who elects to retire under the provisions of this Subparagraph shall not be16
eligible to participate in the Deferred Retirement Option Plan provided by R.S.17
11:786 or the Initial Lump-Sum Benefit option provided by R.S. 11:783.18
(4)(a) A properly executed application for retirement shall be considered as19
officially filed when received by the board of trustees of this system. Retirement20
benefits shall become effective as of the date a properly executed application for21
retirement is received by the board of trustees of this system or the day after the22
member terminates from teaching service, whichever is later.23
(b) A member may cancel his application for retirement only prior to24
negotiating, cashing, or depositing any benefit check including an estimated benefit25
check.26
* * *27 HLS 10RS-260 ENGROSSED
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§768. Retirement allowances1
* * *2
B.3
* * *4
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, any5
person who became a member on or after July 1, 1999, but on or before December6
31, 2010, having twenty years of service credit, exclusive of military service and7
unused annual and sick leave, but who is less than sixty years of age, may retire but8
he shall have his maximum benefit inclusive of military service credit and allowable9
unused annual and sick leave actuarially reduced from the earlier of the following:10
(a) The date he would reach sixty years of age.11
(b) The earliest age that he would first become eligible for a retirement12
benefit as provided in Paragraph (A)(2) of this Section, if he had continued in service13
to that age and without regard to the date he became a member.14
* * *15
§778. Disability retirement16
* * *17
C. Upon the application of a member in service or of his employer, any18
member whose first employment making him eligible for membership in the system19
occurred on or before December 31, 2010, and who has five or more years of20
creditable service may be retired by the board of trustees, not less than thirty nor21
more than ninety days following the date of filing such application, on a disability22
retirement allowance, provided that the medical board, after a medical examination23
of the member, certifies that the member is mentally or physically incapacitated for24
the further performance of the duties currently being performed, that the incapacity25
is likely to be total and permanent, and that the member should be retired. Any26
member whose first employment making him eligible for membership in the system27
occurred on or after January 1, 2011, shall be eligible for disability benefits if he has28
ten or more years of creditable service. 29 HLS 10RS-260 ENGROSSED
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D. Disability retirees whose first employment making them eligible for1
membership in the system occurred on or before December 31, 2010, and who had2
at least fifteen years of service prior to being certified as disabled and who have been3
receiving disability benefits for at least ten years and who have attained at least age4
fifty shall be eligible to convert from disability benefits to regular retirement5
benefits, provided that any such retiree's regular retirement benefits shall be based6
on the number of years actually credited to the member's account, and provided that7
such conversion does not produce a benefit that creates an actuarial cost to the8
system.9
* * *10
§779. Allowance on disability retirement ; members hired on or before December11
31, 201012
A. The provisions of this Section shall apply to members whose first13
employment making them eligible for membership in the system began on or before14
December 31, 2010.15
A. B.(1) Upon retirement for disability, a member shall receive a disability16
retirement allowance equal to two and one-half percent of his average compensation17
multiplied by his years of creditable service, but not more than fifty percent of his18
average compensation. In no event shall such disability retirement allowance be less19
than the lesser of forty percent of the state minimum salary for a beginning teacher20
with a bachelor's degree, or seventy-five percent of his average compensation. Such21
retiree shall not be allowed an optional allowance.22
(2) In addition to the benefit provided by Paragraph (1) of this Subsection,23
if a disability retiree has a minor child, the disability retiree shall be paid an added24
benefit equal to fifty percent of his disability benefit for so long as he has a minor25
child, provided that the total benefit payable to the disability retiree does not exceed26
seventy-five percent of his average compensation.27
B. C.(1) If a disability retiree dies and leaves a surviving spouse who had28
been married to the deceased disability retiree for at least two years before the death29 HLS 10RS-260 ENGROSSED
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of the disability retiree and there are no minor children or there are minor children1
who are the children of both the disability retiree and the surviving spouse, the2
surviving spouse shall receive a survivor's benefit equal to seventy-five percent of3
the benefit being received by the disability retiree at the time of his death, and no4
benefits shall be paid under R.S. 11:762.5
(2) If a disability retiree dies and leaves a surviving spouse who had been6
married to the deceased disability retiree for at least two years before the death of the7
disability retiree and there are surviving minor children of the deceased disability8
retiree who are not the children of the surviving spouse, the surviving spouse shall9
receive a survivor's benefit equal to thirty-seven and one-half percent of the benefit10
being received by the disability retiree at the time of his death. Benefits equal to a11
total of thirty-seven and one-half percent of the benefit being received by the12
disability retiree at the time of his death shall be divided equally among the minor13
children who are not the children of the surviving spouse for the duration of their14
minority, and no benefits shall be paid under R.S. 11:762. When there are no longer15
any minor children of the deceased disability retiree who are not the children of the16
surviving spouse, the spousal benefit shall revert to seventy-five percent of the17
benefit being received by the disability retiree at the time of his death.18
(3) If a disability retiree dies and leaves a surviving spouse who had been19
married to the deceased disability retiree for at least two years before the death of the20
disability retiree and there are minor children of the deceased disability retiree who21
are not the children of the surviving spouse and also minor children of both the22
deceased disability retiree and the surviving spouse, the surviving spouse shall23
receive a survivor's benefit equal to fifty percent of the benefit being received by the24
disability retiree at the time of his death, and the minor children of the deceased25
disability retiree who are not the children of the surviving spouse shall receive and26
divide equally twenty-five percent of the benefit being received by the disability27
retiree at the time of his death for the duration of their minority, and no benefits shall28
be paid under R.S. 11:762. When there are no longer minor children of the deceased29 HLS 10RS-260 ENGROSSED
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disability retiree who are not the children of the surviving spouse, the spousal benefit1
shall revert to seventy-five percent of the benefit being received by the disability2
retiree at the time of his death.3
(4) If a disability retiree dies and does not leave a surviving spouse, or the4
surviving spouse dies after the death of the disability retiree, and there is a minor5
child or children of the disability retiree, the minor child or children shall be entitled6
to a total benefit equal to fifty percent of the benefit being received by the disability7
retiree at the time of his death for so long as there is a minor child, and no benefits8
shall be paid under R.S. 11:762.9
C. D. A disability retiree, upon attainment of the earliest age that he would10
have become eligible for a retirement benefit, if he had continued in service without11
further change in compensation, shall become a regular retiree using only his years12
of creditable service; however, his maximum benefit shall not be less than his13
disability benefit as provided by Paragraph A B(1) of this Section and shall not14
include the benefit provided by Paragraph A B(2) of this Section. The benefit15
provided by Paragraph A B(2) of this Section shall continue, but only be paid to the16
retiree and only for so long as the retiree has a minor child. The years that he is on17
disability retirement shall not be used in the computation of his regular retirement18
benefit. If a member dies after converting from disability retiree to regular retiree19
and leaves a minor child or children, the applicable benefits provided by Paragraph20
A B(2) of this Section shall be paid on behalf of the minor child or children, and no21
benefits shall be paid under R.S. 11:762 and 783(B).22
§779.1 Allowance on disability retirement; members hired on or after January 1,23
201124
Any member whose first employment making him eligible for membership25
in the system began on or after January 1, 2011, shall receive a maximum disability26
retirement benefit which shall be equivalent to the regular retirement formula27
without reduction by reason of age. Selection of a retirement option shall be made28
when application for disability is filed. If the disability retiree dies, the option29 HLS 10RS-260 ENGROSSED
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selected upon disability retirement shall be applied to his disability retirement1
benefit.2
* * *3
§1002. Definitions4
As used in this Chapter, the following words and phrases shall have the5
meaning ascribed to them in this Section unless a different meaning is plainly6
required by the context:7
* * *8
(6)9
* * *10
(b) "Average compensation", for a member whose first employment making11
him eligible for membership in the system began on or after July 1, 2006, but on or12
before December 31, 2010, shall be based on the sixty highest successive months of13
employment, or on the highest sixty successive joined months of employment where14
interruption of service occurred; however, the average compensation amount for the15
thirteenth through the twenty-fourth month shall not exceed the actual compensation16
amount for the first through the twelfth month by more than ten percent. The amount17
for the twenty-fifth through the thirty-sixth month shall not exceed the lesser of the18
maximum allowable compensation amount or the actual compensation amount for19
the thirteenth through the twenty-fourth month by more than ten percent. The20
amount for the thirty-seventh through the forty-eighth month shall not exceed the21
lesser of the maximum allowable compensation amount or the actual compensation22
amount for the twenty-fifth through the thirty-sixth month by more than ten percent.23
The amount for the forty-ninth through the sixtieth month shall not exceed the lesser24
of the maximum allowable compensation amount or the actual compensation amount25
for the thirty-seventh through the forty-eighth month by more than ten percent. The26
limitations on the computation of average compensation contained in this Paragraph27
shall not apply to any twelve-month period during which compensation increased by28
more than one hundred ten percent over the previous twelve-month period solely29 HLS 10RS-260 ENGROSSED
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because of an increase in compensation by legislative act or by a city/parish1
system-wide salary increase.2
(c) "Average compensation", for a member whose first employment making3
him eligible for membership in the system began on or after January 1, 2011, shall4
be based on the sixty highest successive months of employment, or on the highest5
sixty successive joined months of employment where interruption of service6
occurred; however, the average compensation amount for the thirteenth through the7
twenty-fourth month shall not exceed the actual compensation amount for the first8
through the twelfth month by more than fifteen percent. The amount for the9
twenty-fifth through the thirty-sixth month shall not exceed the lesser of the10
maximum allowable compensation amount or the actual compensation amount for11
the thirteenth through the twenty-fourth month by more than fifteen percent. The12
amount for the thirty-seventh through the forty-eighth month shall not exceed the13
lesser of the maximum allowable compensation amount or the actual compensation14
amount for the twenty-fifth through the thirty-sixth month by more than fifteen15
percent. The amount for the forty-ninth through the sixtieth month shall not exceed16
the lesser of the maximum allowable compensation amount or the actual17
compensation amount for the thirty-seventh through the forty-eighth month by more18
than fifteen percent. The limitations on the computation of average compensation19
contained in this Subparagraph shall not apply to any twelve-month period during20
which compensation increased by more than one hundred fifteen percent over the21
previous twelve-month period solely because of an increase in compensation by22
legislative act or by a city/parish system-wide salary increase.23
§1141. Retirement benefits; application; eligibility requirements; effective date;24
cancellation25
A. Any member , whose first employment making him eligible for system26
membership began on or before December 31, 2010, may retire upon written27
application to the board of trustees, if the member at the time of application has28
attained the age of sixty years and has credit for ten years of accredited service or has29 HLS 10RS-260 ENGROSSED
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attained the age of fifty-five years and has credit for twenty-five or more years of1
accredited service or at any age with thirty or more years of accredited service. Any2
member whose first employment making him eligible for system membership began3
on or after January 1, 2011, may retire upon written application to the board of4
trustees, if the member at the time of application has attained the age of sixty years5
and has credit for five years of accredited service. An application for retirement6
shall be officially filed with the board when received in the office of the director.7
Retirement benefits shall become effective as of the date an application for8
retirement is filed in the office of the director or the day after the member terminates9
from service, whichever is later. A member may only cancel his application for10
retirement prior to negotiating, cashing, or depositing any benefit check including11
an estimated benefit check.12
* * *13
§1144. Retirement allowance; regular, minimum, and supplemental14
* * *15
B. Minimum allowance. 16
* * *17
(2)(a) The provisions of this Paragraph shall apply to any member who18
retires on or after July 1, 2001 , but shall not apply to any member to whom19
Paragraph (4) of this Subsection is applicable.20
* * *21
(3) In the event that the funded status of this system should fall below one22
hundred percent, the employee contribution rate shall be increased in an amount23
sufficient to fund any cost to the system resulting from the application of the benefit24
accrual rates provided for in this Paragraphs (1) and (2) of this Subsection, with the25
loss being amortized in accordance with the provisions of R.S. 11:102(B)(3)(d)(i).26
(4) The provisions of this Paragraph shall apply to any member whose first27
employment making him eligible for membership in the system began on or after28
January 1, 2011. The minimum allowance for such members shall be no less than29 HLS 10RS-260 ENGROSSED
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an amount which provides a total allowance equal to two and one-half percent1
multiplied by the total years of accredited service and multiplied by the average2
compensation for such person as provided in R.S. 11:1002(6)(c).3
* * *4
§1147. Disability retirement5
* * *6
C.7
* * *8
(2)(a)9
* * *10
(iii) A disability retiree whose first employment making him eligible for11
system membership occurs on or after January 1, 2011, shall receive a maximum12
disability retirement benefit which shall be equivalent to the regular retirement13
formula without reduction by reason of age.14
(b)(i) If a disability retiree whose membership in the system began on or15
before December 31, 2010, dies and leaves a surviving spouse who had been married16
to the deceased disability retiree for at least two years prior to the death of the17
disability retiree, the surviving spouse shall receive a survivor's benefit equal to18
seventy-five percent of the benefit being received by the disability retiree at his19
death. Benefits shall cease upon remarriage.20
(ii) For disability retirees whose membership began on or after January 1,21
2011, selection of a retirement option shall be made when application for disability22
is filed. If the disability retiree dies, the option selected upon disability retirement23
shall be applied to his disability retirement benefit.24
* * *25 HLS 10RS-260 ENGROSSED
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§1151. Survivor benefits; members hired on or before December 31, 20101
A. This Section shall apply to members whose membership in the system2
began on or after January 1, 2011. Survivor's benefits are payable upon application3
therefor and become effective as of the day following the death of the member.4
* * *5
§1151.1. Survivors' benefits; members hired on or after January 1, 20116
A. Survivor benefits shall be due and payable by the system effective the7
first day of the next month following the death of a member whose first employment8
making him eligible for membership in the system occurred on or after January 1,9
2011, but shall not be paid until a properly completed and acceptable application is10
received by the system and all proper certifications have been received by the11
system.12
B.(1) A surviving spouse with a minor or handicapped child, or mentally13
disabled child, or children shall be paid per month, for so long as one or more14
children remain eligible for benefits under Subsection C of this Section, fifty percent15
of the benefit to which the member would have been entitled if he had retired on the16
date of his death using the member's applicable accrual rate regardless of years of17
service or age, or six hundred dollars per month, whichever is greater, provided the18
deceased member was an active member at the time of death and had five or more19
years of service credit, at least two years of which were earned immediately prior to20
death or provided the deceased member had twenty or more years of service credit21
regardless of when earned or whether the deceased member was in active service at22
the time of death.23
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent24
divorce or death of a new spouse; however, if the member was eligible to retire on25
the date of his death, benefits shall not cease upon remarriage.26
(3) When all surviving children cease to be eligible for benefits under27
Subsection C of this Section, the surviving spouse shall cease to receive benefits28 HLS 10RS-260 ENGROSSED
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provided by this Subsection and thereafter, if eligible, shall receive benefits in1
accordance with the provisions of Subsection D of this Section.2
C. In addition to the amount payable in accordance with Subsection B of this3
Section, for the benefit of the surviving minor or handicapped child, or mentally4
disabled child, or children, there shall be paid for each such child, subject to a5
maximum of two children, per month fifty percent of the benefit to which a spouse6
would be entitled under Subsection B of this Section. Benefits shall be payable to7
such children even if no spouse eligible for survivor benefits is present, provided the8
member had at least five years of service credit. Benefits for a child shall cease9
when the child is no longer a minor child as defined by this Chapter. No surviving10
minor child shall receive more than one survivor's benefit at any one time. If two11
benefits are applicable, only the larger shall be paid.12
D.(1) A surviving spouse without a minor or handicapped child, or mentally13
disabled child, or children shall be paid per month, for the remainder of his life, the14
benefit payable in accordance with R.S. 11:1150(B)(2) based on years of service that15
the member had earned to the date of his death using the applicable accrual rate; or16
six hundred dollars per month, whichever is greater, provided the surviving spouse17
had been married to the deceased member for at least one year prior to death, and18
provided the deceased member was an active member at the time of death and had19
ten or more years of service credit, at least two years of which were earned20
immediately prior to death or provided the deceased member had twenty or more21
years of service credit regardless of when earned or whether the deceased member22
was in active service at the time of death.23
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent24
divorce or death of the new spouse; however, if the member was eligible to retire on25
the date of his death, benefits shall not cease upon remarriage.26
E. The accumulated contributions of a deceased member shall be paid in a27
lump sum refund to the natural person or persons that he designated as his28
beneficiary, or to his succession if there is no designated beneficiary, but only if no29 HLS 10RS-260 ENGROSSED
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benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment1
of accumulated contributions shall be made only upon receipt of the deceased2
member's death certificate. Said payment to the named beneficiary or the estate3
cancels all liability of the system to the deceased member, his named beneficiary, or4
his estate.5
F. In the event of death of a member leaving a surviving spouse and6
dependent children, the total of the benefits payable under Subsections B and C of7
this Section shall not be less each month than what would have been payable under8
Subsection D of this Section for as long as both spouse and children are eligible to9
receive benefits under Subsections B and C of this Section.10
G. If a member dies, even after retirement, eligible minor children shall11
receive the benefits under Subsection C of this Section.12
H. The benefits payable under Subsection C of this Section shall be paid to13
the person having legal custody of the property of the child, unless a trust created14
under Louisiana law has been created by the deceased member for the benefit of the15
child, the terms of the instrument creating the trust so provide and the system has16
been provided with a certified copy of the trust document, then the survivor benefit17
shall be paid to the trust under the terms of the trust for addition to the trust property.18
In the event that the trust is contested by any party, the system shall withhold all19
survivor benefit payments or deposit them in the registry of the court if a concursus20
proceeding is filed, until there is a final binding legal agreement or judgment21
regarding the proper payment of the survivor benefits.22
I. Each survivor benefit recipient shall be required to establish proof23
annually or at such other times as the board of trustees may deem necessary that they24
are still legally entitled to the survivor benefits provided in this Section. The board25
of trustees shall have the right to suspend or cancel any survivor benefit wherein the26
recipient fails to provide proper certification of eligibility.27
* * *28 HLS 10RS-260 ENGROSSED
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§1307. Persons eligible to retire on basis of service and age; retirement salaries1
A. Upon application to the board as provided in R.S. 11:1306, members of2
this system shall be retired by the board at salaries benefits fixed as follows:3
(1) Any member of the system , whose initial date of employment occurred4
on or before December 31, 2010, and who has attained age fifty and who has credit5
for at least ten years of service shall be paid a monthly salary benefit equal to the6
sum of three and one-third percent multiplied by the member's monthly average7
salary, and further multiplied by the number of years of service credited to the8
member's account, but the total annual benefit shall not exceed one hundred percent9
of the member's final average annual salary.10
(2)(a) Any member of the system whose initial date of employment was11
prior to September 8, 1978, regardless of age, who has credit for at least twenty years12
of service shall be paid a monthly salary benefit equal to the sum of three and one-13
third percent multiplied by the member's monthly average salary, and further14
multiplied by the number of years of service credited to the member's account, but15
the total annual benefit shall not exceed one hundred percent of the member's final16
average annual salary.17
(b) Any member of the system whose initial date of employment occurred18
on or after September 8, 1978, but on or before December 31, 2010, regardless of19
age, who has credit for at least twenty-five years of service , regardless of age, shall20
be paid a monthly salary benefit equal to the sum of three and one-third percent21
multiplied by the member's monthly average salary, and further multiplied by the22
number of years of service credited to the member's account, but the total annual23
benefit shall not exceed one hundred percent of the member's final average annual24
salary.25
(3) Notwithstanding any other provision of law to the contrary, any member26
of the system who participated in the Deferred Retirement Option Plan on or before27
June 30, 2003, and who continued in employment after participation in the Deferred28
Retirement Option Plan without a break in service and who remained in such29 HLS 10RS-260 ENGROSSED
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continuous employment on July 1, 2003, shall be paid a monthly salary equal to the1
greater of the monthly benefit computed under R.S. 11:1307.1 or the sum of the2
member's original benefit plus twenty percent of the member's original average3
monthly salary, but the total annual benefit, including any additional benefit accrued4
after termination of participation in the Deferred Retirement Option Plan, shall not5
exceed one hundred percent of the member's final average annual salary.6
* * *7
§1310. Average salary; method of determining 8
A.(1) With respect to persons employed prior to September 8, 1978, the term9
"average salary" as used in this Chapter for the purpose of determining pension10
payments and retirement is the average salary including any additional pay or salary11
provided by the legislature over and above that set by the Civil Service Commission,12
received for the year ending on the last day of the month immediately preceding the13
date of retirement or date of death or for any one-year period, whichever is the14
greatest. For the purposes of computation, "average salary" shall not include15
overtime, expenses expenses, or clothing allowances.16
(2)(a) With respect to persons becoming employed on and after September17
8, 1978, but on or before December 31, 2010, the term "average salary" as used in18
this Chapter for the purpose of determining pension payments and retirement is the19
average salary including any additional pay or salary provided by the legislature over20
and above that set by the Civil Service Commission, received for the thirty-six month21
period ending on the last day of the month immediately preceding the date of22
retirement or date of death or for any thirty-six consecutive months, whichever is the23
greatest. For the purposes of computation, "average salary" shall not include24
overtime, expenses expenses, or clothing allowances. 25
(b) The earnings to be considered for the thirteenth through the twenty-fourth26
month shall not exceed one hundred and twenty-five percent of the earnings of the27
first through the twelfth month. The earnings to be considered for the final twelve28
months shall not exceed one hundred and twenty-five percent of the earnings of the29 HLS 10RS-260 ENGROSSED
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thirteenth through the twenty-fourth month. Nothing in this Subparagraph, however,1
shall change the method of determining the amount of earned compensation2
received.3
* * *4
§1313. Disability retirement; eligibility5
* * *6
B. The board of trustees shall award disability benefits to any sworn,7
commissioned law enforcement officer of the office of state police whose initial date8
of employment occurred on or before December 31, 2010, who is eligible and who9
has been officially certified as disabled by the State Medical Disability Board. The10
disability benefit shall be determined as follows:11
* * *12
C. 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 after January 1, 2011, who is eligible and who has15
been officially certified as disabled by the State Medical Disability Board. The16
disability benefit shall be determined as provided in R.S. 11:1345.7.17
* * *18
§1316. Death in the line of duty; certain members hired on or before December 31,19
2010; pension of surviving spouse of deceased employee; minor children20
with no surviving spouse21
A. This Section shall apply to any sworn commissioned law enforcement22
officer of the office of state police of the Department of Public Safety and23
Corrections whose initial date of employment occurred on or before December 31,24
2010. The surviving spouse of any such sworn commissioned law enforcement25
officer of the office of state police of the Department of Public Safety and26
Corrections who is killed in the discharge of his duties, or dies from immediate27
effects of any injury received as the result of an act of violence occurring while28
engaged in the discharge of his duties, shall be pensioned at seventy-five percent of29 HLS 10RS-260 ENGROSSED
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the salary being received by the employee at the time of the decedent's death or1
injury, provided the surviving spouse was married to the decedent at the time of the2
event which resulted in the officer's death.3
* * *4
§1317. Pension of children of deceased employee and children of deceased retired5
employees ; certain members hired on or before December 31, 2010 6
A.(1) This Section shall apply to any employee whose initial date of7
employment occurred on or before December 31, 2010. If there is no surviving8
spouse to receive the pension due a spouse of any police employee or retired9
employee under R.S. 11:1320 or 1322, or if the spouse has remarried and forfeited10
his or her benefit under R.S. 11:1321, the minor children of the deceased employee11
or deceased retired employee, if any, shall receive a monthly pension equal to the12
greater of:13
* * *14
§1318. Pension of physically handicapped or mentally disabled children of deceased15
employee hired on or before December 31, 201016
A. The surviving totally physically handicapped or mentally disabled child17
or children of a deceased member whose initial date of employment occurred on or18
before December 31, 2010, whether under or over the age of eighteen years, shall be19
entitled to the same benefits, payable in the same manner as provided by this Chapter20
for surviving spouses.21
* * *22
§1319. Pension of parents of deceased employee hired on or before December 31,23
201024
If For any employee whose initial date of employment occurred on or before25
December 31, 2010, if there is no surviving spouse and no minor children, a monthly26
pension of twenty-five percent of the average salary of the deceased employee shall27
be paid to the parent or parents of the deceased employee, if they, or either of them,28
derived their main support from the employee.29 HLS 10RS-260 ENGROSSED
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§1320. Death of employee not in performance of duty; certain members hired on or1
before December 31, 2010; payments 2
A. This Section shall apply to any sworn commissioned law enforcement3
officer of the office of state police of the Department of Public Safety and4
Corrections whose initial date of employment occurred on or before December 31,5
2010. On and after January 1, 1973, the surviving spouse of any such sworn,6
commissioned law enforcement officer of the office of state police whose death7
occurs other than in the line of duty, but who at the time of death was a member of8
the system and had less than twenty years of service credit with the department, shall9
be pensioned at twenty-five percent of his average salary if the officer, at the time10
of death, had under five years of service credit, thirty percent of his average salary11
if he had five years but under ten years of service credit, forty percent of his average12
salary if he had ten years but under fifteen years of service credit, and fifty percent13
of his average salary if he had fifteen years but under twenty years of service credit.14
On and after September 9, 1977, if the employee had twenty years of service or15
more, the surviving spouse shall receive a pension equal to the retirement benefit the16
employee would have received had the employee elected to retire at the time of his17
death.18
* * *19
§1321. Surviving spouse remarrying; forfeiture of pension ; employees hired on or20
before December 31, 201021
A.(1) This Section shall apply to any employee whose initial date of22
employment occurred on or before December 31, 2010. If the surviving spouse of23
a deceased employee remarries while receiving the surviving spouse's pension under24
the provisions of this Chapter, such spouse thereupon forfeits all rights to the25
spouse's pension.26
* * *27 HLS 10RS-260 ENGROSSED
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§1322. Death of former or retired employee hired on or before December 31, 2010;1
pension payable to survivors2
A. This Section shall apply to any employee whose initial date of3
employment occurred on or before December 31, 2010. The surviving spouse of a4
deceased former employee shall receive a pension in an amount equal to the monthly5
retirement pay that would have been payable to the decedent, provided all of the6
following conditions exist:7
* * *8
§1323. Death of employee not in performance of duty; employees hired on or after9
January 1, 201110
A. This Section shall apply to any member whose initial date of employment11
occurred on or after January 1, 2011, and whose death occurs other than in the line12
of duty. Survivor benefits shall be due and payable by the system effective the first13
day of the next month following the death of such member, but shall not be paid until14
a properly completed and acceptable application is received by the system and all15
proper certifications have been received by the system.16
B.(1) A surviving spouse with a minor or handicapped child, or mentally17
disabled child, or children shall be paid per month, for so long as one or more18
children remain eligible for benefits under Subsection C of this Section, fifty percent19
of the benefit to which the member would have been entitled if he had retired on the20
date of his death using the member's applicable accrual rate regardless of years of21
service or age, or six hundred dollars per month, whichever is greater, provided the22
deceased member was an active member at the time of death and had five or more23
years of service credit, at least two years of which were earned immediately prior to24
death or provided the deceased member had twenty or more years of service credit25
regardless of when earned or whether the deceased member was in active service at26
the time of death.27 HLS 10RS-260 ENGROSSED
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(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 a 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. 11:1323.1(A)(2)(a) based on years of service20
that the member had earned to the date of his death using the applicable accrual rate;21
or 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 ENGROSSED
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(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 ENGROSSED
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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
§1323.1. Mode of payment where option elected; employees hired on or after6
January 1, 20117
A. Upon application for retirement any member may elect to receive his8
benefit in a retirement allowance payable throughout his life, or he may elect at that9
time to receive the actuarial equivalent of his retirement allowance in a reduced10
retirement allowance payable throughout life, with the provision that:11
(1) Option 1. If he dies before he has received in annuity payments the value12
of the member's annuity as it was at the time of his retirement, the balance shall be13
paid to his legal representatives or to the person he nominates by written designation14
duly acknowledged and filed with the board; or15
(2)(a) Option 2-A. Upon his death his reduced retirement allowance shall16
be continued throughout the life of and paid to the person he nominated by written17
designation duly acknowledged and filed with the board of trustees at the time of his18
retirement; or19
(b) Option 2-B. Upon his death his reduced retirement allowance shall be20
continued throughout the life of and paid to the person he nominated by written21
designation and, upon the death of that designated person, his reduced benefit shall22
be continued throughout the life of the deceased member's mentally handicapped23
child or children, but such benefits shall be paid to the guardian of such child or24
children. The written designation provided for in this Subparagraph shall be duly25
acknowledged and filed with the board of trustees at the time of the member's26
retirement.27 HLS 10RS-260 ENGROSSED
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(c) Unless otherwise specified, any reference in law to this Paragraph or to1
Option 2, without reference to a particular Subparagraph or to Option 2-A or Option2
2-B shall mean Subparagraph (a) of this Paragraph or Option 2-A.3
(3) Option 3. Upon his death one-half of his reduced retirement allowance4
shall be continued throughout the life of and be paid to the person he nominated by5
written designation duly acknowledged and filed with the board of trustees at the6
time of his retirement; or7
(4) Option 4. Some other benefit or benefits shall be paid either to the8
member or to the person or persons he nominated, provided the other benefit or9
benefits, together with the reduced retirement allowance, shall be certified by the10
actuary to be of equivalent actuarial value to his retirement allowance and shall be11
approved by the board.12
* * *13
Part III. NEW STATE POLICE RETIREMENT PLAN14
§1345.1. Creation; application15
There is hereby created a retirement plan within this system for persons who16
would otherwise be eligible for membership in the State Police Employees' Pension17
and Retirement System but whose initial date of employment began on or after18
January 1, 2011. Such plan shall be known as the New State Police Retirement Plan.19
Any other provisions of this Chapter or any other laws to the contrary20
notwithstanding, the retirement of such persons shall be governed by the provisions21
of this Part; however, if provisions of this Chapter cover matters not specifically22
addressed by the provisions of this Part or if any of the provisions of this Chapter are23
made applicable in this Part, then those provisions shall apply to members governed24
by this Part.25
§1345.2. Application; definitions26
Terms not specifically defined in this Section shall have the meanings27
provided in R.S. 11:1301 unless a different meaning is clearly required by the28
context. For purposes of this Part:29 HLS 10RS-260 ENGROSSED
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(1) "Average compensation" means the average annual earned compensation1
of a member for the sixty highest months of successive employment, or for the2
highest sixty successive joined months of employment where interruption of service3
occurred; however, average compensation for part-time employees who do not use4
sixty months of full-time employment for average compensation purposes shall be5
based on the base pay the part-time employee would have received had he been6
employed on a full-time basis. The earnings to be considered for the thirteenth7
through the twenty-fourth month shall not exceed one hundred fifteen percent of the8
earnings of the first through the twelfth month. The earnings to be considered for the9
twenty-fifth through the thirty-sixth month shall not exceed one hundred fifteen10
percent of the earnings of the thirteenth through the twenty-fourth month. The11
earnings to be considered for the thirty-seventh through the forty-eighth month shall12
not exceed one hundred fifteen percent of the earnings of the twenty-fifth through13
the thirty-sixth month. The earnings for the final twelve months shall not exceed one14
hundred fifteen percent of the earnings of the thirty-seventh through the forty-eighth15
month. The limitations on the computation of average compensation contained in16
this Item shall not apply to any twelve-month period during which compensation17
increased by more than fifteen percent over the previous twelve-month period solely18
because of an increase in compensation by a uniform systemwide increase adopted19
by the state Department of Civil Service and approved by the governor or because20
of a pay adjustment enacted by the legislature.21
(2) "Member" or "members" shall include persons who would be eligible22
for system membership pursuant to R.S. 11:1305 but whose initial date of23
employment began on or after January 1, 2011.24
(3) "Plan" means the New State Police Retirement Plan created by this25
Subpart.26
(4) "System" means the State Police Pension and Retirement System.27 HLS 10RS-260 ENGROSSED
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§1345.3. Eligibility for membership1
Each person who would be eligible for system membership pursuant to R.S.2
11:1305 but whose initial date of employment began on or after January 1, 2011,3
shall become a member of the New State Police Retirement Plan of the system as a4
condition of employment.5
§1345.4. Eligibility for retirement6
Any member shall be eligible for retirement if he has:7
A. Twenty-five years or more of service, at any age.8
B. Twelve years or more of service, at age fifty-five or thereafter.9
C. Twenty years of service credit at any age, exclusive of military service10
and unused annual and sick leave, but any person retiring under this Paragraph shall11
have his benefit, inclusive of military service credit and allowable unused annual and12
sick leave, actuarially reduced from the earliest age that he would normally become13
eligible for a regular retirement benefit under Subsection A or B of this Section if he14
had continued in service to that age. Any employee who elects to retire under the15
provisions of this Paragraph shall not be eligible to participate in the Back-Deferred16
Retirement Option Program provided by R.S. 11:1312.1.17
§1345.5. Retirement benefit18
A member shall receive a retirement equal to three and one-third percent of19
average compensation for every year of creditable service in the plan, not to exceed20
one hundred percent of the member's average compensation.21
§1345.6. Back-Deferred Retirement Option Plan22
A member, except as specified in R.S. 11:1354(C), shall have the option of23
participating in the Back-Deferred Retirement Option Plan in accordance with the24
provisions of R.S. 11:1312.1.25
§1345.7. Disability retirement26
A. Upon approval of a member's retirement based upon a total and27
permanent disability resulting solely from injuries sustained in the performance of28
his official duties, a member shall receive a disability benefit equal to seventy-five29 HLS 10RS-260 ENGROSSED
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percent of his average compensation regardless of years of service. This benefit is1
payable only if the injury or injuries were sustained while on active duty status.2
B. If a member's disability occurs for reasons other than in the performance3
of his duties and the member has earned at least ten years of service credit in this4
Plan, then the member shall be entitled to disability benefits under the provisions of5
R.S. 11:1313(B)(2).6
C. The disability retirement procedures contained in R.S. 11:216 through 2257
which are not in conflict with this Section shall apply to members.8
§1345.8. Survivor's benefit for members killed in the line of duty9
A. If a member's death occurs in the line of duty or is a direct result of an10
injury sustained while in the line of duty, survivor benefits shall be payable to11
qualified survivors as provided for in this Section, except that a survivor shall be12
eligible for benefits under this Section without regard to the amount of time that the13
surviving spouse was married to the deceased member and without regard to the14
amount of time that the deceased was a member of this plan. This benefit is payable15
only if the injury or injuries were sustained while on active duty status.16
B. If the member has a surviving spouse, minor, or handicapped or mentally17
incapacitated child or children, the amount of the total benefit shall equal eighty18
percent of the member's average compensation. The benefit shall be shared equally19
by the surviving spouse and children. When a child who is not handicapped or20
mentally incapacitated no longer meets the definition of minor child under R.S.21
11:1301, his benefit shall cease, and the remaining beneficiaries shall have their22
shares adjusted accordingly.23
§1345.9. Survivor's benefit for death other than in the line of duty24
The surviving spouse or children of any active member whose death occurs25
other than in the performance of his duties shall have the same pension rights as26
provided in R.S. 11:1320.27 HLS 10RS-260 ENGROSSED
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Section 2. R.S. 24:36(M) is hereby enacted to read as follows:1
§36. Additional benefits payable to legislators; certain legislative personnel;2
governor; lieutenant governor; political subdivision service credit; credit for3
service previously rendered; additional contributions; computation of4
benefits payable; membership5
* * *6
M. Beginning January 1, 2011, the provisions of this Section shall not be7
applicable to any person whose first employment making him eligible for8
membership in any public retirement system, plan, or fund, began on or after such9
date.10
Section 3. The cost of this Act, if any, shall be funded through additional employee11
contributions as provided in this Act and with additional employer contributions in12
compliance with Article X, Section 29(E)(5)(b) of the Constitution of Louisiana.13
Section 4. This Act shall become effective on January 1, 2011.14
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 Jan. 1, 2011, changes the benefit structure and
employee contribution rates for the four state retirement systems: the La. State
Employees' Retirement System (LASERS), the Teachers' Retirement System of La.
(TRSL), the State Police Pension and Retirement System (LSPRS), and the La.
School Employees' Retirement System (LSERS).
Proposed law generally makes changes to the benefit structure of the four state retirement
systems, which are the La. State Employees' Retirement System (LASERS), the Teachers'
Retirement System of La. (TRSL), the La. School Employees' Retirement System (LSERS),
and the State Police Pension and Retirement System (LSPRS), for members hired on or after
Jan. 1, 2011, in the following respects:
(1)Employee contribution rates.
(2)Final average compensation.
(3)Benefit accrual rates.
(4)Retirement eligibility.
(5)Disability benefits. HLS 10RS-260 ENGROSSED
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(6)Survivor benefits.
Present law, relative to LASERS, provides generally for several plans that provide enhanced
benefits (i.e. 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 DPS&C.
(3)Employees of the bridge police section of the Crescent City Connection Division of
the DOTD.
(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 DPS&C, office of
state police, other than state troopers. HLS 10RS-260 ENGROSSED
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(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
Services 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 DPS&C; peace officers
employed by the DPS&C, office of state police, other than state troopers; and
personnel employed by the Dept. 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 DOTD -
8.5%.
(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%.
(9)LSPRS: 8.5%. HLS 10RS-260 ENGROSSED
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Proposed law requires rank-and-file members of state retirement systems hired on or after
Jan. 1, 2011, to pay 8% in employee contributions. Further requires hazardous duty
members in the Hazardous Duty Services Plan in LASERS and the New State Police
Retirement Plan to pay 9.5% in employee contributions.
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 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 Jan. 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
over five years. Furthermore, anti-spiking provisions prohibit an increase in earnings over
10% each year of such period. HLS 10RS-260 ENGROSSED
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are additions.
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
Sept. 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
Sept. 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 allows rank-and-file members hired on or after Jan. 1, 2011, to retire: (1) at
age 60 with five years of service credit; and (2) at any age with 20 years of service credit,
but subject to an actuarial reduction of benefits.
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 DPS&C:
(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 ENGROSSED
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(c)20 years of service at any age, but subject to an actuarial reduction of
benefits.
(4)Peace officers, employed by DPS&C, 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.
(d)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 DOTD:
(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)12 years of service at age 55.
(b)25 years of service at any age.
(c)20 years of service at any age, but subject to an actuarial reduction of
benefits.
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: (1) at age 60 with five years of service credit; and (2) at any age with 20
years of service credit, but subject to an actuarial reduction of benefits.
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 five 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 five 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 retire: (1) at age 60 with five years of service
credit; and (2) at any age with 20 years of service credit, but subject to an actuarial reduction
of benefits. HLS 10RS-260 ENGROSSED
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are additions.
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
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 retire: (1) at age 60 with five years of service
credit; and (2) at any age with 20 years of service credit, but subject to an actuarial reduction
of benefits.
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 Sept. 8, 1978.
(3)25 years of service at any age if hired on or after Sept. 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)12 years of service at age 55.
(2)25 years of service at any age.
(3)20 years of service at any age, but subject to an actuarial reduction of benefits.
V. GOVERNOR, LIEUTENANT GOVERNOR, LEGISLATORS, HOUSE CLERK,
SERGEANT AT ARMS, SENATE SECRETARY, AND 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, may
retire: (1) at age 60 with five years of service credit; and (2) at any age with 20 years of
service credit, but subject to an actuarial reduction of benefits.
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%, 3-1/3%, or 3.5%,
depending on the member's job classification and the retirement system he is in. HLS 10RS-260 ENGROSSED
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I. LASERS
Present law provides for an accrual rate of 2.5% for rank-and-file members, and 3% to 3-
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 3-1/3% accrual rate for the following groups:
(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 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 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 3-1/3% 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-
1/3%, depending on the member's retirement date.
Proposed law retains present law, but provides that members hired on or after Jan. 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 3-1/3%.
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 for
such persons hired on or after Jan. 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: HLS 10RS-260 ENGROSSED
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(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.
(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 3-1/3% 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 five 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. HLS 10RS-260 ENGROSSED
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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.
III.LSERS
Present law provides that members hired on or before June 30, 2006, must have five 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 33-1/3% 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.
IV.LSPRS
Present law provides that a member must have five 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 (3-1/3% 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. HLS 10RS-260 ENGROSSED
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are additions.
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.
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 Services 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 if the member had less than five
years of service credit; 30% of FAC if he had more than five 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. HLS 10RS-260 ENGROSSED
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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.
Proposed law provides, pursuant to the New State Police Retirement 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, §29(E)(5)(b) of the constitution of La.
Effective Jan. 1, 2011.
(Amends R.S. 11:62(4), (5)(a) and (c) and (10), 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),
1144(B)(2)(a) and (3), 1147(C)(2)(b), 1151(A), 1307(A), 1310(A), 1313(B)(intro. para.),
1316(A), 1317(A)(1)(intro. para.), 1318(A), 1319, 1320(A), 1321(A)(1), 1322(A)(intro.
para.); Adds R.S. 11:62(5)(g), 471.1, 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, 1345.1-1345.9 and R.S. 24:36(M))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Retirement to the original
bill.
1. Eliminated requirement that members to whom proposed law applies shall pay
employee contributions in the amount of one-half of the system's normal cost,
and instead required non-hazardous duty members to pay 8% and hazardous duty
members to pay 9.5% in employee contributions.
2. For non-hazardous duty members to whom proposed law applied, changed
retirement eligibility provisions from 10 years of service at age 60 to five years
of service at age 60, and added a provision allowing such person to retire early
with 20 years of service at any age subject to an actuarial reduction of benefits.
3. For hazardous duty members to whom proposed law applies, changed the 10
years at age 60 retirement eligibility provision to 12 years of service at age 55.
4. Relative to LASERS disability provisions, made technical corrections clarifying
that disability must be total and permanent.
5. Relative to LASERS provisions requiring survivor benefits to cease upon
remarriage of the beneficiary, required the beneficiary to notify LASERS within
30 days of remarriage.
6. Relative to the payment of survivor benefits to trusts of beneficiaries under
proposed law, provided that if the trust terminates prior to the death of the
beneficiary, the benefits shall be paid to the person having legal custody of the
beneficiary.
7. Relative to LASERS Hazardous Duty Services Plan members under proposed
law choosing early retirement, provided that for a person who is in state service
at the time of retirement, his benefit shall be reduced from the earliest age that
he would normally become eligible for regular retirement, as though he had HLS 10RS-260 ENGROSSED
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continued working to that age. For a person out of state service at the time of
retirement, the years of service he has accrued at the time of retirement shall be
used to determine the earliest age that he would normally become eligible for
regular retirement.