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Regular Session, 2010
HOUSE BILL NO. 1337
BY REPRESENTATIVES ROBIDEAUX, TIM BURNS, CARMODY, CARTER,
CORTEZ, GREENE, HARDY, HENDERSON, KATZ, LANDRY, LIGI,
PEARSON, 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),4
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 REENGROSSED
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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
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(c) Clerk and sergeant at arms of the House of Representatives and Secretary1
and sergeant at arms of the Senate - 9.5%. :2
(i) Employed on or before December 31, 2010 - 9.5%3
(ii) Employed on or after January 1, 2011 - 8%4
* * *5
(g) "Members" of the Hazardous Duty Services Plan, as defined in R.S.6
11:612 - 9.5%.7
* * *8
(10) State Police Pension and Retirement System – 8.5%. :9
(a) Employed on or before December 31, 2010 - 8.5%10
(b) "Members" of the New State Police Retirement Plan as defined in R.S.11
11:1345.2 - 9.5%12
* * *13
§203. Teachers' Retirement System14
A. A member who becomes disabled, and who files for disability benefits15
while in service, and who upon medical examination and certification, as provided16
for elsewhere in this Subpart, is found to be totally disabled for any cause, shall be17
entitled to disability benefits under the provisions of R.S. 11:778(B), provided the18
member has at least five years of creditable service, and R.S. 11:778 and 779,19
provided that the disability was incurred while the member was an active20
contributing member in active service. However, if the application for disability21
benefits is not filed while the member is in service, it shall be presumed that the22
disability was not incurred while the member was an active contributing member in23
active service. Such presumption may be overcome only by clear, competent, and24
convincing evidence that the disability was incurred while the member was an active25
contributing member in active service. 26
B.(1) A person whose first employment making him eligible for system27
membership occurs on or before December 31, 2010, applying for a disability benefit28
shall have five years of actual credited service in order to qualify for a disability29 HLS 10RS-260 REENGROSSED
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benefit. Such member shall not use credit earned while receiving workers'1
compensation in order to meet the minimum five-year eligibility requirement.2
(2) A person whose first employment making him eligible for system3
membership occurs on or after January 1, 2011, applying for a disability benefit shall4
have ten years of actual credited service in order to qualify for a disability benefit.5
Such member shall not use credit earned while receiving workers' compensation in6
order to meet the minimum ten-year eligibility requirement. 7
B. C. A member covered by R.S. 11:801 of this system, who becomes8
disabled, and who files for disability benefits while in service, and who upon medical9
examination and certification as provided for elsewhere in this Subpart, is found to10
be totally disabled for any cause, shall be entitled to disability benefits under the11
provisions of R.S. 11:805, provided the member has at least five years of creditable12
service, and provided that the disability was incurred while the member was an13
active contributing member in active service. However, if the application for14
disability benefits is not filed while the member is in service, it shall be presumed15
that the disability was not incurred while the member was an active contributing16
member in active service. Such presumption may be overcome only by clear,17
competent, and convincing evidence that the disability was incurred while the18
member was an active contributing member in active service. 19
* * *20
§211. State Police Retirement Fund 21
A. A member whose first employment making him eligible for system22
membership occurs on or before December 31, 2010, who becomes disabled, and23
who files for disability benefits while in service, and who upon medical examination24
and certification as provided for elsewhere in this Subpart is found to be either25
totally or partially disabled solely as the result of injuries sustained in the26
performance of his official duties, or totally disabled for any cause, provided the27
member has at least five years of creditable service, and provided that the disability28 HLS 10RS-260 REENGROSSED
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was incurred while the member was an active contributing member in active service,1
shall be entitled to disability benefits under the provisions of R.S. 11:1313(B). 2
B. A member whose first employment making him eligible for system3
membership occurs on or after January 1, 2011, who becomes disabled and who4
files for disability benefits while in service, and who upon medical examination and5
certification as provided for elsewhere in this Subpart is found to be either totally or6
partially disabled solely as the result of injuries sustained in the performance of his7
official duties, or totally disabled for any cause, provided the member has at least ten8
years of creditable service, and provided that the disability was incurred while the9
member was an active contributing member in active service, shall be entitled to10
disability benefits under the provisions of R.S. 11:1357.11
C. However, if If the application for disability benefits is not filed while the12
member is in service, it shall be presumed that the disability was not incurred while13
the member was an active contributing member in active service. Such presumption14
may be overcome only by clear, competent, and convincing evidence that the15
disability was incurred while the member was an active contributing member in16
active service. 17
§212. Louisiana State Employees' Retirement System18
A. A member who becomes disabled, and who is not eligible for regular19
retirement, and who files for disability benefits while in service, and who upon20
medical examination and certification, as provided for elsewhere in this Subpart, is21
found to be totally disabled for any cause, shall be entitled to disability benefits22
under the provisions of R.S. 11:461(B), provided the member has at least ten years23
of creditable service, and provided that the disability was incurred while the member24
was an active contributing member in active state service. However, if the25
application for disability benefits is not filed while the member is in state service, it26
shall be presumed that the disability was not incurred while the member was an27
active contributing member in active state service; such presumption may be28 HLS 10RS-260 REENGROSSED
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overcome only by clear, competent, and convincing evidence that the disability was1
incurred while the member was an active contributing member in active state service.2
B.(1) Subject to the appropriation of funds for this purpose, a member of the3
Louisiana State Employees' Retirement System who is first employed as a4
correction officer, probation or parole officer, or security officer of the Department5
of Public Safety and Corrections on or before December 31, 2010, and who, upon6
medical examination and certification as provided in this Subpart, is found to be7
either totally disabled or partially disabled or incapacitated solely as the result of8
injuries sustained in the official performance of official duties of a hazardous nature,9
shall be entitled to disability benefits under the provisions of R.S. 11:461(B)10
regardless of the number of years of service, provided the member has been a11
correction officer, probation or parole officer, or a security officer of the Department12
of Public Safety and Corrections. 13
(2) Any member who is first employed as a correction officer, probation or14
parole officer, or security officer of the Department of Public Safety and Corrections15
on or after January 1, 2011, and who, upon medical examination and certification as16
provided in this Subpart, is found to be totally and permanently disabled solely as the17
result of injuries sustained in the official performance of official duties of a18
hazardous nature, or totally disabled other than in the performance of his duties, shall19
be entitled to disability benefits under the provisions of R.S. 11:617.20
C. If the application for disability or survivors' benefits is not filed while the21
member is in state service, it shall be presumed that the disability was not incurred22
while the member was an active contributing member in active service. Such23
presumption may be overcome only by clear, competent, and convincing evidence24
that the disability was incurred while the member was an active contributing member25
in active service.26
* * *27 HLS 10RS-260 REENGROSSED
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§214. Employees of the Enforcement Division enforcement division in the1
Department of Wildlife and Fisheries 2
(A)(1) A member of the Louisiana State Employees' Retirement System who3
is an employee of first employed by the enforcement division in the Department of4
Wildlife and Fisheries on or before December 31, 2010, and who upon medical5
examination and certification as provided for elsewhere in this Subpart, is found to6
be either totally disabled solely as the result of injuries sustained in the official7
performance of his official duties, or partially disabled or incapacitated for any8
reason, provided the member has been an employee of the enforcement division for9
at least ten years, and provided that the disability was incurred while the member10
was an active contributing member in active service, shall be entitled to disability11
benefits under the provisions of R.S. 11:583(B). 12
(2) A member who is first employed by the enforcement division in the13
Department of Wildlife and Fisheries on or after January 1, 2011, who becomes14
disabled and who files for disability benefits while in service, and who upon medical15
examination and certification as provided for elsewhere in this Subpart is found to16
be totally and permanently disabled solely as the result of injuries sustained in the17
performance of his official duties, or totally disabled for any cause, provided the18
member has at least ten years of creditable service, shall be entitled to disability19
benefits under the provisions of R.S. 11:617.20
B. However, if If the application for disability benefits is not filed while the21
member is in state service, it shall be presumed that the disability was not incurred22
while the member was an active contributing member in active service. Such23
presumption may be overcome only by clear, competent, and convincing evidence24
that the disability was incurred while the member was an active contributing member25
in active service.26
* * *27 HLS 10RS-260 REENGROSSED
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§231. Average compensation1
A. Notwithstanding any other provisions of law to the contrary, the2
provisions of this Section shall be applicable, unless specifically exempted in3
Subsection C below of this Section, to all members of the following public4
retirement systems:5
(1) Louisiana State Employees' Retirement System.6
(2) State Police Pension and Retirement System.7
(4) (1) Assessors' Retirement Fund.8
(5) (2) Clerks' of Court Retirement and Relief Fund.9
(6) (3) District Attorneys' Retirement System.10
(7) (4) Municipal Employees' Retirement System of Louisiana.11
(9) (5) Registrars of Voters Employees' Retirement System.12
(10) (6) Sheriffs' Pension and Relief Fund.13
(11) (7) Municipal Police Employees' Retirement System.14
B. For purposes of retirement benefit computation, average compensation,15
or its equivalent, shall be based on the thirty-six highest successive months of16
employment, or on the highest thirty-six successive joined months of employment17
where interruption of service occurred. The earnings to be considered for the18
thirteenth through the twenty-fourth month shall not exceed one hundred and19
twenty-five percent of the earnings of the first through the twelfth month. The20
earnings to be considered for the final twelve months shall not exceed one hundred21
and twenty-five percent of the earnings of the thirteenth through the twenty-fourth22
month. Nothing herein in this Subsection, however, shall change the method of23
determining the amount of earned compensation received.24
C.(1) This Section shall not apply to members of the State Police Pension25
and Retirement System who become members on or before September 8, 1978, but26
it shall apply to all persons who become members of the State Police Pension and27
Retirement System on or after September 9, 1978.28 HLS 10RS-260 REENGROSSED
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(2) This Section shall not apply to members of the Louisiana State1
Employees' Retirement System whose first employment making them eligible for2
system membership began on or after July 1, 2006, or to any person who receives an3
additional benefit pursuant to R.S. 11:557, 582, or 602 or R.S. 24:36.4
(3) This Section shall not apply to members of the following retirement5
systems whose first employment making them eligible for system membership began6
on or after July 1, 2006:7
(a) Clerks' of Court Retirement and Relief Fund.8
(b) Municipal Employees' Retirement System.9
(c) Registrars of Voters Employees' Retirement System.10
(d) Sheriffs' Pension and Relief Fund.11
(4) (2) This Section shall not apply to members of the Parochial Employees'12
Retirement System whose first employment making them eligible for system13
membership began on or after January 1, 2007.14
(5) (3) This Section shall not apply to members of the Assessors' Retirement15
Fund whose first employment making them eligible for system membership began16
on or after October 1, 2006.17
(6) This Section shall not apply to members of the Louisiana School18
Employees' Retirement System whose first employment making them eligible for19
system membership began on or after July 1, 2006.20
* * *21
§403. Definitions22
The following words and phrases used in this Chapter shall have the23
following meanings, unless a different meaning is clearly required by the context:24
* * *25
(5)(a)(i) "Average compensation", for a member whose first employment26
making him eligible for membership in the system began on or before June 30, 2006,27
and for any person who receives an additional benefit pursuant to R.S.28
11:444(A)(2)(b) or (c), 557, 582, or 602 or R.S. 24:36 whose first employment29 HLS 10RS-260 REENGROSSED
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making him eligible for receiving such additional benefit began on or before1
December 31, 2010, means the average annual earned compensation of a state2
employee for the thirty-six highest months of successive employment, or for the3
highest thirty-six successive joined months of employment where interruption of4
service occurred; however, average compensation for part-time employees who do5
not use thirty-six months of full-time employment for average compensation6
purposes shall be based on the base pay the part-time employee would have received7
had he been employed on a full-time basis.8
(ii) The earnings to be considered for the thirteenth through the9
twenty-fourth month shall not exceed one hundred and twenty-five percent of the10
earnings of the first through the twelfth month. The earnings to be considered for the11
final twelve months shall not exceed one hundred and twenty-five percent of the12
earnings of the thirteenth through the twenty-f ourth month. Nothing in this13
Subparagraph, however, shall change the method of determining the amount of14
earned compensation received.15
(b)(i) "Average compensation", for a member whose first employment16
making him eligible for membership in the system began on or after July 1, 2006,17
and subject to the limitations provided in this Subparagraph, means the average18
annual earned compensation of a state employee for the sixty highest months of19
successive employment or for the highest sixty successive joined months of20
employment where interruption of service occurred; however, average compensation21
for part-time employees who do not use sixty months of full-time employment for22
average compensation purposes shall be based on the base pay the part-time23
employee would have received had he been employed on a full-time basis. This Item24
shall also be applicable to any judge, court officer, governor, lieutenant governor,25
clerk or sergeant-at-arms of the House of Representatives, secretary or sergeant-at-26
arms of the Senate, or state treasurer whose first employment making him eligible27
for membership began on or after January 1, 2011.28 HLS 10RS-260 REENGROSSED
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(ii) The earnings to be considered for persons to whom Item (i) of this1
Subparagraph applies for the thirteenth through the twenty-fourth month shall not2
exceed one hundred fifteen percent of the earnings of the first through the twelfth3
month. The earnings to be considered for the twenty-fifth through the thirty-sixth4
month shall not exceed one hundred fifteen percent of the earnings of the thirteenth5
through the twenty-fourth month. The earnings to be considered for the thirty-6
seventh through the forty-eighth month shall not exceed one hundred fifteen percent7
of the earnings of the twenty-fifth through the thirty-sixth month. The earnings for8
the final twelve months shall not exceed one hundred fifteen percent of the earnings9
of the thirty-seventh through the forty-eighth month. The limitations on the10
computation of average compensation contained in this Item shall not apply to any11
twelve-month period during which compensation increased by more than fifteen12
percent over the previous twelve-month period solely because of an increase in13
compensation by a uniform systemwide increase adopted by the state Department of14
Civil Service and approved by the governor or because of a pay adjustment enacted15
by the legislature. This Item shall also be applicable to any judge, court officer,16
member of the Louisiana Legislature, governor, lieutenant governor, clerk or17
sergeant-at-arms of the House of Representatives, secretary or sergeant-at-arms of18
the Senate, or state treasurer whose first employment making him eligible for19
membership began on or after January 1, 2011.20
(iii) The provisions of this Subparagraph shall not apply to any person who21
receives an additional benefit pursuant to R.S. 11:444(A)(2)(b) or (c), 557, 582, or22
602 or R.S. 24:36 whose first employment making him eligible for receiving such23
additional benefit began on or after January 1, 2011.24
* * *25
§441. Eligibility for retirement26
A.(1) Any member hired on or before June 30, 2006, or and any member27
who receives a benefit calculated pursuant to R.S. 11:444(A)(2)(b) and was hired on28
or before December 31, 2010, shall be eligible for retirement if he has:29 HLS 10RS-260 REENGROSSED
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(a) Thirty years or more of service, at any age.1
(b) Twenty-five years or more of service, at age fifty-five or thereafter.2
(c) Ten years or more of service, at age sixty or thereafter.3
(d) Twenty years of service credit at any age, exclusive of military service4
and unused annual and sick leave, but any person retiring under this Subparagraph5
shall have his benefit, inclusive of military service credit and allowable unused6
annual and sick leave, actuarially reduced from the earliest age that he would7
normally become eligible for a regular retirement benefit under Subparagraph (a),8
(b), or (c) of this Paragraph if he had continued in service to that age. Any employee9
who elects to retire under the provisions of this Subparagraph shall not be eligible10
to participate in the Deferred Retirement Option Plan provided by R.S. 11:447 or the11
Initial Benefit Option provided by R.S. 11:446(A)(5).12
(2)(a) Any member hired on or after July 1, 2006, shall be eligible for13
retirement if he has ten years or more of service, at age sixty or thereafter.14
(b) Except for members of the Hazardous Duty Services Plan, as defined in15
R.S. 11:612, any member whose first employment making him eligible for16
membership began on or after January 1, 2011, including any judge, court officer,17
governor, lieutenant governor, clerk or sergeant-at-arms of the House of18
Representatives, secretary or sergeant-at-arms of the Senate, or state treasurer, shall19
be eligible for retirement if he has:20
(i) Five years or more of service, at age sixty or thereafter.21
(ii) Twenty years of service credit at any age, exclusive of military service22
and unused annual and sick leave, but any person retiring under this Item shall have23
his benefit, inclusive of military service credit and allowable unused annual and sick24
leave, actuarially reduced from the earliest age that he would normally become25
eligible for a regular retirement benefit under Item (i) of this Subparagraph if he had26
continued in service to that age. Any employee who elects to retire under the27
provisions of this Item shall not be eligible to participate in the Deferred Retirement28 HLS 10RS-260 REENGROSSED
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Option Plan provided by R.S. 11:447 or the Initial Benefit Option provided by R.S.1
11:446.2
(3) Any full-time law enforcement personnel, supervisor, or administrator3
who is employed with the Department of Revenue, office of alcohol and tobacco4
control, on June 30, 2007, or thereafter, but on or before December 31, 2010, who5
is P.O.S.T.-certified, who has the power to arrest, and who holds a commission from6
such office shall be eligible to retire if he has:7
(a) Twenty-five years or more of service, at any age.8
(b) Ten years or more of service, at age sixty 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 Subparagraph11
shall have his benefit, inclusive of military service credit and allowable unused12
annual and sick leave, actuarially reduced from the earliest age that he would13
normally become eligible for a regular retirement benefit under Subparagraph (a) or14
(b) of this Paragraph if he had continued in service to that age. Any employee who15
elects to retire under the provisions of this Subparagraph shall not be eligible to16
participate in the Deferred Retirement Option Plan provided by R.S. 11:447 or the17
Initial Benefit Option provided by R.S. 11:446(A)(5).18
* * *19
F. Notwithstanding the provisions of Subsection A of this Section or any20
other provision of law to the contrary, employees of persons who are first employed21
by the bridge police section of the Crescent City Connection Division of the22
Department of Transportation and Development on or before December 31, 2010,23
who are members of the system shall be eligible for retirement at any age upon24
attaining twenty-five or more years of service credit, at least ten of which were25
served immediately prior to application for retirement in a position with the bridge26
police section of the Crescent City Connection Division of the Department of27
Transportation and Development. 28
* * *29 HLS 10RS-260 REENGROSSED
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§444. Computation of retirement benefit1
A.(1)(a) A member who retires effective on or after July 1, 1973, shall2
receive a maximum retirement allowance equal to two and one-half percent of3
average compensation, as determined under R.S. 11:231, for every year of creditable4
service, plus three hundred dollars.5
(b) The additional sum of three hundred dollars referenced in Subparagraph6
(a) of this Paragraph shall only apply to a person who became a member prior to July7
1, 1986.8
(2)(a) Public safety service employees as those employees are referred to as9
"member" or "members" in R.S. 11:601(B) whose first employment making them10
eligible for membership began on or before December 31, 2010, shall receive a11
retirement allowance computed in accordance with R.S. 11:602.12
(b) Peace officers, as defined by R.S. 40:2402 (1)(3)(a), employed by the13
Department of Public Safety and Corrections, office of state police, other than state14
troopers, whose first employment making them eligible for membership began on15
or before December 31, 2010, shall receive a maximum retirement allowance in16
accordance with the following:17
(i)(aa) Any person employed as a peace officer on or before June 30, 2006,18
shall receive a benefit equal to three and one-third percent of average compensation,19
as determined under R.S. 11:231, for every year of creditable service in the20
retirement system whether or not such service was rendered as a peace officer, not21
to exceed one hundred percent of the member's average compensation.22
(bb) Any person employed as a peace officer on or before June 30, 2006,23
who was participating in the Deferred Retirement Option Plan on June 30, 2007, or24
who had continued in employment as of such date after completion of plan25
participation shall have his base benefit recalculated to reflect the increase in benefits26
provided pursuant to Subitem (aa) of this Item. The balance in his plan account and27
any subsequent contributions to such account shall be increased to reflect such28
benefit increase.29 HLS 10RS-260 REENGROSSED
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(ii) Any person first employed as a peace officer after June 30, 2006, but1
before December 31, 2010, shall receive a benefit equal to three and one-third2
percent of average compensation, as determined under R.S. 11:231, for every year3
of creditable service as a peace officer, not to exceed one hundred percent of the4
member's average compensation.5
(iii) Any peace officer to whom this Subparagraph applies who continues in6
employment after participation in the Deferred Retirement Option Plan shall receive7
a supplemental benefit pursuant to R.S. 11:450(D) for such continued employment8
calculated using the accrual rate of three and one-third percent.9
(c)(i) Full-time law enforcement personnel, supervisors, and administrators10
who are employed with the Department of Revenue, office of alcohol and tobacco11
control, on June 30, 2007, who are P.O.S.T.-certified, who have the power to arrest,12
and who hold a commission from such office shall receive a maximum retirement13
allowance equal to three and one-third percent of average compensation, as14
determined pursuant to R.S. 11:231, for:15
(aa) Every year of creditable service in the retirement system earned on or16
before June 30, 2007, as a peace officer as defined in R.S. 40:2402(1)(3)(a) in17
compliance with the certification requirements applicable when such credit was18
earned, whether or not such service was rendered as such a commissioned alcohol19
and tobacco control officer, and20
(bb) Every year of creditable service earned thereafter as such a21
commissioned alcohol and tobacco control officer.22
(ii) Full-time law enforcement personnel, supervisors, and administrators23
who become employed by the Department of Revenue, office of alcohol and tobacco24
control, on or after July 1, 2007, but before December 31, 2010, who are P.O.S.T.-25
certified, who have the power to arrest, and who hold a commission from such office26
shall receive a maximum retirement allowance equal to three and one-third percent27
of average compensation, as determined pursuant to R.S. 11:231, for every year of28 HLS 10RS-260 REENGROSSED
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creditable service in the retirement system earned as such a commissioned alcohol1
and tobacco control officer.2
(3) In computing retirement allowances, any fractional period of service shall3
be taken into account and a proportionate amount of such retirement allowance,4
annuity, or benefit shall be granted. The retirement benefits provided pursuant to the5
provisions of this Chapter shall not exceed one hundred percent of the member's6
average compensation.7
* * *8
§461. Eligibility; certification9
* * *10
B. The board of trustees shall award disability benefits to eligible members11
who have been officially certified as disabled by the State Medical Disability Board.12
The disability benefit shall be determined as follows:13
(1) Except as otherwise provided in this Section, a member shall receive a14
maximum disability retirement benefit which shall be equivalent to the regular15
retirement formula without reduction by reason of age.16
(2) Subject to the appropriation of funds for this purpose, a corrections17
officer, probation or parole officer, or a security officer of the Louisiana Department18
of Public Safety and Corrections who becomes disabled solely as a result of19
disabilities sustained in the official performance of official duties of a hazardous20
nature shall receive a maximum disability benefit of sixty percent of average21
compensation. The agency shall certify that the disability was sustained while the22
member was performing official duties while on active status and the disability must23
be certified by a physician on the State Medical Disability Board. Any such officer24
whose first employment as a corrections officer, probation or parole officer, or a25
security officer of the Louisiana Department of Public Safety and Corrections began26
on or after January 1, 2011, shall be subject to provisions of R.S. 11:617.27
(3)(a) For any person whose employment first making him eligible for28
membership in the system occurred on or before June 30, 2006, or who has attained29 HLS 10RS-260 REENGROSSED
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the age of sixty regardless of hire date, or anyone who receives an additional benefit1
pursuant to R.S. 11:444(A)(2)(b) or (c) or 557 or R.S. 24:36 whose first employment2
making him eligible for such additional benefit began on or before December 31,3
2010, the disability retiree may retire under any of the regular retirement plans which4
applies to him.5
(b) Any person who has not attained the age of sixty and whose employment6
first making him eligible for membership in the system occurred on or after July 1,7
2006, shall receive a disability benefit equal to two and one-half percent of average8
compensation for every year of creditable service. When the disability retiree attains9
the age of sixty, he shall receive his regular retirement benefit upon making10
application therefor to the board. The provisions of this Subparagraph shall not11
apply to any person who receives an additional benefit pursuant to R.S.12
11:444(A)(2)(b) or (c) or 557 or R.S. 24:36 whose first employment making him13
eligible for such additional benefit began on or before December 31, 2010.14
(4) Selection of retirement option need not shall be made when application15
is filed. Selection may be made after the applicant receives his disability retirement16
estimate. Upon the death of a disability retiree, his benefit shall be payable in17
accordance with the option selected at the time of application for disability18
retirement. Accumulated annual leave for which payment cannot be made upon19
retirement and unused sick leave accumulated upon retirement shall be credited to20
the extension of service in the computation of disability retirement benefits.21
* * *22
§471. Survivors' benefits; members hired on or before December 31, 201023
A. Surviving minor children. Benefits for the surviving children of members24
whose first employment making them eligible for membership in the system25
occurred on or before December 31, 2010, shall be calculated as set forth in this26
Section. The benefit or benefits shall be based on the average compensation of the27
member. A benefit shall be payable to surviving unmarried minor children of a28
member who had at least five years of creditable service, at least two years of which29 HLS 10RS-260 REENGROSSED
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was earned immediately prior to death, and was in state service at the time of death1
or had twenty years or more of service credit regardless of when earned and whether2
the deceased member was in the state service at the time of death.3
* * *4
§471.1. Survivors' benefits; members hired on or after January 1, 20115
A. Survivors benefits shall be due and payable by the system effective the6
first day of the next month following the death of a member whose first employment7
making him eligible for membership in the system occurred on or after January 1,8
2011, but shall not be paid until a properly completed and acceptable application is9
received by the system and all proper certifications have been received by the10
system.11
B.(1) A surviving spouse with a minor or handicapped child, or mentally12
disabled child, or children shall be paid per month, for so long as one or more13
children remain eligible for benefits under Subsection C of this Section, fifty percent14
of the benefit to which the member would have been entitled if he had retired on the15
date of his death using the member's applicable accrual rate regardless of years of16
service or age, or six hundred dollars per month, whichever is greater, provided the17
deceased member was an active member at the time of death and had five or more18
years of service credit, at least two years of which were earned immediately prior to19
death or provided the deceased member had twenty or more years of service credit20
regardless of when earned or whether the deceased member was in active service at21
the time of death.22
(2)(a) Benefits shall cease upon remarriage, and the surviving spouse shall23
be liable to the system for repayment of any survivor benefits received subsequent24
to his remarriage. The surviving spouse shall notify the system in writing within25
thirty days of his remarriage. Failure to provide such notice shall constitute fraud for26
purposes of R.S. 11:543.27
(b) Benefits shall resume upon a subsequent divorce or death of a new28
spouse.29 HLS 10RS-260 REENGROSSED
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(c) Notwithstanding the provisions Subparagraph (a) of this Paragraph, if the1
member was eligible to retire on the date of his death, benefits shall not cease upon2
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
Option 2-A equivalent of the benefit amount based on years of service that the20
member had earned to the date of his death using the applicable accrual rate; or six21
hundred dollars per month, whichever is greater, provided the surviving spouse had22
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 REENGROSSED
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(2)(a) Benefits shall cease upon remarriage, and the surviving spouse shall1
be liable to the system for repayment of any survivor benefits received subsequent2
to his remarriage. The surviving spouse shall notify the system in writing within3
thirty days of his remarriage. Failure to provide such notice shall constitute fraud for4
purposes of R.S. 11:543.5
(b) Benefits shall resume upon a subsequent divorce or death of a new6
spouse.7
(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,8
if the member was eligible to retire on the date of his death, benefits shall not cease9
upon remarriage.10
E. The accumulated contributions of a deceased member shall be paid in a11
lump sum refund to the natural person or persons that he designated as his12
beneficiary, or to his succession if there is no designated beneficiary, but only if no13
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment14
of accumulated contributions shall be made only upon receipt of the deceased15
member's death certificate. Said payment to the named beneficiary or the estate16
cancels all liability of the system to the deceased member, his named beneficiary, or17
his estate.18
F. In the event of death of a member leaving a surviving spouse and19
dependent children, the total of the benefits payable under Subsections B and C of20
this Section shall not be less each month than what would have been payable under21
Subsection D of this Section for as long as both spouse and children are eligible to22
receive benefits under Subsection B and C of this Section.23
G. If a member dies, even after retirement, eligible minor children shall24
receive the benefits under Subsection C of this Section.25
H. The benefits payable under Subsection C of this Section shall be paid to26
the person having legal custody of the property of the child, except in those cases27
when a trust created under law has been created by the deceased member for the28
benefit of the child, the terms of the instrument creating the trust so provide and the29 HLS 10RS-260 REENGROSSED
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system has been provided with a certified copy of the trust document, then the1
survivor benefit shall be paid to the trust for addition to the trust property. In the2
event that the trust is contested by any party, the system shall withhold all benefit3
payments or deposit them in the registry of the court if a concursus proceeding is4
filed, until there is a final binding legal agreement or judgment regarding the proper5
payment of benefits. If the trust terminates under the terms of the trust prior to the6
death of the child, then benefits shall be payable as otherwise provided under this7
Subsection. The trustee of the trust shall immediately notify the system in writing8
of the death of the child.9
* * *10
§478. Benefits payable to certain members killed in the line of duty; survivor11
benefits; corrections officers hired on or before December 31, 201012
A. Notwithstanding any other provision of law to the contrary, if a13
correctional officer, probation or parole officer, or a security officer of the Louisiana14
Department of Public Safety and Corrections, whose first employment in such15
position occurred on or before December 31, 2010, is killed in the line of duty while16
serving in his official capacity, survivor benefits shall be payable to qualified17
survivors as provided for in accordance with this Section, except that a surviving18
spouse shall be eligible for benefits under this Section, without regard to the amount19
of time that the surviving spouse was married to the deceased officer and without20
regard to the amount of time that the deceased officer was a member of this system.21
This benefit is payable only if the member dies as a direct result of injuries sustained22
in the official performance of his official duties while on active duty status.23
* * *24
§551. Eligibility for membership 25
A. Notwithstanding anything in R.S. 11:413 to the contrary, except for R.S.26
11:413(7) which is specifically applicable, the judges and court officers set forth in27
R.S. 11:553 who take office on and after July 1, 1983, shall become members of the28
Louisiana State Employees' Retirement System and be eligible to obtain credit in and29 HLS 10RS-260 REENGROSSED
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transfer credit to the system, as set forth herein. Judges and court officers in office1
prior to July 1, 1983, shall continue to be governed by the law applicable to them2
prior to July 1, 1983. 3
B. Beginning January 1, 2011, the provisions of this Subpart shall not be4
applicable to judges or court officers to whom R.S. 11:553 would otherwise apply5
but whose first employment making them eligible for system membership began on6
or after such date. Such persons shall continue to be members of the Louisiana State7
Employees' Retirement System but shall be subject to the provisions of this Chapter8
otherwise applicable to system members.9
* * *10
§553. Eligible judges and court officers 11
This Subpart shall apply to all present and future judges and court officers12
hereinafter enumerated in this Section whose first employment making them eligible13
for system membership began on or before December 31, 2010: 14
* * *15
§581. Application; definitions16
A. Any other provisions of Chapter 1 of Subtitle II of Title 11 or any other17
laws to the contrary notwithstanding, the retirement of wildlife agents employed by18
the enforcement division of the Louisiana Wildlife and Fisheries Commission on or19
before December 31, 2010, who are members of Louisiana State Employees'20
Retirement System, and all benefits accruing from such membership, shall be21
governed by the provisions of this Subpart; provided that with respect to matters not22
specifically covered by the provisions of this Subpart, reference shall be made to23
applicable provisions of Chapter 1 of Subtitle II of Title 11. Beginning January 1,24
2011, the provisions of this Subpart shall not be applicable to wildlife agents whose25
first employment making them eligible for system membership began on or after26
such date.27 HLS 10RS-260 REENGROSSED
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B. For purposes of this Subpart:1
(1) The words "member", "members", "employee", or "employees" shall2
mean wildlife agents of the enforcement division of the Louisiana Department of3
Wildlife and Fisheries, whose first employment making them eligible for system4
membership began on or before December 31, 2010, who are members of the5
Louisiana State Employees' Retirement System and shall not include any other6
members of said retirement system or members of any other retirement system to7
which the state makes contribution or otherwise.8
(2) The term "board of trustees" shall mean and refer to the board of trustees9
of the Louisiana State Employees' Retirement System created and provided for by10
Chapter 1 of Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950.11
* * *12
§601. Application; definitions13
* * *14
B. For purposes of the secondary component, the words "member" or15
"members" shall mean wardens, correctional officers, probation and parole officers,16
and security personnel who are employed by the Department of Public Safety and17
Corrections on or before December 31, 2010, and who are or who upon enrollment18
as an employee would be members of the primary component, but shall not include19
any other members of the primary component or members of any other retirement20
system to which the state makes contributions. Beginning January 1, 2011, the21
provisions of this Subpart shall not be applicable to wardens, correctional officers,22
probation and parole officers, and security personnel who are employed by the23
Department of Public Safety and Corrections on or after such date.24
§602. Eligibility for retirement25
A. A member shall be eligible for retirement if he has attained at least26
twenty-five years of service credit, regardless of age. A member shall be eligible for27
retirement if he has:28
(1) Attained at least twenty-five years of service, regardless of age.29 HLS 10RS-260 REENGROSSED
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(2) Attained at least ten years of service, at age sixty or thereafter.1
B. A member shall be eligible for retirement if he has attained at least ten2
years of service at age sixty or thereafter.3
C. A member shall receive a maximum retirement allowance equal to three4
and one-third percent of average compensation for every year of creditable service,5
not to exceed one hundred percent of the member's average compensation. 6
* * *7
SUBPART D. HAZARDOUS DUTY SERVI CES PLAN8
§611. Creation of Hazardous Duty Services Plan9
A.(1) The legislature recognizes that certain state service requires employees10
to carry weapons and routinely be put in harm's way. These hazardous duty services11
employees, because of the dangerous and unpredictable nature of their12
responsibilities, should be entitled to unique retirement benefits.13
(2) The legislature further recognizes that current law provides myriad14
hazardous duty services plans, but that a single plan applied consistently and15
comprehensively to all hazardous duty services positions is preferred.16
(3) The legislature further recognizes the need for an adequate funding17
source for all retirement benefits as required by Article X, Section 29 of the18
Constitution of Louisiana. The Hazardous Duty Services Plan is therefore created19
for persons whose first employment making them eligible for system membership20
occurs on or after January 1, 2011, in hazardous duty positions, as defined in this21
Subpart.22
(4) Funding for this plan shall be actuarially sound with employee and23
employer contribution rates calculated and established at levels necessary to fund all24
benefits provided.25
(5) Members of existing hazardous duty plans may retain membership in26
those plans.27
B. Any other provisions of this Chapter or any other laws to the contrary28
notwithstanding, the retirement of hazardous duty services employees shall be29 HLS 10RS-260 REENGROSSED
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governed by the provisions of this Subpart; however, if provisions of this Chapter1
cover matters not specifically addressed by the provisions of this Subpart or if any2
of the provisions of this Chapter are made applicable in this Subpart, then those3
provisions shall apply to members governed by this Subpart.4
§612. Application; definitions5
Terms not specifically defined in this Section shall have the meanings6
provided in R.S. 11:403 unless a different meaning is clearly required by the context.7
For purposes of this Subpart:8
(1) "Average compensation" means the average annual earned compensation9
of a member for the sixty highest months of successive employment, or for the10
highest sixty successive joined months of employment where interruption of service11
occurred; however, average compensation for part-time employees who do not use12
sixty months of full-time employment for average compensation purposes shall be13
based on the base pay the part-time employee would have received had he been14
employed on a full-time basis. The earnings to be considered for the thirteenth15
through the twenty-fourth month shall not exceed one hundred fifteen percent of the16
earnings of the first through the twelfth month. The earnings to be considered for the17
twenty-fifth through the thirty-sixth month shall not exceed one hundred fifteen18
percent of the earnings of the thirteenth through the twenty-fourth month. The19
earnings to be considered for the thirty-seventh through the forty-eighth month shall20
not exceed one hundred fifteen percent of the earnings of the twenty-fifth through21
the thirty-sixth month. The earnings for the final twelve months shall not exceed one22
hundred fifteen percent of the earnings of the thirty-seventh through the forty-eighth23
month. The limitations on the computation of average compensation contained in24
this Paragraph shall not apply to any twelve-month period during which25
compensation increased by more than fifteen percent over the previous twelve-month26
period solely because of an increase in compensation by a uniform systemwide27
increase adopted by the state Department of Civil Service and approved by the28
governor or because of a pay adjustment enacted by the legislature.29 HLS 10RS-260 REENGROSSED
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(2) "Member" or "members" shall include the following persons whose first1
employment making them eligible for system membership occurs on or after January2
1, 2011:3
(a) Wildlife agents of the enforcement division of the Department of4
Wildlife and Fisheries.5
(b) Wardens, correctional officers, security personnel, and probation and6
parole officers employed by the Department of Public Safety and Corrections.7
(c) Employees of the bridge police section of the Crescent City Connection8
Division of the Department of Transportation and Development.9
(d) Full-time law enforcement personnel, supervisors, and administrators10
who are employed with the Department of Revenue, office of alcohol and tobacco11
control, who are P.O.S.T.-certified, who have the power to arrest, and who hold a12
commission from such office.13
(e) Peace officers, as defined by R.S. 40:2402(3)(a), employed by the14
Department of Public Safety and Corrections, office of state police, other than state15
troopers.16
(f) Arson investigators employed by the office of state fire marshal who are17
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from18
such office.19
(g) Park rangers employed by the Department of Culture, Recreation and20
Tourism, office of state parks, who are P.O.S.T.-certified, who have the power to21
arrest, and who hold a commission from such office.22
(h) Campus police officers employed by the various colleges and23
universities, who are P.O.S.T.-certified, who have the power to arrest, and who hold24
a commission from such office.25
(i) Hospital security officers employed by Louisiana State University Health26
Sciences Center, who are P.O.S.T.-certified, who have the power to arrest, and who27
hold a commission from such office.28 HLS 10RS-260 REENGROSSED
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(j) Investigators of the Department of Justice who are in a position required1
to be P.O.S.T.-certified.2
(k) All personnel employed in a position required to be P.O.S.T.-certified,3
who have the power to arrest, and who hold a commission from such office, who are4
otherwise members of the Louisiana State Employees' Retirement System, and are5
not members of any other retirement system.6
(3) "Plan" means the Hazardous Duty Services Plan created by this Subpart7
for certain hazardous duty services employees within the Louisiana State Employees'8
Retirement System.9
(4) "Qualified Survivors" means a surviving spouse, a minor child as defined10
in R.S. 11:403, and a handicapped or mentally incapacitated child.11
(5) "System" means the Louisiana State Employees' Retirement System.12
§613. Eligibility for membership13
Each person who becomes an employee in state service in one of the14
positions enumerated in R.S. 11:612(2) shall become a member of the Hazardous15
Duty Services Plan of the system as a condition of employment.16
§614. Eligibility for retirement17
A. Any member shall be eligible for retirement if he has:18
(1) Twenty-five years or more of service, at any age.19
(2) Twelve years or more of service, at age fifty-five or thereafter.20
(3) Twenty years of service credit at any age, exclusive of military service21
and unused annual and sick leave, but any person retiring under this Paragraph shall22
have his benefit, inclusive of military service credit and allowable unused annual and23
sick leave, actuarially reduced. Any member retiring under this Paragraph who is24
in state service at the time of his retirement shall have his benefit actuarially reduced25
from the earliest age that he would normally become eligible for a regular retirement26
benefit under Paragraph (1) or (2) of this Subsection if he had continued in service27
to that age. Any member retiring under this Paragraph who is out of state service at28
the time of his retirement shall have his benefit actuarially reduced from the earliest29 HLS 10RS-260 REENGROSSED
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age that he would normally become eligible for a regular retirement benefit under1
Paragraph (1) or (2) of this Subsection based upon his years of service as of the date2
of retirement. Any employee who elects to retire under the provisions of this3
Paragraph shall not be eligible to participate in the Deferred Retirement Option Plan4
provided by R.S. 11:447 or the Initial Benefit Option provided by R.S. 11:446(A)(5).5
B. Notwithstanding Subsection A of this Section, to be eligible to retire6
under this plan, the member's last ten years of system eligible service shall have been7
in one of the hazardous duty positions defined in R.S. 11:612(2). With less than ten8
years hazardous duty service, he shall be eligible to retire at two and one-half percent9
of his average compensation for the actual number of years of service credit provided10
he has sufficient system service as required in Subsection A of this Section.11
§615. Retirement benefit12
A. A member shall receive a retirement benefit, except as provided in R.S.13
11:614(B), equal to three and one-third percent of average compensation for every14
year of creditable service in the Hazardous Duty Services Plan, not to exceed one15
hundred percent of the member's average compensation.16
B. Retirement benefits for members who had service in nonhazardous duty17
or service under existing plans prior to entering the Hazardous Duty Services Plan18
shall upon retirement eligibility receive a retirement benefit for that prior service19
based on the applicable accrual rate when earned.20
C. Upon application for retirement, members of this plan may choose any21
of the options specified in R.S. 11:446.22
§616. Deferred Retirement Option Plan23
A member, except as specified in R.S. 11:614(A)(3), shall have the option of24
participating in the Deferred Retirement Option Plan in accordance with the25
provisions of R.S. 11:447 through 454.26
§617. Disability retirement27
A. Upon approval of a member's retirement based upon a total and28
permanent disability resulting solely from injuries sustained in the performance of29 HLS 10RS-260 REENGROSSED
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his official duties, a member shall receive a disability benefit equal to seventy-five1
percent of his average compensation regardless of years of service. This benefit is2
payable only if the injury or injuries were sustained while on active duty status.3
B. If a member's disability occurs for reasons other than in the performance4
of his duties and the member has earned at least ten years of hazardous duty service5
credit, then the member shall be entitled to disability benefits under the provisions6
of R.S. 11:461(B)(1).7
C. The disability retirement procedures contained in R.S. 11:216 through8
225, which are not in conflict with this Section, shall apply to members.9
D. The provisions of R.S. 11:461(B)(4) shall apply to members.10
§618. Survivor's benefit for members killed in the line of duty11
A. If a member's death occurs in the line of duty or is a direct result of an12
injury sustained while in the line of duty, survivor benefits shall be payable to13
qualified survivors as provided for in this Section, except that a survivor shall be14
eligible for benefits under this Section without regard to the amount of time that the15
surviving spouse was married to the deceased member and without regard to the16
amount of time that the deceased was a member of this plan. This benefit is payable17
only if the injury or injuries were sustained while on active duty status.18
B. If the member has a surviving spouse, minor, or handicapped or mentally19
incapacitated child or children, the amount of the total benefit shall equal eighty20
percent of the member's average compensation. The benefit shall be shared equally21
by the surviving spouse and children. When a child who is not handicapped or22
mentally incapacitated no longer meets the definition of minor child under R.S.23
11:403, his benefit shall cease, and the remaining beneficiaries shall have their24
shares adjusted accordingly.25
C. The provisions of R.S. 11:472 through 477, concerning procedures for26
payment of survivor benefits which are not in conflict with this Section, shall apply27
to members.28 HLS 10RS-260 REENGROSSED
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§619. Survivor's benefit for death other than in the line of duty1
A. The surviving spouse or children of any active member whose death2
occurs other than in the performance of his duties shall have the same pension rights3
as provided in R.S. 11:471.1.4
B. The provisions of R.S. 11:472 through 477, concerning procedures for5
payment of survivor benefits which are not in conflict with this Section, shall apply6
to members.7
§701. Definitions8
As used in this Chapter, the following words and phrases have the meaning9
meanings ascribed to them in this Section unless a different meaning is plainly10
required by the context:11
* * *12
(5)(a) "Average compensation" subject to the other provisions of this13
Paragraph, for any teacher whose first employment making him eligible for system14
membership occurred on or before December 31, 2010, means the average earnable15
compensation of a teacher for the three highest successive years of employment, or16
the highest three successive joined years of employment where interruption of17
service occurred. For any teacher whose first employment making him eligible for18
system membership occurred on or after January 1, 2011, average compensation19
means his average earnable compensation for the five highest successive years of20
employment, or the highest five successive joined years where interruption of service21
occurred. The computation of such average compensation shall be in accordance22
with the following guidelines:23
(i) The amount for the first through the twelfth month shall not exceed the24
compensation for the immediately preceding twelve months by more than ten percent25
for a teacher whose first employment making him eligible for system membership26
occurs on or before December 31, 2010, or by more than fifteen percent for a teacher27
hired on or after January 1, 2011.28 HLS 10RS-260 REENGROSSED
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(ii) The amount for the thirteenth through the twenty-fourth month shall not1
exceed the lesser of the maximum allowable compensation amount or the actual2
compensation amount for the first through twelfth month by more than ten percent3
for a teacher whose first employment making him eligible for system membership4
occurs on or before December 31, 2010, or by more than fifteen percent for a teacher5
hired on or after January 1, 2011.6
(iii) The amount for the twenty-fifth through the thirty-sixth month shall not7
exceed the lesser of the maximum allowable compensation amount or the actual8
compensation amount for the thirteenth through twenty-fourth month by more than9
ten percent for a teacher whose first employment making him eligible for system10
membership occurs on or before December 31, 2010, or by more than fifteen percent11
for a teacher whose first employment making him eligible for system membership12
occurs on or after January 1, 2011.13
(iv) The amount for the thirty-seventh through the forty-eighth month shall14
not exceed the lesser of the maximum allowable compensation amount or the actual15
compensation amount for the twenty-fifth through the thirty-sixth month by more16
than fifteen percent.17
(v) The amount for the final twelve months shall not exceed the lesser of the18
maximum allowable compensation amount or the actual compensation amount for19
the thirty-seventh through the forty-eighth month by more than fifteen percent.20
(b) The thirty-six or sixty months used for average compensation, as the case21
may be, cannot cover a period when the member receives more than three years or22
five years of service credit respectively.23
(c)(i) The limitations on the computation of average compensation in this24
Paragraph shall not apply to any of the twelve-month periods where compensation25
increased by more than ten percent the amount allowable in Subparagraph (a) of this26
Paragraph over the previous twelve-month period solely because of an increase in27 HLS 10RS-260 REENGROSSED
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compensation by legislative act, by city/parish systemwide salary increase, or by a1
systemwide increase at a college or university.2
* * *3
§761. Retirement benefits; application; eligibility requirements; effective date;4
cancellation; errors and omissions5
A.6
* * *7
(3) Any person whose first employment making him eligible for system8
membership occurs on or after January 1, 2011, may retire upon written application9
to the board of trustees, if at the time of application the member:10
(a) Has attained the age of sixty years and has credit for five years of11
accredited service.12
(b) Has twenty years of service credit at any age, exclusive of military13
service and unused annual and sick leave, but any person retiring under this14
Subparagraph shall have his benefit, inclusive of military service credit and15
allowable unused annual and sick leave, actuarially reduced from the earliest age that16
he would normally become eligible for a regular retirement benefit under17
Subparagraph (a) of this Paragraph if he had continued in service to that age. Any18
member who elects to retire under the provisions of this Subparagraph shall not be19
eligible to participate in the Deferred Retirement Option Plan provided by R.S.20
11:786 or the Initial Lump-Sum Benefit option provided by R.S. 11:783.21
(4)(a) A properly executed application for retirement shall be considered as22
officially filed when received by the board of trustees of this system. Retirement23
benefits shall become effective as of the date a properly executed application for24
retirement is received by the board of trustees of this system or the day after the25
member terminates from teaching service, whichever is later.26 HLS 10RS-260 REENGROSSED
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(b) A member may cancel his application for retirement only prior to1
negotiating, cashing, or depositing any benefit check including an estimated benefit2
check.3
* * *4
§768. Retirement allowances5
* * *6
B.7
* * *8
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, any9
person who became a member on or after July 1, 1999, but on or before December10
31, 2010, having twenty years of service credit, exclusive of military service and11
unused annual and sick leave, but who is less than sixty years of age, may retire but12
he shall have his maximum benefit inclusive of military service credit and allowable13
unused annual and sick leave actuarially reduced from the earlier of the following:14
(a) The date he would reach sixty years of age.15
(b) The earliest age that he would first become eligible for a retirement16
benefit as provided in Paragraph (A)(2) of this Section, if he had continued in service17
to that age and without regard to the date he became a member.18
* * *19
§778. Disability retirement20
* * *21
C. Upon the application of a member in service or of his employer, any22
member whose first employment making him eligible for membership in the system23
occurred on or before December 31, 2010, and who has five or more years of24
creditable service may be retired by the board of trustees, not less than thirty nor25
more than ninety days following the date of filing such application, on a disability26
retirement allowance, provided that the medical board, after a medical examination27
of the member, certifies that the member is mentally or physically incapacitated for28
the further performance of the duties currently being performed, that the incapacity29 HLS 10RS-260 REENGROSSED
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is likely to be total and permanent, and that the member should be retired. Any1
member whose first employment making him eligible for membership in the system2
occurred on or after January 1, 2011, shall be eligible for disability benefits if he has3
ten or more years of creditable service. 4
D. Disability retirees whose first employment making them eligible for5
membership in the system occurred on or before December 31, 2010, and who had6
at least fifteen years of service prior to being certified as disabled and who have been7
receiving disability benefits for at least ten years and who have attained at least age8
fifty shall be eligible to convert from disability benefits to regular retirement9
benefits, provided that any such retiree's regular retirement benefits shall be based10
on the number of years actually credited to the member's account, and provided that11
such conversion does not produce a benefit that creates an actuarial cost to the12
system.13
* * *14
§779. Allowance on disability retirement ; members hired on or before December15
31, 201016
A. The provisions of this Section shall apply to members whose first17
employment making them eligible for membership in the system began on or before18
December 31, 2010.19
A. B.(1) Upon retirement for disability, a member shall receive a disability20
retirement allowance equal to two and one-half percent of his average compensation21
multiplied by his years of creditable service, but not more than fifty percent of his22
average compensation. In no event shall such disability retirement allowance be less23
than the lesser of forty percent of the state minimum salary for a beginning teacher24
with a bachelor's degree, or seventy-five percent of his average compensation. Such25
retiree shall not be allowed an optional allowance.26
(2) In addition to the benefit provided by Paragraph (1) of this Subsection,27
if a disability retiree has a minor child, the disability retiree shall be paid an added28
benefit equal to fifty percent of his disability benefit for so long as he has a minor29 HLS 10RS-260 REENGROSSED
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child, provided that the total benefit payable to the disability retiree does not exceed1
seventy-five percent of his average compensation.2
B. C.(1) If a disability retiree dies and leaves a surviving spouse who had3
been married to the deceased disability retiree for at least two years before the death4
of the disability retiree and there are no minor children or there are minor children5
who are the children of both the disability retiree and the surviving spouse, the6
surviving spouse shall receive a survivor's benefit equal to seventy-five percent of7
the benefit being received by the disability retiree at the time of his death, and no8
benefits shall be paid under R.S. 11:762.9
(2) If a disability retiree dies and leaves a surviving spouse who had been10
married to the deceased disability retiree for at least two years before the death of the11
disability retiree and there are surviving minor children of the deceased disability12
retiree who are not the children of the surviving spouse, the surviving spouse shall13
receive a survivor's benefit equal to thirty-seven and one-half percent of the benefit14
being received by the disability retiree at the time of his death. Benefits equal to a15
total of thirty-seven and one-half percent of the benefit being received by the16
disability retiree at the time of his death shall be divided equally among the minor17
children who are not the children of the surviving spouse for the duration of their18
minority, and no benefits shall be paid under R.S. 11:762. When there are no longer19
any minor children of the deceased disability retiree who are not the children of the20
surviving spouse, the spousal benefit shall revert to seventy-five percent of the21
benefit being received by the disability retiree at the time of his death.22
(3) If a disability retiree dies and leaves a surviving spouse who had been23
married to the deceased disability retiree for at least two years before the death of the24
disability retiree and there are minor children of the deceased disability retiree who25
are not the children of the surviving spouse and also minor children of both the26
deceased disability retiree and the surviving spouse, the surviving spouse shall27
receive a survivor's benefit equal to fifty percent of the benefit being received by the28
disability retiree at the time of his death, and the minor children of the deceased29 HLS 10RS-260 REENGROSSED
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disability retiree who are not the children of the surviving spouse shall receive and1
divide equally twenty-five percent of the benefit being received by the disability2
retiree at the time of his death for the duration of their minority, and no benefits shall3
be paid under R.S. 11:762. When there are no longer minor children of the deceased4
disability retiree who are not the children of the surviving spouse, the spousal benefit5
shall revert to seventy-five percent of the benefit being received by the disability6
retiree at the time of his death.7
(4) If a disability retiree dies and does not leave a surviving spouse, or the8
surviving spouse dies after the death of the disability retiree, and there is a minor9
child or children of the disability retiree, the minor child or children shall be entitled10
to a total benefit equal to fifty percent of the benefit being received by the disability11
retiree at the time of his death for so long as there is a minor child, and no benefits12
shall be paid under R.S. 11:762.13
C. D. A disability retiree, upon attainment of the earliest age that he would14
have become eligible for a retirement benefit, if he had continued in service without15
further change in compensation, shall become a regular retiree using only his years16
of creditable service; however, his maximum benefit shall not be less than his17
disability benefit as provided by Paragraph A B(1) of this Section and shall not18
include the benefit provided by Paragraph A B(2) of this Section. The benefit19
provided by Paragraph A B(2) of this Section shall continue, but only be paid to the20
retiree and only for so long as the retiree has a minor child. The years that he is on21
disability retirement shall not be used in the computation of his regular retirement22
benefit. If a member dies after converting from disability retiree to regular retiree23
and leaves a minor child or children, the applicable benefits provided by Paragraph24
A B(2) of this Section shall be paid on behalf of the minor child or children, and no25
benefits shall be paid under R.S. 11:762 and 783(B).26 HLS 10RS-260 REENGROSSED
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§779.1 Allowance on disability retirement; members hired on or after January 1,1
20112
Any member whose first employment making him eligible for membership3
in the system began on or after January 1, 2011, shall receive a maximum disability4
retirement benefit which shall be equivalent to the regular retirement formula5
without reduction by reason of age. Selection of a retirement option shall be made6
when application for disability is filed. If the disability retiree dies, the option7
selected upon disability retirement shall be applied to his disability retirement8
benefit.9
* * *10
§1002. Definitions11
As used in this Chapter, the following words and phrases shall have the12
meaning meanings ascribed to them in this Section unless a different meaning is13
plainly required by the context:14
* * *15
(6)16
* * *17
(b) "Average compensation", for a member whose first employment making18
him eligible for membership in the system began on or after July 1, 2006, but on or19
before December 31, 2010, shall be based on the sixty highest successive months of20
employment, or on the highest sixty successive joined months of employment where21
interruption of service occurred; however, the average compensation amount for the22
thirteenth through the twenty-fourth month shall not exceed the actual compensation23
amount for the first through the twelfth month by more than ten percent. The amount24
for the twenty-fifth through the thirty-sixth month shall not exceed the lesser of the25
maximum allowable compensation amount or the actual compensation amount for26
the thirteenth through the twenty-fourth month by more than ten percent. The27
amount for the thirty-seventh through the forty-eighth month shall not exceed the28
lesser of the maximum allowable compensation amount or the actual compensation29 HLS 10RS-260 REENGROSSED
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amount for the twenty-fifth through the thirty-sixth month by more than ten percent.1
The amount for the forty-ninth through the sixtieth month shall not exceed the lesser2
of the maximum allowable compensation amount or the actual compensation amount3
for the thirty-seventh through the forty-eighth month by more than ten percent. The4
limitations on the computation of average compensation contained in this Paragraph5
shall not apply to any twelve-month period during which compensation increased by6
more than one hundred ten percent over the previous twelve-month period solely7
because of an increase in compensation by legislative act or by a city/parish8
system-wide salary increase.9
(c) "Average compensation", for a member whose first employment making10
him eligible for membership in the system began on or after January 1, 2011, shall11
be based on the sixty highest successive months of employment , or on the highest12
sixty successive joined months of employment where interruption of service13
occurred; however, the average compensation amount for the thirteenth through the14
twenty-fourth month shall not exceed the actual compensation amount for the first15
through the twelfth month by more than fifteen percent. The amount for the16
twenty-fifth through the thirty-sixth month shall not exceed the lesser of the17
maximum allowable compensation amount or the actual compensation amount for18
the thirteenth through the twenty-fourth month by more than fifteen percent. The19
amount for the thirty-seventh through the forty-eighth month shall not exceed the20
lesser of the maximum allowable compensation amount or the actual compensation21
amount for the twenty-fifth through the thirty-sixth month by more than fifteen22
percent. The amount for the forty-ninth through the sixtieth month shall not exceed23
the lesser of the maximum allowable compensation amount or the actual24
compensation amount for the thirty-seventh through the forty-eighth month by more25
than fifteen percent. The limitations on the computation of average compensation26
contained in this Subparagraph shall not apply to any twelve-month period during27
which compensation increased by more than one hundred fifteen percent over the28 HLS 10RS-260 REENGROSSED
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previous twelve-month period solely because of an increase in compensation by1
legislative act or by a city/parish system-wide salary increase.2
* * *3
§1141. Retirement benefits; application; eligibility requirements; effective date;4
cancellation5
A. Any member , whose first employment making him eligible for system6
membership began on or before December 31, 2010, may retire upon written7
application to the board of trustees, if the member at the time of application has8
attained the age of sixty years and has credit for ten years of accredited service or has9
attained the age of fifty-five years and has credit for twenty-five or more years of10
accredited service or at any age with thirty or more years of accredited service. Any11
member whose first employment making him eligible for system membership began12
on or after January 1, 2011, may retire upon written application to the board of13
trustees, if the member at the time of application has attained the age of sixty years14
and has credit for five years of accredited service. An application for retirement15
shall be officially filed with the board when received in the office of the director.16
Retirement benefits shall become effective as of the date an application for17
retirement is filed in the office of the director or the day after the member terminates18
from service, whichever is later. A member may only cancel his application for19
retirement prior to negotiating, cashing, or depositing any benefit check including20
an estimated benefit check.21
* * *22
§1144. Retirement allowance; regular, minimum, and supplemental23
* * *24
B. Minimum allowance. 25
* * *26 HLS 10RS-260 REENGROSSED
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(2)(a) The provisions of this Paragraph shall apply to any member who1
retires on or after July 1, 2001, but shall not apply to any member to whom2
Paragraph (4) of this Subsection is applicable.3
* * *4
(3) In the event that the funded status of this system should fall below one5
hundred percent, the employee contribution rate shall be increased in an amount6
sufficient to fund any cost to the system resulting from the application of the benefit7
accrual rates provided for in this Paragraphs (1) and (2) of this Subsection, with the8
loss being amortized in accordance with the provisions of R.S. 11:102(B)(3)(d)(i).9
(4) The provisions of this Paragraph shall apply to any member whose first10
employment making him eligible for membership in the system began on or after11
January 1, 2011. The minimum allowance for such members shall be no less than12
an amount which provides a total allowance equal to two and one-half percent13
multiplied by the total years of accredited service and multiplied by the average14
compensation for such person as provided in R.S. 11:1002(6)(c).15
* * *16
§1147. Disability retirement17
* * *18
C.19
* * *20
(2)(a)21
* * *22
(iii) A disability retiree whose first employment making him eligible for23
system membership occurs on or after January 1, 2011, shall receive a maximum24
disability retirement benefit which shall be equivalent to the regular retirement25
formula without reduction by reason of age.26
(b)(i) If a disability retiree whose membership in the system began on or27
before December 31, 2010, dies and leaves a surviving spouse who had been married28
to the deceased disability retiree for at least two years prior to the death of the29 HLS 10RS-260 REENGROSSED
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disability retiree, the surviving spouse shall receive a survivor's benefit equal to1
seventy-five percent of the benefit being received by the disability retiree at his2
death. Benefits shall cease upon remarriage.3
(ii) For disability retirees whose membership began on or after January 1,4
2011, selection of a retirement option shall be made when application for disability5
is filed. If the disability retiree dies, the option selected upon disability retirement6
shall be applied to his disability retirement benefit.7
* * *8
§1151. Survivor benefits; members hired on or before December 31, 20109
A. This Section shall apply to members whose membership in the system10
began on or after January 1, 2011. Survivor's benefits are payable upon application11
therefor and become effective as of the day following the death of the member.12
* * *13
§1151.1. Survivors' benefits; members hired on or after January 1, 201114
A. Survivor benefits shall be due and payable by the system effective the15
first day of the next month following the death of a member whose first employment16
making him eligible for membership in the system occurred on or after January 1,17
2011, but shall not be paid until a properly completed and acceptable application is18
received by the system and all proper certifications have been received by the19
system.20
B.(1) A surviving spouse with a minor or handicapped child, or mentally21
disabled child, or children shall be paid per month, for so long as one or more22
children remain eligible for benefits under Subsection C of this Section, fifty percent23
of the benefit to which the member would have been entitled if he had retired on the24
date of his death using the member's applicable accrual rate regardless of years of25
service or age, or six hundred dollars per month, whichever is greater, provided the26
deceased member was an active member at the time of death and had five or more27
years of service credit, at least two years of which were earned immediately prior to28
death or provided the deceased member had twenty or more years of service credit29 HLS 10RS-260 REENGROSSED
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regardless of when earned or whether the deceased member was in active service at1
the time of death.2
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent3
divorce or death of a new spouse; however, if the member was eligible to retire on4
the date of his death, benefits shall not cease upon remarriage.5
(3) When all surviving children cease to be eligible for benefits under6
Subsection C of this Section, the surviving spouse shall cease to receive benefits7
provided by this Subsection and thereafter, if eligible, shall receive benefits in8
accordance with the provisions of Subsection D of this Section.9
C. In addition to the amount payable in accordance with Subsection B of this10
Section, for the benefit of the surviving minor or handicapped child, or mentally11
disabled child, or children, there shall be paid for each such child, subject to a12
maximum of two children, per month fifty percent of the benefit to which a spouse13
would be entitled under Subsection B of this Section. Benefits shall be payable to14
such children even if no spouse eligible for survivor benefits is present, provided the15
member had at least five years of service credit. Benefits for a child shall cease16
when the child is no longer a minor child as defined by this Chapter. No surviving17
minor child shall receive more than one survivor's benefit at any one time. If two18
benefits are applicable, only the larger shall be paid.19
D.(1) A surviving spouse without a minor or handicapped child, or mentally20
disabled child, or children shall be paid per month, for the remainder of his life, the21
benefit payable in accordance with R.S. 11:1150(B)(2) based on years of service that22
the member had earned to the date of his death using the applicable accrual rate; or23
six hundred dollars per month, whichever is greater, provided the surviving spouse24
had been married to the deceased member for at least one year prior to death, and25
provided the deceased member was an active member at the time of death and had26
ten or more years of service credit, at least two years of which were earned27
immediately prior to death or provided the deceased member had twenty or more28 HLS 10RS-260 REENGROSSED
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years of service credit regardless of when earned or whether the deceased member1
was in active service at the time of death.2
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent3
divorce or death of the new spouse; however, if the member was eligible to retire on4
the date of his death, benefits shall not cease upon remarriage.5
E. The accumulated contributions of a deceased member shall be paid in a6
lump sum refund to the natural person or persons that he designated as his7
beneficiary, or to his succession if there is no designated beneficiary, but only if no8
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment9
of accumulated contributions shall be made only upon receipt of the deceased10
member's death certificate. The payment to the named beneficiary or the estate11
cancels all liability of the system to the deceased member, his named beneficiary, or12
his estate.13
F. In the event of death of a member leaving a surviving spouse and14
dependent children, the total of the benefits payable under Subsections B and C of15
this Section shall not be less each month than what would have been payable under16
Subsection D of this Section for as long as both spouse and children are eligible to17
receive benefits under Subsections B and C of this Section.18
G. If a member dies, even after retirement, eligible minor children shall19
receive the benefits under Subsection C of this Section.20
H. The benefits payable under Subsection C of this Section shall be paid to21
the person having legal custody of the property of the child, unless a trust created22
under Louisiana law has been created by the deceased member for the benefit of the23
child, the terms of the instrument creating the trust so provide and the system has24
been provided with a certified copy of the trust document, then the survivor benefit25
shall be paid to the trust for addition to the trust property. In the event that the trust26
is contested by any party, the system shall withhold all survivor benefit payments or27
deposit them in the registry of the court if a concursus proceeding is filed, until there28
is a final binding legal agreement or judgment regarding the proper payment of the29 HLS 10RS-260 REENGROSSED
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survivor benefits. If the trust terminates under the terms of the trust prior to the1
death of the child, then benefits shall be payable as otherwise provided under this2
Subsection. The trustee of the trust shall immediately notify the system in writing3
of the death of the child.4
I. Each survivor benefit recipient shall be required to establish proof5
annually or at such other times as the board of trustees may deem necessary that they6
are still legally entitled to the survivor benefits provided in this Section. The board7
of trustees shall have the right to suspend or cancel any survivor benefit wherein the8
recipient fails to provide proper certification of eligibility.9
* * *10
§1307. Persons eligible to retire on basis of service and age; retirement salaries11
A. Upon application to the board as provided in R.S. 11:1306, members of12
this system shall be retired by the board at salaries benefits fixed as follows:13
(1) Any member of the system , whose initial date of employment occurred14
on or before December 31, 2010, and who has attained age fifty and who has credit15
for at least ten years of service shall be paid a monthly salary benefit equal to the16
sum of three and one-third percent multiplied by the member's monthly average17
salary, and further multiplied by the number of years of service credited to the18
member's account, but the total annual benefit shall not exceed one hundred percent19
of the member's final average annual salary.20
(2)(a) Any member of the system whose initial date of employment was21
prior to September 8, 1978, regardless of age, who has credit for at least twenty years22
of service shall be paid a monthly salary benefit equal to the sum of three and one-23
third percent multiplied by the member's monthly average salary, and further24
multiplied by the number of years of service credited to the member's account, but25
the total annual benefit shall not exceed one hundred percent of the member's final26
average annual salary.27
(b) Any member of the system whose initial date of employment occurred28
on or after September 8, 1978, but on or before December 31, 2010, regardless of29 HLS 10RS-260 REENGROSSED
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age, who has credit for at least twenty-five years of service , regardless of age, shall1
be paid a monthly salary benefit equal to the sum of three and one-third percent2
multiplied by the member's monthly average salary, and further multiplied by the3
number of years of service credited to the member's account, but the total annual4
benefit shall not exceed one hundred percent of the member's final average annual5
salary.6
(3) Notwithstanding any other provision of law to the contrary, any member7
of the system who participated in the Deferred Retirement Option Plan on or before8
June 30, 2003, and who continued in employment after participation in the Deferred9
Retirement Option Plan without a break in service and who remained in such10
continuous employment on July 1, 2003, shall be paid a monthly salary equal to the11
greater of the monthly benefit computed under R.S. 11:1307.1 or the sum of the12
member's original benefit plus twenty percent of the member's original average13
monthly salary, but the total annual benefit, including any additional benefit accrued14
after termination of participation in the Deferred Retirement Option Plan, shall not15
exceed one hundred percent of the member's final average annual salary.16
* * *17
§1310. Average salary; method of determining 18
A.(1) With respect to persons employed prior to September 8, 1978, the term19
"average salary" as used in this Chapter for the purpose of determining pension20
payments and retirement is the average salary including any additional pay or salary21
provided by the legislature over and above that set by the Civil Service Commission,22
received for the year ending on the last day of the month immediately preceding the23
date of retirement or date of death or for any one-year period, whichever is the24
greatest. For the purposes of computation, "average salary" shall not include25
overtime, expenses expenses, or clothing allowances.26
(2)(a) With respect to persons becoming employed on and after September27
8, 1978, but on or before December 31, 2010, the term "average salary" as used in28
this Chapter for the purpose of determining pension payments and retirement is the29 HLS 10RS-260 REENGROSSED
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average salary including any additional pay or salary provided by the legislature over1
and above that set by the Civil Service Commission, received for the thirty-six month2
period ending on the last day of the month immediately preceding the date of3
retirement or date of death or for any thirty-six consecutive months, whichever is the4
greatest. For the purposes of computation, "average salary" shall not include5
overtime, expenses expenses, or clothing allowances. 6
(b) The earnings to be considered for the thirteenth through the twenty-fourth7
month shall not exceed one hundred and twenty-five percent of the earnings of the8
first through the twelfth month. The earnings to be considered for the final twelve9
months shall not exceed one hundred and twenty-five percent of the earnings of the10
thirteenth through the twenty-fourth month. Nothing in this Subparagraph, however,11
shall change the method of determining the amount of earned compensation12
received.13
* * *14
§1313. Disability retirement; eligibility15
* * *16
B. The board of trustees shall award disability benefits to any sworn,17
commissioned law enforcement officer of the office of state police whose initial date18
of employment occurred on or before December 31, 2010, who is eligible and who19
has been officially certified as disabled by the State Medical Disability Board. The20
disability benefit shall be determined as follows:21
* * *22
C. The board of trustees shall award disability benefits to any sworn,23
commissioned law enforcement officer of the office of state police whose initial date24
of employment occurred on or after January 1, 2011, who is eligible and who has25
been officially certified as disabled by the State Medical Disability Board. The26
disability benefit shall be determined as provided in R.S. 11:1345.7.27
* * *28 HLS 10RS-260 REENGROSSED
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§1316. Death in the line of duty; certain members hired on or before December 31,1
2010; pension of surviving spouse of deceased employee; minor children2
with no surviving spouse3
A. This Section shall apply to any sworn commissioned law enforcement4
officer of the office of state police of the Department of Public Safety and5
Corrections whose initial date of employment occurred on or before December 31,6
2010. The surviving spouse of any such sworn commissioned law enforcement7
officer of the office of state police of the Department of Public Safety and8
Corrections who is killed in the discharge of his duties, or dies from immediate9
effects of any injury received as the result of an act of violence occurring while10
engaged in the discharge of his duties, shall be pensioned at seventy-five percent of11
the salary being received by the employee at the time of the decedent's death or12
injury, provided the surviving spouse was married to the decedent at the time of the13
event which resulted in the officer's death.14
* * *15
§1317. Pension of children of deceased employee and children of deceased retired16
employees ; certain members hired on or before December 31, 2010 17
A.(1) This Section shall apply to any employee whose initial date of18
employment occurred on or before December 31, 2010. If there is no surviving19
spouse to receive the pension due a spouse of any police employee or retired20
employee under R.S. 11:1320 or 1322, or if the spouse has remarried and forfeited21
his or her benefit under R.S. 11:1321, the minor children of the deceased employee22
or deceased retired employee, if any, shall receive a monthly pension equal to the23
greater of:24
* * *25
§1318. Pension of physically handicapped or mentally disabled children of deceased26
employee hired on or before December 31, 201027
A. The surviving totally physically handicapped or mentally disabled child28
or children of a deceased member whose initial date of employment occurred on or29 HLS 10RS-260 REENGROSSED
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before December 31, 2010, whether under or over the age of eighteen years, shall be1
entitled to the same benefits, payable in the same manner as provided by this Chapter2
for surviving spouses.3
* * *4
§1319. Pension of parents of deceased employee hired on or before December 31,5
20106
If For any employee whose initial date of employment occurred on or before7
December 31, 2010, if there is no surviving spouse and no minor children, a monthly8
pension of twenty-five percent of the average salary of the deceased employee shall9
be paid to the parent or parents of the deceased employee, if they, or either of them,10
derived their main support from the employee.11
§1320. Death of employee not in performance of duty; certain members hired on or12
before December 31, 2010; payments 13
A. This Section shall apply to any sworn commissioned law enforcement14
officer of the office of state police of the Department of Public Safety and15
Corrections whose initial date of employment occurred on or before December 31,16
2010. On and after January 1, 1973, the surviving spouse of any such sworn,17
commissioned law enforcement officer of the office of state police whose death18
occurs other than in the line of duty, but who at the time of death was a member of19
the system and had less than twenty years of service credit with the department, shall20
be pensioned at twenty-five percent of his average salary if the officer, at the time21
of death, had under five years of service credit, thirty percent of his average salary22
if he had five years but under ten years of service credit, forty percent of his average23
salary if he had ten years but under fifteen years of service credit, and fifty percent24
of his average salary if he had fifteen years but under twenty years of service credit.25
On and after September 9, 1977, if the employee had twenty years of service or26
more, the surviving spouse shall receive a pension equal to the retirement benefit the27 HLS 10RS-260 REENGROSSED
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employee would have received had the employee elected to retire at the time of his1
death.2
* * *3
§1321. Surviving spouse remarrying; forfeiture of pension ; employees hired on or4
before December 31, 20105
A.(1) This Section shall apply to any employee whose initial date of6
employment occurred on or before December 31, 2010. If the surviving spouse of7
a deceased employee remarries while receiving the surviving spouse's pension under8
the provisions of this Chapter, such spouse thereupon forfeits all rights to the9
spouse's pension.10
* * *11
§1322. Death of former or retired employee hired on or before December 31, 2010;12
pension payable to survivors13
A. This Section shall apply to any employee whose initial date of14
employment occurred on or before December 31, 2010. The surviving spouse of a15
deceased former employee shall receive a pension in an amount equal to the monthly16
retirement pay that would have been payable to the decedent, provided all of the17
following conditions exist:18
* * *19
§1323. Death of employee not in performance of duty; employees hired on or after20
January 1, 201121
A. This Section shall apply to any member whose initial date of employment22
occurred on or after January 1, 2011, and whose death occurs other than in the line23
of duty. Survivor benefits shall be due and payable by the system effective the first24
day of the next month following the death of such member, but shall not be paid until25
a properly completed and acceptable application is received by the system and all26
proper certifications have been received by the system.27
B.(1) A surviving spouse with a minor or handicapped child, or mentally28
disabled child, or children shall be paid per month, for so long as one or more29 HLS 10RS-260 REENGROSSED
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children remain eligible for benefits under Subsection C of this Section, fifty percent1
of the benefit to which the member would have been entitled if he had retired on the2
date of his death using the member's applicable accrual rate regardless of years of3
service or age, or six hundred dollars per month, whichever is greater, provided the4
deceased member was an active member at the time of death and had five or more5
years of service credit, at least two years of which were earned immediately prior to6
death or provided the deceased member had twenty or more years of service credit7
regardless of when earned or whether the deceased member was in active service at8
the time of death.9
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent10
divorce or death of a new spouse; however, if the member was eligible to retire on11
the date of his death, benefits shall not cease upon remarriage.12
(3) When all surviving children cease to be eligible for benefits under13
Subsection C of this Section, the surviving spouse shall cease to receive benefits14
provided by this Subsection and thereafter, if eligible, shall receive benefits in15
accordance with the provisions of Subsection D of this Section.16
C. In addition to the amount payable in accordance with Subsection B of this17
Section, for the benefit of the surviving minor or handicapped child, or mentally18
disabled child, or children, there shall be paid for each such child, subject to a19
maximum of two children, per month fifty percent of the benefit to which a spouse20
would be entitled under Subsection B of this Section. Benefits shall be payable to21
such children even if no spouse eligible for survivor benefits is present, provided the22
member had at least five years of service credit. Benefits for a child shall cease23
when the child is no longer a minor child as defined by this Chapter. No surviving24
minor child shall receive more than one survivor's benefit at any one time. If two25
benefits are applicable, only the larger shall be paid.26
D.(1) A surviving spouse without a minor or handicapped child, or mentally27
disabled child, or children shall be paid per month, for the remainder of his life, the28
benefit payable in accordance with R.S. 11:1323.1(A)(2)(a) based on years of service29 HLS 10RS-260 REENGROSSED
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that the member had earned to the date of his death using the applicable accrual rate,1
or six hundred dollars per month, whichever is greater, provided the surviving spouse2
had been married to the deceased member for at least one year prior to death, and3
provided the deceased member was an active member at the time of death and had4
ten or more years of service credit, at least two years of which were earned5
immediately prior to death or provided the deceased member had twenty or more6
years of service credit regardless of when earned or whether the deceased member7
was in active service at the time of death.8
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent9
divorce or death of the new spouse; however, if the member was eligible to retire on10
the date of his death, benefits shall not cease upon remarriage.11
E. The accumulated contributions of a deceased member shall be paid in a12
lump sum refund to the natural person or persons that he designated as his13
beneficiary, or to his succession if there is no designated beneficiary, but only if no14
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment15
of accumulated contributions shall be made only upon receipt of the deceased16
member's death certificate. Such payment to the named beneficiary or the estate17
cancels all liability of the system to the deceased member, his named beneficiary, or18
his estate.19
F. In the event of death of a member leaving a surviving spouse and20
dependent children, the total of the benefits payable under Subsections B and C of21
this Section shall not be less each month than what would have been payable under22
Subsection D of this Section for as long as both spouse and children are eligible to23
receive benefits under Subsections B and C of this Section.24
G. If a member dies, even after retirement, eligible minor children shall25
receive the benefits under Subsection C of this Section.26
H. The benefits payable under Subsection C of this Section shall be paid to27
the person having legal custody of the property of the child, unless a trust created28
under Louisiana law has been created by the deceased member for the benefit of the29 HLS 10RS-260 REENGROSSED
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child, the terms of the instrument creating the trust so provide and the system has1
been provided with a certified copy of the trust document, then the survivor benefit2
shall be paid to the trust under the terms of the trust for addition to the trust property.3
In the event that the trust is contested by any party, the system shall withhold all4
survivor benefit payments or deposit them in the registry of the court if a concursus5
proceeding is filed, until there is a final binding legal agreement or judgment6
regarding the proper payment of the survivor benefits.7
I. Each survivor benefit recipient shall be required to establish proof8
annually or at such other times as the board of trustees may deem necessary that they9
are still legally entitled to the survivor benefits provided in this Section. The board10
of trustees shall have the right to suspend or cancel any survivor benefit wherein the11
recipient fails to provide proper certification of eligibility.12
§1323.1. Mode of payment where option elected; employees hired on or after13
January 1, 201114
A. Upon application for retirement any member may elect to receive his15
benefit in a retirement allowance payable throughout his life, or he may elect at that16
time to receive the actuarial equivalent of his retirement allowance in a reduced17
retirement allowance payable throughout life, with the following options:18
(1) Option 1. If he dies before he has received in annuity payments the value19
of the member's annuity as it was at the time of his retirement, the balance shall be20
paid to his legal representatives or to the person he nominates by written designation21
duly acknowledged and filed with the board.22
(2)(a) Option 2-A. Upon his death his reduced retirement allowance shall23
be continued throughout the life of and paid to the person he nominated by written24
designation duly acknowledged and filed with the board of trustees at the time of his25
retirement.26
(b) Option 2-B. Upon his death his reduced retirement allowance shall be27
continued throughout the life of and paid to the person he nominated by written28
designation and, upon the death of that designated person, his reduced benefit shall29 HLS 10RS-260 REENGROSSED
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be continued throughout the life of the deceased member's mentally handicapped1
child or children, but such benefits shall be paid to the guardian of such child or2
children. The written designation provided for in this Subparagraph shall be duly3
acknowledged and filed with the board of trustees at the time of the member's4
retirement.5
(c) Unless otherwise specified, any reference in law to this Paragraph or to6
Option 2, without reference to a particular Subparagraph or to Option 2-A or Option7
2-B shall mean Subparagraph (a) of this Paragraph or Option 2-A.8
(3) Option 3. Upon his death one-half of his reduced retirement allowance9
shall be continued throughout the life of and be paid to the person he nominated by10
written designation duly acknowledged and filed with the board of trustees at the11
time of his retirement.12
(4) Option 4. Some other benefit or benefits shall be paid either to the13
member or to the person or persons he nominated, provided the other benefit or14
benefits, together with the reduced retirement allowance, shall be certified by the15
actuary to be of equivalent actuarial value to his retirement allowance and shall be16
approved by the board.17
* * *18
Part III. NEW STATE POLICE RETIREMENT PLAN19
§1345.1. Creation; application20
There is hereby created a retirement plan within this system for persons who21
would otherwise be eligible for membership in the State Police Employees' Pension22
and Retirement System but whose initial date of employment began on or after23
January 1, 2011. Such plan shall be known as the New State Police Retirement Plan.24
Any other provisions of this Chapter or any other laws to the contrary25
notwithstanding, the retirement of such persons shall be governed by the provisions26
of this Part; however, if provisions of this Chapter cover matters not specifically27
addressed by the provisions of this Part or if any of the provisions of this Chapter are28 HLS 10RS-260 REENGROSSED
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made applicable in this Part, then those provisions shall apply to members governed1
by this Part.2
§1345.2. Application; definitions3
Terms not specifically defined in this Section shall have the meanings4
provided in R.S. 11:1301 unless a different meaning is clearly required by the5
context. For purposes of this Part:6
(1) "Average compensation" means the average annual earned compensation7
of a member for the sixty highest months of successive employment, or for the8
highest sixty successive joined months of employment where interruption of service9
occurred; however, average compensation for part-time employees who do not use10
sixty months of full-time employment for average compensation purposes shall be11
based on the base pay the part-time employee would have received had he been12
employed on a full-time basis. The earnings to be considered for the thirteenth13
through the twenty-fourth month shall not exceed one hundred fifteen percent of the14
earnings of the first through the twelfth month. The earnings to be considered for the15
twenty-fifth through the thirty-sixth month shall not exceed one hundred fifteen16
percent of the earnings of the thirteenth through the twenty-fourth month. The17
earnings to be considered for the thirty-seventh through the forty-eighth month shall18
not exceed one hundred fifteen percent of the earnings of the twenty-fifth through19
the thirty-sixth month. The earnings for the final twelve months shall not exceed one20
hundred fifteen percent of the earnings of the thirty-seventh through the forty-eighth21
month. The limitations on the computation of average compensation contained in22
this Item shall not apply to any twelve-month period during which compensation23
increased by more than fifteen percent over the previous twelve-month period solely24
because of an increase in compensation by a uniform systemwide increase adopted25
by the state Department of Civil Service and approved by the governor or because26
of a pay adjustment enacted by the legislature.27 HLS 10RS-260 REENGROSSED
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(2) "Member" or "members" shall include persons who would be eligible1
for system membership pursuant to R.S. 11:1305 but whose initial date of2
employment began on or after January 1, 2011.3
(3) "Plan" means the New State Police Retirement Plan created by this4
Subpart.5
(4) "System" means the State Police Pension and Retirement System.6
§1345.3. Eligibility for membership7
Each person who would be eligible for system membership pursuant to R.S.8
11:1305 but whose initial date of employment began on or after January 1, 2011,9
shall become a member of the New State Police Retirement Plan of the system as a10
condition of employment.11
§1345.4. Eligibility for retirement12
Any member shall be eligible for retirement if he has:13
A. Twenty-five years or more of service, at any age.14
B. Twelve years or more of service, at age fifty-five or thereafter.15
C. Twenty years of service credit at any age, exclusive of military service16
and unused annual and sick leave, but any person retiring under this Paragraph shall17
have his benefit, inclusive of military service credit and allowable unused annual and18
sick leave, actuarially reduced from the earliest age that he would normally become19
eligible for a regular retirement benefit under Subsection A or B of this Section if he20
had continued in service to that age. Any employee who elects to retire under the21
provisions of this Paragraph shall not be eligible to participate in the Back-Deferred22
Retirement Option Program provided by R.S. 11:1312.1.23
§1345.5. Retirement benefit24
A member shall receive a retirement equal to three and one-third percent of25
average compensation for every year of creditable service in the plan, not to exceed26
one hundred percent of the member's average compensation.27 HLS 10RS-260 REENGROSSED
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§1345.6. Back-Deferred Retirement Option Plan1
A member, except as specified in R.S. 11:1345.4(C), shall have the option2
of participating in the Back-Deferred Retirement Option Plan in accordance with the3
provisions of R.S. 11:1312.1.4
§1345.7. Disability retirement5
A. Upon approval of a member's retirement based upon a total and6
permanent disability resulting solely from injuries sustained in the performance of7
his official duties, a member shall receive a disability benefit equal to seventy-five8
percent of his average compensation regardless of years of service. This benefit is9
payable only if the injury or injuries were sustained while on active duty status.10
B. If a member's disability occurs for reasons other than in the performance11
of his duties and the member has earned at least ten years of service credit in this12
Plan, then the member shall be entitled to disability benefits under the provisions of13
R.S. 11:1313(B)(2).14
C. The disability retirement procedures contained in R.S. 11:216 through 22515
which are not in conflict with this Section shall apply to members.16
§1345.8. Survivor's benefit for members killed in the line of duty17
A. If a member's death occurs in the line of duty or is a direct result of an18
injury sustained while in the line of duty, survivor benefits shall be payable to19
qualified survivors as provided for in this Section, except that a survivor shall be20
eligible for benefits under this Section without regard to the amount of time that the21
surviving spouse was married to the deceased member and without regard to the22
amount of time that the deceased was a member of this plan. This benefit is payable23
only if the injury or injuries were sustained while on active duty status.24
B. If the member has a surviving spouse, minor, or handicapped or mentally25
incapacitated child or children, the amount of the total benefit shall equal eighty26
percent of the member's average compensation. The benefit shall be shared equally27
by the surviving spouse and children. When a child who is not handicapped or28
mentally incapacitated no longer meets the definition of minor child under R.S.29 HLS 10RS-260 REENGROSSED
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11:1301, his benefit shall cease, and the remaining beneficiaries shall have their1
shares adjusted accordingly.2
§1345.9. Survivor's benefit for death other than in the line of duty3
The surviving spouse or children of any active member whose death occurs4
other than in the performance of his duties shall have the same pension rights as5
provided in R.S. 11:1320.6
Section 2. R.S. 24:36(M) is hereby enacted to read as follows:7
§36. Additional benefits payable to legislators; certain legislative personnel;8
governor; lieutenant governor; political subdivision service credit; credit for9
service previously rendered; additional contributions; computation of10
benefits payable; membership11
* * *12
M. Beginning January 1, 2011, the provisions of this Section shall not be13
applicable to any person whose first employment making him eligible for14
membership in any public retirement system, plan, or fund, began on or after such15
date.16
Section 3. The cost of this Act, if any, shall be funded through additional employee17
contributions as provided in this Act and with additional employer contributions in18
compliance with Article X, Section 29(E)(5)(b) of the Constitution of Louisiana.19
Section 4. This Act shall become effective on January 1, 2011.20
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), HLS 10RS-260 REENGROSSED
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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.
(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. HLS 10RS-260 REENGROSSED
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(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.
(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%. HLS 10RS-260 REENGROSSED
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(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%.
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. Requires the legislative sergeants
at arms to pay 9.5% in employee contributions if employed prior to December 31, 2010; and
8% if employed thereafter.
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- HLS 10RS-260 REENGROSSED
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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.
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: HLS 10RS-260 REENGROSSED
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(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.
(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 HLS 10RS-260 REENGROSSED
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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.
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. HLS 10RS-260 REENGROSSED
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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.
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. HLS 10RS-260 REENGROSSED
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are additions.
DISABILITY RETIREMENT
I. LASERS - injuries not sustained in the line of duty
Present law provides a variety of disability retirement provisions for the following groups
of employees for injuries sustained not in the line of duty:
(1)Rank-and-file members hired on or before June 30, 2006, or peace officers,
enforcement personnel in the Dept. of Revenue, office of alcohol and tobacco
control, judges, the governor, lieutenant governor, the clerk and sergeant at arms of
the House of Representatives, the secretary and the sergeant at arms of the Senate,
regardless of hire date. Must have 10 years of service credit in order to receive a
disability benefit. Such members shall receive a disability benefit that is the same
as provided under the regular retirement provisions applicable to them.
(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 HLS 10RS-260 REENGROSSED
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are additions.
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.
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. HLS 10RS-260 REENGROSSED
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are additions.
Present law provides for different survivor benefit amounts for surviving spouses and
children typically expressed as a percentage of FAC. Provides that a spouse with children
shall receive 25% of FAC for the spouse and 50% of FAC for the children. A spouse with
no children shall receive 50% of FAC. Children with no surviving spouse shall receive 75%
of FAC divided equally among them.
Proposed law retains present law for members hired on or before Dec. 31, 2010, but for
members hired on or after Jan. 1, 2011, provides that a spouse with children shall receive
50% of what the member's normal retirement benefit would have been. Additionally, any
children shall each receive 50% of what the spouse would be entitled to under proposed law.
A spouse with no children shall receive an actuarially reduced benefit.
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. HLS 10RS-260 REENGROSSED
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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.
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. Eliminates 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, changes
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, changes the 10
years at age 60 retirement eligibility provision to 12 years of service at age 55.
4. Relative to LASERS disability provisions, makes 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, requires 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, provides that if the trust terminates prior to the death of the HLS 10RS-260 REENGROSSED
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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, provides 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
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.
House Floor Amendments to the engrossed bill.
1. Adds provisions relative to the employee contributions paid by legislative
sergeants at arms.