ENROLLED
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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 AND SENATORS APPEL, B. GAUTREAUX, AND
GUILLORY
AN ACT1
To amend and reenact R.S. 11:62(introductory paragraph), (4), (5)(a) and (c), and (10), 203,2
211, 212, 214, 231, 403(5), 441(A) and (F), 444(A), 461(B), 471(A), 478(A), 551,3
553 (introductory paragraph), 581, 601(B), 602, 701(5)(a), (b), and (c)(i), 761(A)(3),4
768(B)(2), 778(C) and (D), 779, 1002(6)(b), 1141(A), 1144(B)(2)(a) and (3),5
1147(C)(2)(b), 1151(A), 1307(A), 1310(A), 1313(B)(introductory paragraph),6
1316(A), 1317(A)(1)(introductory paragraph), 1318(A), 1319, 1320(A), 1321(A)(1),7
and 1322(A) and (B) and to enact R.S. 11:4, 62(5)(g), 471.1, Subpart D of Part VII8
of Chapter 1 of Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950, to9
be comprised of R.S. 11:611 through 621, 761(A)(4), 779.1, 1002(6)(c), 1144(B)(4),10
1147(C)(2)(a)(iii), 1151.1, 1313(C), 1323, 1323.1, Part III of Chapter 4 of Subtitle11
II of Title 11 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.12
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
Notice of intention to introduce this Act has been published20
as provided by Article X, Section 29(C) of the Constitution21
of Louisiana.22 ENROLLEDHB NO. 1337
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Be it enacted by the Legislature of Louisiana:1
Section 1. R.S. 11:62(introductory paragraph), (4), (5)(a) and (c), and (10), 203, 211,2
212, 214, 231, 403(5), 441(A) and (F), 444(A), 461(B), 471(A), 478(A), 551, 5533
(introductory 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), 1151(A),5
1307(A), 1310(A), 1313(B)(introductory paragraph), 1316(A), 1317(A)(1)(introductory6
paragraph), 1318(A), 1319, 1320(A), 1321(A)(1), and 1322(A) and (B) are hereby amended7
and reenacted and R.S. 11:4, 62(5)(g), 471.1, Subpart D of Part VII of Chapter 1 of Subtitle8
II of Title 11 of the Louisiana Revised Statutes of 1950, comprised of R.S. 11:611 through9
621, 761(A)(4), 779.1, 1002(6)(c), 1144(B)(4), 1147(C)(2)(a)(iii), 1151.1, 1313(C), 1323,10
1323.1, and Part III of Chapter 4 of Subtitle II of Title 11 of the Louisiana Revised Statutes11
of 1950, comprised of R.S. 11:1345.1 through 1345.9 are hereby enacted to read as follows:12
§4. Classifications of public retirement systems; state systems; statewide systems13
As used in this Title, unless the context clearly indicates otherwise, the14
following terms shall have the meanings ascribed to them:15
A.(1) The term "state retirement system", "state system", or "state pension16
or retirement system, plan, or fund" shall mean one of the following:17
(a) Louisiana State Employees' Retirement System.18
(b) Teachers' Retirement System of Louisiana.19
(c) Louisiana School Employees' Retirement System.20
(d) State Police Pension and Retirement System.21
(2) The term "state retirement systems", "state systems", or "state pension or22
retirement systems, plans, or funds" shall mean the four state systems listed in23
Paragraph (1) of this Subsection and no other system or systems.24
B. (1) The term "statewide retirement system", "statewide system", or25
"statewide pension or retirement system, plan, or fund" shall mean one of the26
following:27
(a) Assessors' Retirement Fund.28
(b) Clerks' of Court Retirement and Relief Fund.29
(c) District Attorneys' Retirement System.30 ENROLLEDHB NO. 1337
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(d) Firefighters' Retirement System.1
(e) Municipal Employees' Retirement System of Louisiana.2
(f) Municipal Police Employees' Retirement System of Louisiana.3
(g) Parochial Employees' Retirement System of Louisiana.4
(h) Registrars of Voters Employees' Retirement System.5
(i) Sheriffs' Pension and Relief Fund.6
(2) The term "statewide retirement systems", "statewide systems", or7
"statewide pension or retirement systems, plans, or funds" shall mean the nine8
statewide systems listed in Paragraph (1) of this Subsection and no other system or9
systems.10
C. Any public pension or retirement system, plan, or fund not listed in11
Subsection A or B of this Section shall not be considered a state or statewide12
retirement system.13
* * *14
§62. Employee contribution rates established15
Employee contributions to state and statewide public retirement systems shall16
be paid at the following rates, except as otherwise provided by law:17
* * *18
(4) Louisiana School Employees' Retirement System - 7.5% :19
(a) Employees whose first employment making them eligible for membership20
in one of the state systems occurred on or before December 31, 2010 - 7.5%.21
(b) Employees whose first employment making them eligible for membership22
in one of the state systems occurred on or after January 1, 2011 - 8%.23
(5) Louisiana State Employees' Retirement System:24
(a) Judges, court Court officers, the governor, lieutenant governor and25
legislators - 11.5%. :26
(i) Employees whose first employment making them eligible for membership27
in one of the state systems occurred on or before December 31, 2010 - 11.5%.28 ENROLLEDHB NO. 1337
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(ii) Employees whose first employment making them eligible for membership1
in one of the state systems occurred on or after January 1, 2011 - 8%.2
* * *3
(c) Clerk and sergeant at arms of the House of Representatives and Secretary4
and sergeant at arms of the Senate - 9.5%. :5
(i) Employees whose first employment making them eligible for membership6
in one of the state systems occurred on or before December 31, 2010 - 9.5%.7
(ii) Employees whose first employment making them eligible for membership8
in one of the state systems occurred on or after January 1, 2011 - 8%.9
* * *10
(g) "Members" of the Hazardous Duty Services Plan, as defined in R.S.11
11:612 - 9.5%.12
(h) Judges holding positions specified in R.S. 11:553(1), (3) through (5), (7),13
and (10) through (15) - 13%.14
* * *15
(10) State Police Pension and Retirement System – 8.5%. :16
(a) Employees whose first employment making them eligible for membership17
in one of the state systems occurred on or before December 31, 2010 - 8.5%.18
(b) Employees whose first employment making them eligible for membership19
in one of the state systems occurred on or after January 1, 2011 - 9.5%.20
* * *21
§203. Teachers' Retirement System22
A. A member who becomes disabled, and who files for disability benefits23
while in service, and who upon medical examination and certification, as provided24
for elsewhere in this Subpart, is found to be totally disabled for any cause, shall be25
entitled to disability benefits under the provisions of R.S. 11:778(B), provided the26
member has at least five years of creditable service, and R.S. 11:778 and 779,27
provided that the disability was incurred while the member was an active28
contributing member in active service. However, if the application for disability29
benefits is not filed while the member is in service, it shall be presumed that the30 ENROLLEDHB NO. 1337
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disability was not incurred while the member was an active contributing member in1
active service. Such presumption may be overcome only by clear, competent, and2
convincing evidence that the disability was incurred while the member was an active3
contributing member in active service. 4
B.(1) A person whose first employment making him eligible for membership5
in one of the state systems occurred on or before December 31, 2010, applying for6
a disability benefit shall have five years of actual credited service in order to qualify7
for a disability benefit. Such member shall not use credit earned while receiving8
workers' compensation in order to meet the minimum five-year eligibility9
requirement.10
(2) A person whose first employment making him eligible for membership11
in one of the state systems occurred on or after January 1, 2011, applying for a12
disability benefit shall have ten years of actual credited service in order to qualify for13
a disability benefit. Such member shall not use credit earned while receiving14
workers' compensation in order to meet the minimum ten-year eligibility15
requirement. 16
B. C. A member covered by R.S. 11:801 of this system, who becomes17
disabled, and who files for disability benefits while in service, and who upon medical18
examination and certification as provided for elsewhere in this Subpart, is found to19
be totally disabled for any cause, shall be entitled to disability benefits under the20
provisions of R.S. 11:805, provided the member has at least five years of creditable21
service, and provided that the disability was incurred while the member was an22
active contributing member in active service. However, if the application for23
disability benefits is not filed while the member is in service, it shall be presumed24
that the disability was not incurred while the member was an active contributing25
member in active service. Such presumption may be overcome only by clear,26
competent, and convincing evidence that the disability was incurred while the27
member was an active contributing member in active service. 28
* * *29 ENROLLEDHB NO. 1337
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§211. State Police Retirement Fund 1
A. A member whose first employment making him eligible for membership2
in one of the state systems occurred on or before December 31, 2010, who becomes3
disabled, and who files for disability benefits while in service, and who upon medical4
examination and certification as provided for elsewhere in this Subpart is found to5
be either totally or partially disabled solely as the result of injuries sustained in the6
performance of his official duties, or totally disabled for any cause, provided the7
member has at least five years of creditable service, and provided that the disability8
was incurred while the member was an active contributing member in active service,9
shall be entitled to disability benefits under the provisions of R.S. 11:1313(B). 10
B. A member whose first employment making him eligible for membership11
in one of the state systems occurred on or after January 1, 2011, who becomes12
disabled and who files for disability benefits while in service, and who upon medical13
examination and certification as provided for elsewhere in this Subpart is found to14
be either totally or partially disabled solely as the result of injuries sustained in the15
performance of his official duties, or totally disabled for any cause, provided the16
member has at least ten years of creditable service, and provided that the disability17
was incurred while the member was an active contributing member in active service,18
shall be entitled to disability benefits under the provisions of R.S. 11:1345.7.19
C. However, if If the application for disability benefits is not filed while the20
member is in service, it shall be presumed that the disability was not incurred while21
the member was an active contributing member in active service. Such presumption22
may be overcome only by clear, competent, and convincing evidence that the23
disability was incurred while the member was an active contributing member in24
active service. 25
§212. Louisiana State Employees' Retirement System26
A. A member who becomes disabled, and who is not eligible for regular27
retirement, and who files for disability benefits while in service, and who upon28
medical examination and certification, as provided for elsewhere in this Subpart, is29
found to be totally disabled for any cause, shall be entitled to disability benefits30 ENROLLEDHB NO. 1337
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under the provisions of R.S. 11:461(B), provided the member has at least ten years1
of creditable service, and provided that the disability was incurred while the member2
was an active contributing member in active state service. However, if the3
application for disability benefits is not filed while the member is in state service, it4
shall be presumed that the disability was not incurred while the member was an5
active contributing member in active state service; such presumption may be6
overcome only by clear, competent, and convincing evidence that the disability was7
incurred while the member was an active contributing member in active state service.8
B.(1) Subject to the appropriation of funds for this purpose, a member of the9
Louisiana State Employees' Retirement System whose first employment making him10
eligible for membership in one of the state systems occurred on or before December11
31, 2010, who is a correction officer, probation or parole officer, or security officer12
of the Department of Public Safety and Corrections, and who, upon medical13
examination and certification as provided in this Subpart, is found to be either totally14
disabled or partially disabled or incapacitated solely as the result of injuries sustained15
in the official performance of official duties of a hazardous nature, shall be entitled16
to disability benefits under the provisions of R.S. 11:461(B) regardless of the number17
of years of service, provided the member has been a correction officer, probation or18
parole officer, or a security officer of the Department of Public Safety and19
Corrections. 20
(2) Any member whose first employmen t making him eligible for21
membership in one of the state systems occurred on or after January 1, 2011, who22
is employed as a correction officer, probation or parole officer, or security officer of23
the Department of Public Safety and Corrections and who, upon medical24
examination and certification as provided in this Subpart, is found to be totally and25
permanently disabled solely as the result of injuries sustained in the official26
performance of official duties of a hazardous nature, or totally disabled other than27
in the performance of his duties, shall be entitled to disability benefits under the28
provisions of R.S. 11:617.29 ENROLLEDHB NO. 1337
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C. If the application for disability or survivors' benefits is not filed while the1
member is in state service, it shall be presumed that the disability was not incurred2
while the member was an active contributing member in active service. Such3
presumption may be overcome only by clear, competent, and convincing evidence4
that the disability was incurred while the member was an active contributing member5
in active service.6
* * *7
§214. Employees of the Enforcement Division enforcement division in the8
Department of Wildlife and Fisheries 9
A.(1) A member of the Louisiana State Employees' Retirement System10
whose first employment making him eligible for membership in one of the state11
systems occurred on or before December 31, 2010, who is an employee of the12
enforcement division in the Department of Wildlife and Fisheries, and who upon13
medical examination and certification as provided for elsewhere in this Subpart, is14
found to be either totally disabled solely as the result of injuries sustained in the15
official performance of his official duties, or partially disabled or incapacitated for16
any reason, provided the member has been an employee of the enforcement division17
for at least ten years, and provided that the disability was incurred while the member18
was an active contributing member in active service, shall be entitled to disability19
benefits under the provisions of R.S. 11:583(B). 20
(2) Any member whose first employment making him eligible for21
membership in one of the state systems occurred on or after January 1, 2011, who22
is employe d by the enforcement division in the Department of Wildlife and23
Fisheries, who becomes disabled and who files for disability benefits while in24
service, and who upon medical examination and certification as provided for25
elsewhere in this Subpart is found to be totally and permanently disabled solely as26
the result of injuries sustained in the performance of his official duties, or totally27
disabled for any cause, provided the member has at least ten years of creditable28
service, shall be entitled to disability benefits under the provisions of R.S. 11:617.29 ENROLLEDHB NO. 1337
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B. However, if If the application for disability benefits is not filed while the1
member is in state service, it shall be presumed that the disability was not incurred2
while the member was an active contributing member in active service. Such3
presumption may be overcome only by clear, competent, and convincing evidence4
that the disability was incurred while the member was an active contributing member5
in active service.6
* * *7
§231. Average compensation8
A. Notwithstanding any other provisions of law to the contrary, the9
provisions of this Section shall be applicable, unless specifically exempted in10
Subsection C below of this Section, to all members of the following public11
retirement systems:12
(1) Louisiana State Employees' Retirement System.13
(2) State Police Pension and Retirement System.14
(4) (1) Assessors' Retirement Fund.15
(5) (2) Clerks' of Court Retirement and Relief Fund.16
(6) (3) District Attorneys' Retirement System.17
(7) (4) Municipal Employees' Retirement System of Louisiana.18
(9) (5) Registrars of Voters Employees' Retirement System.19
(10) (6) Sheriffs' Pension and Relief Fund.20
(11) (7) Municipal Police Employees' Retirement System.21
B. For purposes of retirement benefit computation, average compensation,22
or its equivalent, shall be based on the thirty-six highest successive months of23
employment, or on the highest thirty-six successive joined months of employment24
where interruption of service occurred. The earnings to be considered for the25
thirteenth through the twenty-fourth month shall not exceed one hundred and26
twenty-five percent of the earnings of the first through the twelfth month. The27
earnings to be considered for the final twelve months shall not exceed one hundred28
and twenty-five percent of the earnings of the thirteenth through the twenty-fourth29 ENROLLEDHB NO. 1337
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month. Nothing herein in this Subsection, however, shall change the method of1
determining the amount of earned compensation received.2
C.(1) This Section shall not apply to members of the State Police Pension3
and Retirement System who become members on or before September 8, 1978, but4
it shall apply to all persons who become members of the State Police Pension and5
Retirement System on or after September 9, 1978.6
(2) This Section shall not apply to members of the Louisiana State7
Employees' Retirement System whose first employment making them eligible for8
system membership began on or after July 1, 2006, or to any person who receives an9
additional benefit pursuant to R.S. 11:557, 582, or 602 or R.S. 24:36.10
(3) This Section shall not apply to members of the following retirement11
systems whose first employment making them eligible for system membership began12
on or after July 1, 2006:13
(a) Clerks' of Court Retirement and Relief Fund.14
(b) Municipal Employees' Retirement System.15
(c) Registrars of Voters Employees' Retirement System.16
(d) Sheriffs' Pension and Relief Fund.17
(4) (2) This Section shall not apply to members of the Parochial Employees'18
Retirement System whose first employment making them eligible for system19
membership began on or after January 1, 2007.20
(5) (3) This Section shall not apply to members of the Assessors' Retirement21
Fund whose first employm ent making them eligible for system membership began22
on or after October 1, 2006.23
(6) This Section shall not apply to members of the Louisiana School24
Employees' Retirement System whose first employment making them eligible for25
system membership began on or after July 1, 2006.26
* * *27 ENROLLEDHB NO. 1337
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§403. Definitions1
The following words and phrases used in this Chapter shall have the2
following meanings, unless a different meaning is clearly required by the context:3
* * *4
(5)(a)(i) "Average compensation", for a member whose first employment5
making him eligible for membership in the system began on or before June 30, 2006,6
and for any person who receives an additional benefit pursuant to R.S.7
11:444(A)(2)(b) or (c), 557, 582, or 602 or R.S. 24:36 whose first employment8
making him eligible for membership in one of the state systems occurred on or9
before December 31, 2010, means the average annual earned compensation of a state10
employee for the thirty-six highest months of successive employment, or for the11
highest thirty-six successive joined months of employment where interruption of12
service occurred; however, average compensation for part-time employees who do13
not use thirty-six months of full-time employment for average compensation14
purposes shall be based on the base pay the part-time employee would have received15
had he been employed on a full-time basis.16
(ii) The earnings to be considered for the thirteenth through the17
twenty-fourth month shall not exceed one hundred twenty-five percent of the18
earnings of the first through the twelfth month. The earnings to be considered for the19
final twelve months shall not exceed one hundred twenty-five percent of the earnings20
of the thirteenth through the twenty-fourth month. Nothing in this Subparagraph,21
however, shall change the method of determining the amount of earned22
compensation received.23
(b)(i) "Average compensation", for a member whose first employment24
making him eligible for membership in the system began on or after July 1, 2006,25
and subject to the limitations provided in this Subparagraph, means the average26
annual earned compensation of a state employee for the sixty highest months of27
successive employment or for the highest sixty successive joined months of28
employment where interruption of service occurred; however, average compensation29
for part-time employees who do not use sixty months of full-time employment for30 ENROLLEDHB NO. 1337
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average compensation purposes shall be based on the base pay the part-time1
employee would have received had he been employed on a full-time basis. This Item2
shall also be applicable to any judge, court officer, governor, lieutenant governor,3
clerk or sergeant-at-arms of the House of Representatives, secretary or sergeant-at-4
arms of the Senate, or state treasurer whose first employment making him eligible5
for membership in one of the state systems occurred on or after January 1, 2011.6
(ii) The earnings to be considered for persons to whom Item (i) of this7
Subparagraph applies for the thirteenth through the twenty-fourth month shall not8
exceed one hundred fifteen percent of the earnings of the first through the twelfth9
month. The earnings to be considered for the twenty-fifth through the thirty-sixth10
month shall not exceed one hundred fifteen percent of the earnings of the thirteenth11
through the twenty-fourth month. The earnings to be considered for the thirty-12
seventh through the forty-eighth month shall not exceed one hundred fifteen percent13
of the earnings of the twenty-fifth through the thirty-sixth month. The earnings for14
the final twelve months shall not exceed one hundred fifteen percent of the earnings15
of the thirty-seventh through the forty-eighth month. The limitations on the16
computation of average compensation contained in this Item shall not apply to any17
twelve-month period during which compensation increased by more than fifteen18
percent over the previous twelve-month period solely because of an increase in19
compensation by a uniform systemwide increase adopted by the state Department of20
Civil Service and approved by the governor or because of a pay adjustment enacted21
by the legislature. This Item shall also be applicable to any judge, court officer,22
member of the Louisiana Legislature, governor, lieutenant governor, clerk or23
sergeant-at-arms of the House of Representatives, secretary or sergeant-at-arms of24
the Senate, or state treasurer whose first employment making him eligible for25
membership in one of the state systems occurred on or after January 1, 2011.26
(iii) The provisions of this Subparagraph shall not apply to any person who27
receives an additional benefit pursuant to R.S. 11:444(A)(2)(b) or (c), 557, 582, or28 ENROLLEDHB NO. 1337
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602 or R.S. 24:36 whose first employment making him eligible for membership in1
one of the state systems occurred on or after January 1, 2011.2
* * *3
§441. Eligibility for retirement4
A.(1) Any member hired on or before June 30, 2006, or any member who5
receives a benefit calculated pursuant to R.S. 11:444(A)(2)(b) and whose first6
employment making him eligible for membership in one of the state systems7
occurred on or before December 31, 2010, shall be eligible for retirement if he has:8
(a) Thirty years or more of service, at any age.9
(b) Twenty-five years or more of service, at age fifty-five or thereafter.10
(c) Ten years or more of service, at age sixty or thereafter.11
(d) Twenty years of service credit at any age, exclusive of military service12
and unused annual and sick leave, but any person retiring under this Subparagraph13
shall have his benefit, inclusive of military service credit and allowable unused14
annual and sick leave, actuarially reduced from the earliest age that he would15
normally become eligible for a regular retirement benefit under Subparagraph (a),16
(b), or (c) of this Paragraph if he had continued in service to that age. Any employee17
who elects to retire under the provisions of this Subparagraph shall not be eligible18
to participate in the Deferred Retirement Option Plan provided by R.S. 11:447 or the19
Initial Benefit Option provided by R.S. 11:446(A)(5).20
(2)(a) Any member hired on or after July 1, 2006, shall be eligible for21
retirement if he has:22
(i) Five years or more of service, at age sixty or thereafter.23
(ii) Twenty years of service credit at any age, exclusive of military service24
and unused annual and sick leave; however, any person retiring under this Item shall25
have his benefit, inclusive of military service credit and allowable unused annual and26
sick leave, actuarially reduced from the earliest age that he would normally become27
eligible for a regular retirement benefit under Item (i) of this Subparagraph if he had28
continued in service to that age. Any employee who elects to retire under the29
provisions of this Item shall not be eligible to participate in the Deferred Retirement30 ENROLLEDHB NO. 1337
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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
(b) Except for members of the Hazardous Duty Services Plan, as defined in3
R.S. 11:612, any member whose first employment making him eligible for4
membership in one of the state systems occurred on or after January 1, 2011,5
including any judge, court officer, governor, lieutenant governor, clerk or sergeant-6
at-arms of the House of Representatives, secretary or sergeant-at-arms of the Senate,7
or state treasurer, shall be eligible for retirement if he has:8
(i) Five years or more of service, at age sixty or thereafter.9
(ii) Twenty years of service credit at any age, exclusive of military service10
and unused annual and sick leave, but any person retiring under this Item shall have11
his benefit, inclusive of military service credit and allowable unused annual and sick12
leave, actuarially reduced from the earliest age that he would normally become13
eligible for a regular retirement benefit under Item (i) of this Subparagraph if he had14
continued in service to that age. Any employee who elects to retire under the15
provisions of this Item shall not be eligible to participate in the Deferred Retirement16
Option Plan provided by R.S. 11:447 or the Initial Benefit Option provided by R.S.17
11:446.18
(3) Any full-time law enforcement personnel, supervisor, or administrator19
who is employe d with the Department of Revenue, office of alcohol and tobacco20
control, on June 30, 2007, or thereafter, whose first employment making him eligible21
for membership in one of the state systems occurred on or before December 31,22
2010, who is P.O.S.T.-certified, who has the power to arrest, and who holds a23
commission from such office shall be eligible to retire if he has:24
(a) Twenty-five years or more of service, at any age.25
(b) Ten years or more of service, at age sixty or thereafter.26
(c) Twenty years of service credit at any age, exclusive of military service27
and unused annual and sick leave, but any person retiring under this Subparagraph28
shall have his benefit, inclusive of military service credit and allowable unused29
annual and sick leave, actuarially reduced from the earliest age that he would30 ENROLLEDHB NO. 1337
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normally become eligible for a regular retirement benefit under Subparagraph (a) or1
(b) of this Paragraph if he had continued in service to that age. Any employee who2
elects to retire under the provisions of this Subparagraph shall not be eligible to3
participate in the Deferred Retirement Option Plan provided by R.S. 11:447 or the4
Initial Benefit Option provided by R.S. 11:446(A)(5).5
* * *6
F. Notwithstanding the provisions of Subsection A of this Section or any7
other provision of law to the contrary, employees of the bridge police section of the8
Crescent City Connection Division of the Department of Transportation and9
Development whose first employment making them eligible for membership in one10
of the state systems occurred on or before December 31, 2010, who are members of11
the system shall be eligible for retirement at any age upon attaining twenty-five or12
more years of service credit, at least ten of which were served immediately prior to13
application for retirement in a position with the bridge police section of the Crescent14
City Connection Division of the Department of Transportation and Development. 15
* * *16
§444. Computation of retirement benefit17
A.(1)(a) A member who retires effective on or after July 1, 1973, shall18
receive a maximum retirement allowance equal to two and one-half percent of19
average compensation, as determined under R.S. 11:231, for every year of creditable20
service, plus three hundred dollars.21
(b) The additional sum of three hundred dollars referenced in Subparagraph22
(a) of this Paragraph shall only apply to a person who became a member prior to July23
1, 1986.24
(2)(a) Public safety service employees as those employees are referred to as25
"member" or "members" in R.S. 11:601(B) whose first employment making them26
eligible for membership in one of the state systems occurred on or before December27
31, 2010, shall receive a retirement allowance computed in accordance with R.S.28
11:602.29 ENROLLEDHB NO. 1337
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(b) Peace officers, as defined by R.S. 40:2402 (1)(3)(a), employed by the1
Department of Public Safety and Corrections, office of state police, other than state2
troopers, whose first employment making them eligible for membership in one of3
the state systems occurred on or before December 31, 2010, shall receive a4
maximum retirement allowance in accordance with the following:5
(i)(aa) Any person employed as a peace officer by the Department of Public6
Safety and Corrections on or before June 30, 2006, shall receive a benefit equal to7
three and one-third percent of average compensation, as determined under R.S.8
11:231, for every year of creditable service in the retirement system whether or not9
such service was rendered as a peace officer, not to exceed one hundred percent of10
the member's average compensation.11
(bb) Any person employed as a peace officer by the Department of Public12
Safety and Corrections as determined under R.S. 11:231, on or before June 30, 2006,13
who was participating in the Deferred Retirement Option Plan on June 30, 2007, or14
who had continued in employment as of such date after completion of plan15
participation shall have his base benefit recalculated to reflect the increase in benefits16
provided pursuant to Subitem (aa) of this Item. The balance in his plan account and17
any subsequent contributions to such account shall be increased to reflect such18
benefit increase.19
(ii) Any person first employed as a peace officer by the Department of Public20
Safety and Corrections after June 30, 2006, whose first employment making them21
eligible for membership in one of the state systems occurred on or before December22
31, 2010, shall receive a benefit equal to three and one-third percent of average23
compensation, as determined under R.S. 11:231, for every year of creditable service24
as a peace officer employed by the Department of Public Safety and Corrections not25
to exceed one hundred percent of the member's average compensation.26
(iii) Any peace officer to whom this Subparagraph applies who continues in27
employment after participation in the Deferred Retirement Option Plan shall receive28
a supplemental benefit pursuant to R.S. 11:450(D) for such continued employment29
calculated using the accrual rate of three and one-third percent.30 ENROLLEDHB NO. 1337
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(c)(i) Full-time law enforcement personnel, supervisors, and administrators1
who are employed with the Department of Revenue, office of alcohol and tobacco2
control, on June 30, 2007, who are P.O.S.T.-certified, who have the power to arrest,3
and who hold a commission from such office shall receive a maximum retirement4
allowance equal to three and one-third percent of average compensation, as5
determined pursuant to R.S. 11:231, for:6
(aa) Every year of creditable service in the retirement system earned on or7
before June 30, 2007, as a peace officer as defined in R.S. 40:2402(1)(3)(a) in8
compliance with the certification requirements applicable when such credit was9
earned, whether or not such service was rendered as such a commissioned alcohol10
and tobacco control officer, and11
(bb) Every year of creditable service earned thereafter as such a12
commissioned alcohol and tobacco control officer.13
(ii) Full-time law enforcement personnel, supervisors, and administrators14
who become employed by the Department of Revenue, office of alcohol and tobacco15
control, on or after July 1, 2007, whose first employment making them eligible for16
membership in one of the state systems occurred on or before December 31, 2010,17
who are P.O.S.T.-certified, who have the power to arrest, and who hold a18
commission from such office shall receive a maximum retirement allowance equal19
to three and one-third percent of average compensation, as determined pursuant to20
R.S. 11:231, for every year of creditable service in the retirement system earned as21
such a commissioned alcohol and tobacco control officer.22
(3) In computing retirement allowances, any fractional period of service shall23
be taken into account and a proportionate amount of such retirement allowance,24
annuity, or benefit shall be granted. The retirement benefits provided pursuant to the25
provisions of this Chapter shall not exceed one hundred percent of the member's26
average compensation.27
* * *28 ENROLLEDHB NO. 1337
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§461. Eligibility; certification1
* * *2
B. The board of trustees shall award disability benefits to eligible members3
who have been officially certified as disabled by the State Medical Disability Board.4
The disability benefit shall be determined as follows:5
(1) Except as otherwise provided in this Section, a member shall receive a6
maximum disability retirement benefit which shall be equivalent to the regular7
retirement formula without reduction by reason of age.8
(2) Subject to the appropriation of funds for this purpose, a corrections9
officer, probation or parole officer, or a security officer of the Louisiana Department10
of Public Safety and Corrections who becomes disabled solely as a result of11
disabilities sustained in the official performance of official duties of a hazardous12
nature shall receive a maximum disability benefit of sixty percent of average13
compensation. The agency shall certify that the disability was sustained while the14
member was performing official duties while on active status and the disability must15
be certified by a physician on the State Medical Disability Board. Any such officer16
whose first employment making him eligible for membership in one of the state17
systems occurred on or after January 1, 2011, shall be subject to provisions of R.S.18
11:617.19
(3)(a) For any person whose employment first making him eligible for20
membership in the system occurred on or before June 30, 2006, or who has attained21
the age of sixty regardless of hire date, or anyone who receives an additional benefit22
pursuant to R.S. 11:444(A)(2)(b) or (c) or 557 or R.S. 24:36 whose first employment23
making him eligible for membership in one of the state systems occurred on or24
before December 31, 2010, the disability retiree may retire under any of the regular25
retirement plans plan which applies to him.26
(b) Any person who has not attained the age of sixty and whose employment27
first making him eligible for membership in the system occurred on or after July 1,28
2006, shall receive a disability benefit equal to two and one-half percent of average29
compensation for every year of creditable service. When the disability retiree attains30 ENROLLEDHB NO. 1337
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the age of sixty, he shall receive his regular retirement benefit upon making1
application therefor to the board. The provisions of this Subparagraph shall not2
apply to any person who receives an additional benefit pursuant to R.S.3
11:444(A)(2)(b) or (c) or 557 or R.S. 24:36 whose first employment making him4
eligible for membership in one of the state systems occurred on or before December5
31, 2010.6
(4) Selection of retirement option need not shall be made when application7
is filed. Selection may be made after the applicant receives his disability retirement8
estimate. Upon the death of a disability retiree, his benefit shall be payable in9
accordance with the option selected at the time of application for disability10
retirement. Accumulated annual leave for which payment cannot be made upon11
retirement and unused sick leave accumulated upon retirement shall be credited to12
the extension of service in the computation of disability retirement benefits.13
* * *14
§471. Survivors' benefits; members hired on or before December 31, 201015
A. Surviving minor children. Benefits for the surviving children of members16
whose first employment making them eligible for membership in one of the state17
systems occurred on or before December 31, 2010, shall be calculated as set forth in18
this Section. The benefit or benefits shall be based on the average compensation of19
the member. A benefit shall be payable to surviving unmarried minor children of a20
member who had at least five years of creditable service, at least two years of which21
was earned immediately prior to death, and was in state service at the time of death22
or had twenty years or more of service credit regardless of when earned and whether23
the deceased member was in the state service at the time of death.24
* * *25
§471.1. Survivors' benefits; members hired on or after January 1, 201126
A. Survivors benefits shall be due and payable by the system effective the27
first day of the next month following the death of a member whose first employment28
making him eligible for membership in one of the state systems occurred on or after29
January 1, 2011, but shall not be paid until a properly completed and acceptable30 ENROLLEDHB NO. 1337
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application is received by the system and all proper certifications have been received1
by the system.2
B.(1) A surviving spouse with a minor or handicapped child, or mentally3
disabled child, or children shall be paid per month, for so long as one or more4
children remain eligible for benefits under Subsection C of this Section, fifty percent5
of the benefit to which the member would have been entitled if he had retired on the6
date of his death using the member's applicable accrual rate regardless of years of7
service or age, or six hundred dollars per month, whichever is greater, provided the8
deceased member was an active member at the time of death and had five or more9
years of service credit, at least two years of which were earned immediately prior to10
death or provided the deceased member had twenty or more years of service credit11
regardless of when earned or whether the deceased member was in active service at12
the time of death.13
(2)(a) Benefits shall cease upon remarriage, and the surviving spouse shall14
be liable to the system for repayment of any survivor benefits received subsequent15
to his remarriage. The surviving spouse shall notify the system in writing within16
thirty days of his remarriage. Failure to provide such notice shall constitute fraud for17
purposes of R.S. 11:543.18
(b) Benefits shall resume upon a subsequent divorce from or death of a new19
spouse.20
(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,21
if the member was eligible to retire on the date of his death, benefits shall not cease22
upon remarriage.23
(3) When all surviving children cease to be eligible for benefits under24
Subsection C of this Section, the surviving spouse shall cease to receive benefits25
provided by this Subsection and thereafter, if eligible, shall receive benefits in26
accordance with the provisions of Subsection D of this Section.27
C. In addition to the amount payable in accordance with Subsection B of this28
Section, for the benefit of the surviving minor or handicapped child, or mentally29
disabled child, or children, there shall be paid for each such child, subject to a30 ENROLLEDHB NO. 1337
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maximum of two children, per month fifty percent of the benefit to which a spouse1
would be entitled under Subsection B of this Section. Benefits shall be payable to2
such children even if no spouse is eligible for survivor benefits, provided the member3
had at least five years of service credit. Benefits for a child shall cease when the4
child is no longer a minor child as defined by this Chapter. No surviving minor child5
shall receive more than one survivor's benefit at any one time. If two benefits are6
applicable, only the larger shall be paid.7
D.(1) A surviving spouse without a minor or handicapped child, or mentally8
disabled child, or children shall be paid per month, for the remainder of his life, the9
Option 2-A equivalent of the benefit amount based on years of service that the10
member had earned to the date of his death using the applicable accrual rate, or six11
hundred dollars per month, whichever is greater, provided the surviving spouse had12
been married to the deceased member for at least one year prior to death, and13
provided the deceased member was an active member at the time of death and had14
ten or more years of service credit, at least two years of which were earned15
immediately prior to death or provided the deceased member had twenty or more16
years of service credit regardless of when earned or whether the deceased member17
was in active service at the time of death.18
(2)(a) Benefits shall cease upon remarriage, and the surviving spouse shall19
be liable to the system for repayment of any survivor benefits received subsequent20
to his remarriage. The surviving spouse shall notify the system in writing within21
thirty days of his remarriage. Failure to provide such notice shall constitute fraud for22
purposes of R.S. 11:543.23
(b) Benefits shall resume upon a subsequent divorce from or death of a new24
spouse.25
(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,26
if the member was eligible to retire on the date of his death, benefits shall not cease27
upon remarriage.28
E. The accumulated contributions of a deceased member shall be paid in a29
lump sum refund to the natural person or persons that he designated as his30 ENROLLEDHB NO. 1337
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beneficiary, or to his succession if there is no designated beneficiary, but only if no1
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment2
of accumulated contributions shall be made only upon receipt of the deceased3
member's death certificate. Said payment to the named beneficiary or the estate4
cancels all liability of the system to the deceased member, his named beneficiary, or5
his estate.6
F. In the event of death of a member leaving a surviving spouse and7
dependent children, the total of the benefits payable under Subsections B and C of8
this Section shall not be less each month than the amount that would have been9
payable under Subsection D of this Section for as long as both spouse and children10
are eligible to receive benefits under Subsection B and C of this Section.11
G. If a member dies, even after retirement, eligible minor children shall12
receive the benefits under Subsection C of this Section.13
H. The benefits payable under Subsection C of this Section shall be paid to14
the person having legal custody of the property of the child, except in those cases15
when a trust created under law has been created by the deceased member for the16
benefit of the child, the terms of the instrument creating the trust so provide and the17
system has been provided with a certified copy of the trust document, then the18
survivor benefit shall be paid to the trust for addition to the trust property. In the19
event that the trust is contested by any party, the system shall withhold all benefit20
payments or deposit them in the registry of the court if a concursus proceeding is21
filed, until there is a final binding legal agreement or judgment regarding the proper22
payment of benefits. If the trust terminates under the terms of the trust prior to the23
death of the child, then benefits shall be payable as otherwise provided under this24
Subsection. The trustee of the trust shall immediately notify the system in writing25
of the death of the child.26
* * *27 ENROLLEDHB NO. 1337
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§478. Benefits payable to certain members killed in the line of duty; survivor1
benefits; corrections officers hired on or before December 31, 20102
A. Notwithstanding any other provision of law to the contrary, if a3
correctional officer, probation or parole officer, or a security officer of the Louisiana4
Department of Public Safety and Corrections, whose first employment making him5
eligible for membership in one of the state systems occurred on or before December6
31, 2010, is killed in the line of duty while serving in his official capacity, survivor7
benefits shall be payable to qualified survivors as provided for in accordance with8
this Section, except that a surviving spouse shall be eligible for benefits under this9
Section, without regard to the amount of time that the surviving spouse was married10
to the deceased officer and without regard to the amount of time that the deceased11
officer was a member of this system. This benefit is payable only if the member dies12
as a direct result of injuries sustained in the official performance of his official duties13
while on active duty status.14
* * *15
§551. Eligibility for membership 16
A. Notwithstanding anything in R.S. 11:413 to the contrary, except for R.S.17
11:413(7) which is specifically applicable, the judges and court officers set forth in18
R.S. 11:553 who take office on and after July 1, 1983, shall become members of the19
Louisiana State Employees' Retirement System and be eligible to obtain credit in and20
transfer credit to the system, as set forth herein. Judges and court officers in office21
prior to July 1, 1983, shall continue to be governed by the law applicable to them22
prior to July 1, 1983. 23
B. Beginning January 1, 2011, the provisions of this Subpart shall not be24
applicable to court officers to whom R.S. 11:553 would otherwise apply but whose25
first employment making them eligible for membership in one of the state systems26
occurred on or after such date. Such persons shall continue to be members of the27
Louisiana State Employees' Retirement System but shall be subject to the provisions28
of this Chapter otherwise applicable to system members.29
* * *30 ENROLLEDHB NO. 1337
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§553. Eligible judges and court officers 1
This Subpart shall apply to all present and future judges and court officers2
hereinafter enumerated in this Section whose first employment making them eligible3
for membership in one of the state systems occurred on or before December 31,4
2010:5
* * *6
§581. Application; definitions7
A. Any other provisions of Chapter 1 of Subtitle II of Title 11 or any other8
laws to the contrary notwithstanding, the retirement of wildlife agents employed by9
the enforcement division of the Louisiana Wildlife and Fisheries Commission whose10
first employment making them eligible for membership in one of the state systems11
occurred on or before December 31, 2010, who are members of Louisiana State12
Employees' Retirement System, and all benefits accruing from such membership,13
shall be governed by the provisions of this Subpart; provided that with respect to14
matters not specifically covered by the provisions of this Subpart, reference shall be15
made to applicable provisions of Chapter 1 of Subtitle II of Title 11. Beginning16
January 1, 2011, the provisions of this Subpart shall not be applicable to wildlife17
agents whose first employment making them eligible for membership in one of the18
state systems occurred on or after such date.19
B. For purposes of this Subpart:20
(1) The words "member", "members", "employee", or "employees" shall21
mean wildlife agents of the enforcement division of the Louisiana Department of22
Wildlife and Fisheries, whose first employment making them eligible for23
membership in one of the state systems occurred on or before December 31, 2010,24
who are members of the Louisiana State Employees' Retirement System and shall25
not include any other members of said retirement system or members of any other26
retirement system to which the state makes contribution or otherwise.27 ENROLLEDHB NO. 1337
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(2) The term "board of trustees" shall mean and refer to the board of trustees1
of the Louisiana State Employees' Retirement System created and provided for by2
Chapter 1 of Subtitle II of Title 11 of the Louisiana Revised Statutes of 1950.3
* * *4
§601. Application; definitions5
* * *6
B. For purposes of the secondary component, the words "member" or7
"members" shall mean wardens, correctional officers, probation and parole officers,8
and security personnel who are employed by the Department of Public Safety and9
Corrections whose first employment making them eligible for membership in one of10
the state systems occurred on or before December 31, 2010, and who are or who11
upon enrollment as an employee would be members of the primary component, but12
shall not include any other members of the primary component or members of any13
other retirement system to which the state makes contributions. The provisions of14
this Subpart shall not apply to wardens, correctional officers, probation and parole15
officers, and security personnel employed by the Department of Public Safety and16
Corrections whose first employment making them eligible for membership in one of17
the state systems occurred on or after January 1, 2011.18
§602. Eligibility for retirement ; benefit calculation19
A. A member shall be eligible for retirement if he has attained at least20
twenty-five years of service credit, regardless of age. A member shall be eligible for21
retirement if he has:22
(1) Attained at least twenty-five years of service, regardless of age.23
(2) Attained at least ten years of service, at age sixty or thereafter.24
B. A member shall be eligible for retirement if he has attained at least ten25
years of service at age sixty or thereafter.26
C. A member shall receive a maximum retirement allowance equal to three27
and one-third percent of average compensation for every year of creditable service,28
not to exceed one hundred percent of the member's average compensation. 29
* * *30 ENROLLEDHB NO. 1337
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SUBPART D. HAZARDOUS DUTY SERVI CES PLAN1
§611. Creation of Hazardous Duty Services Plan2
A. The Hazardous Duty Services Plan is created within the Louisiana State3
Employees' Retirement System for persons whose first employment making them4
eligible for membership in a state system occurred on or after January 1, 2011, in5
hazardous duty positions as defined in this Subpart. Each member of an existing6
hazardous duty plan within the system may retain membership in that plan.7
B. Any other provisions of this Chapter or any other laws to the contrary8
notwithstanding, the retirement of hazardous duty services employees shall be9
governed by the provisions of this Subpart; however, if provisions of this Chapter10
cover matters not specifically addressed by the provisions of this Subpart or if any11
of the provisions of this Chapter are made applicable in this Subpart, then those12
provisions shall apply to members governed by this Subpart.13
§612. Application; definitions14
Terms not specifically defined in this Section shall have the meanings15
provided in R.S. 11:403 unless a different meaning is clearly required by the context.16
For purposes of this Subpart:17
(1) "Average compensation" means the average annual earned compensation18
of a member for the sixty highest months of successive employment, or for the19
highest sixty successive joined months of employment where interruption of service20
occurred; however, average compensation for part-time employees who do not use21
sixty months of full-time employment for average compensation purposes shall be22
based on the base pay the part-time employee would have received had he been23
employed on a full-time basis. The earnings to be considered for the thirteenth24
through the twenty-fourth month shall not exceed one hundred fifteen percent of the25
earnings of the first through the twelfth month. The earnings to be considered for the26
twenty-fifth through the thirty-sixth month shall not exceed one hundred fifteen27
percent of the earnings of the thirteenth through the twenty-fourth month. The28
earnings to be considered for the thirty-seventh through the forty-eighth month shall29
not exceed one hundred fifteen percent of the earnings of the twenty-fifth through30 ENROLLEDHB NO. 1337
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the thirty-sixth month. The earnings for the final twelve months shall not exceed one1
hundred fifteen percent of the earnings of the thirty-seventh through the forty-eighth2
month. The limitations on the computation of average compensation contained in3
this Paragraph shall not apply to any twelve-month period during which4
compensation increased by more than fifteen percent over the previous twelve-month5
period solely because of an increase in compensation by a uniform systemwide6
increase adopted by the state Department of Civil Service and approved by the7
governor or because of a pay adjustment enacted by the legislature.8
(2) "Member" or "members" shall include the following persons whose first9
employment making them eligible for membership in one of the state systems10
occurred on or after January 1, 2011:11
(a) Wildlife agents of the enforcement division of the Department of12
Wildlife and Fisheries.13
(b) Wardens, correctional officers, security personnel, and probation and14
parole officers employed by the Department of Public Safety and Corrections.15
(c) Employees of the bridge police section of the Crescent City Connection16
Division of the Department of Transportation and Development.17
(d) Full-time law enforcement personnel, supervisors, and administrators18
who are employed with the Department of Revenue, office of alcohol and tobacco19
control, who are P.O.S.T.-certified, who have the power to arrest, and who hold a20
commission from such office.21
(e) Peace officers, as defined by R.S. 40:2402(3)(a), employed by the22
Department of Public Safety and Corrections, office of state police, other than state23
troopers.24
(f) Arson investigators employed by the office of state fire marshal who are25
P.O.S.T.-certified, who have the power to arrest, and who hold a commission from26
such office.27
(g) Park rangers employed by the Department of Culture, Recreation and28
Tourism, office of state parks, who are P.O.S.T.-certified, who have the power to29
arrest, and who hold a commission from such office.30 ENROLLEDHB NO. 1337
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(h) Campus police officers employed by any institution of postsecondary1
education who are P.O.S.T.-certified, who have the power to arrest, and who hold a2
commission as required for employment as such officers.3
(i) Hospital security officers employed by Louisiana State University Health4
Sciences Center, who are P.O.S.T.-certified, who have the power to arrest, and who5
hold a commission as required for employment as such officers.6
(j) Investigators of the Department of Justice who are employed in positions7
required to be P.O.S.T.-certified.8
(k) Investigators of the office of state inspector general who are employed in9
positions required to be P.O.S.T.-certified.10
(l) All personnel employed in positions required to be P.O.S.T.-certified,11
who have the power to arrest, who hold a commission as required for employment12
in such positions, who are otherwise members of the Louisiana State Employees'13
Retirement System, and who are not members of any other retirement system.14
(3) "Plan" means the Hazardous Duty Services Plan created by this Subpart15
for certain hazardous duty services employees within the Louisiana State Employees'16
Retirement System.17
(4) "Qualified survivors" means a surviving spouse married to the decedent18
for at least two years prior to the decedent's death, a minor child as defined in R.S.19
11:403, and a handicapped or mentally incapacitated child.20
(5) "System" means the Louisiana State Employees' Retirement System.21
§613. Eligibility for plan membership22
Each person who becomes an employee in state service in one of the23
positions defined in R.S. 11:612(2) shall become a member of the Hazardous Duty24
Services Plan of the system as a condition of employment.25
§614. Eligibility for retirement26
Any member of this plan shall be eligible for retirement if he has:27
(1) Twenty-five years or more of service, at any age.28
(2) Twelve years or more of service, at age fifty-five or thereafter.29 ENROLLEDHB NO. 1337
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(3) Twenty years of service credit at any age, exclusive of military service1
and unused annual and sick leave, but any person retiring under this Paragraph shall2
have his benefit, inclusive of military service credit and allowable unused annual and3
sick leave, actuarially reduced. Any member retiring under this Paragraph who is4
in state service at the time of his retirement shall have his benefit actuarially reduced5
from the earliest age that he would normally become eligible for a regular retirement6
benefit under Paragraph (1) or (2) of this Section if he had continued in service to7
that age. Any member retiring under this Paragraph who is out of state service at the8
time of his retirement shall have his benefit actuarially reduced from the earliest age9
that he would normally become eligible for a regular retirement benefit under10
Paragraph (1) or (2) of this Section based upon his years of service as of the date of11
retirement. Any employee who elects to retire under the provisions of this Paragraph12
shall not be eligible to participate in the Deferred Retirement Option Plan provided13
by R.S. 11:447 or the Initial Benefit Option provided by R.S. 11:446(A)(5).14
§615. Retirement benefit calculation15
A. Except as provided in Subsection B of this Section, a member shall16
receive a retirement benefit equal to three and one-third percent of average17
compensation for every year of creditable service in the Hazardous Duty Services18
Plan, not to exceed one hundred percent of the member's average compensation.19
B. If the member's last ten years of creditable service were not accrued20
exclusively in one of the hazardous duty positions defined in R.S. 11:612(2), he shall21
receive a retirement benefit equal to two and one-half percent of his average22
compensation for the actual number of years of creditable service earned in a23
hazardous duty position.24
C. Retirement benefits for members who had service in nonhazardous duty25
or service under existing plans prior to entering the Hazardous Duty Services Plan26
shall upon retirement eligibility receive a retirement benefit for that prior service27
based on the applicable accrual rate when earned.28 ENROLLEDHB NO. 1337
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§616. Deferred Retirement Option Plan1
A member who is eligible for regular retirement may elect to participate in2
the Deferred Retirement Option Plan in accordance with the provisions of R.S.3
11:447 through 454.4
§617. 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 hazardous duty service12
credit, then the member shall be entitled to disability benefits under the provisions13
of R.S. 11:461(B)(1).14
C. The disability retirement procedures contained in R.S. 11:216 through 22515
which are not in conflict with this Section shall apply to members.16
D. The provisions of R.S. 11:461(B)(4) shall apply to members.17
§618. Survivors' benefits for members killed in the line of duty18
A. If a member's death occurs in the line of duty or is a direct result of an19
injury sustained while in the line of duty, survivor benefits shall be payable to20
qualified survivors as provided for in this Section, except that a survivor shall be21
eligible for benefits under this Section without regard to the amount of time that the22
surviving spouse was married to the deceased member and without regard to the23
amount of time that the deceased was a member of this plan. This benefit is payable24
only if the injury or injuries were sustained while on active duty status.25
B. If the member has a surviving spouse, minor, or handicapped or mentally26
incapacitated child or children, the amount of the total benefit shall equal eighty27
percent of the member's average compensation. The benefit shall be shared equally28
by the surviving spouse and children. When a child who is not handicapped or29
mentally incapacitated no longer meets the definition of minor child under R.S.30 ENROLLEDHB NO. 1337
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11:403, his benefit shall cease, and the remaining beneficiaries shall have their1
shares adjusted accordingly.2
C. The provisions of R.S. 11:472 through 477 concerning procedures for3
payment of survivor benefits which are not in conflict with this Section shall apply4
to members.5
§619. Survivors' benefits for death other than in the line of duty6
A. The surviving spouse or children of any active member whose death7
occurs other than in the performance of his duties shall receive benefits as provided8
in R.S. 11:471.1.9
B. The provisions of R.S. 11:472 through 477 concerning procedures for10
payment of survivor benefits which are not in conflict with this Section shall apply11
to survivors of plan members.12
§620. Transfer of other service credit13
A. Any member who would otherwise be eligible for benefits under the plan14
except that his first employment making him eligible for membership in any state15
system occurred on or before December 31, 2010, and who has not participated in16
the Deferred Retirement Option Plan, shall have the right to irrevocably elect to17
become a member of the plan by submitting an application to the board of trustees18
to be effective on or after January 1, 2011.19
B. Any member who elects to join the Hazardous Duty Services Plan from20
an existing plan shall have the option of:21
(1) Maintaining prior service credit in the existing plan pursuant to the22
provisions of that plan and accruing service credit and benefits in the Hazardous23
Duty Services Plan after the date he joins the plan.24
(2)(a) An internal actuarial transfer from plan to plan in accordance with the25
provisions of R.S. 11:143(C) and (D) in which this system is both the transferring26
and receiving system in which the member transfers all of his service credit from27
each other plan in this system and maintains prior service credit at the accrual rate28
at which it was earned in the existing plan prior to joining the Hazardous Duty29
Services Plan. In the event that the amount of funds transferred is less than the30 ENROLLEDHB NO. 1337
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actuarial cost of the service transferred to the plan, the member transferring, except1
as otherwise provided in this Section, shall pay the deficit or difference including the2
interest thereon at the board-approved actuarial valuation rate of the system.3
(b) In lieu of paying the deficit or difference plus interest, the member may4
at his option, but only at the time of transfer, be granted an amount of credit in the5
plan which is based on the amount of funds actually transferred plus any additional6
funds less than the deficit paid by the member.7
(c) Except as otherwise provided in Subparagraph (d) of this Subsection, a8
member who completes a transfer under the provisions of this Section shall have his9
retirement benefit calculated using the accrual rate of the plan from which he10
transferred based on the number of years transferred.11
(d) A member choosing an internal actuarial transfer shall be eligible to12
upgrade any service credit that was actuarially transferred pursuant to this Subsection13
to the accrual rate of the Hazardous Duty Services Plan by paying an amount that14
totally offsets the increase in actuarial liability resulting from the upgrade in15
accordance with R.S. 11:158.16
C. An employee who is a contributing member of any other plan in this or17
another state or statewide system who would otherwise be required to become a18
member of this plan as a condition of employment in a position which would19
otherwise qualify him for such membership after January 1, 2011, may elect at the20
time of his employment in such position to remain a contributing member of such21
other system for which he remains eligible for membership.22
D. A member whose first employment making him eligible for membership23
in a state retirement system occurred on or before December 31, 2010, who elects to24
transfer to this plan shall thereafter for purposes of all state retirement systems be25
treated as an employee whose first eligibility for membership occurred on or after26
January 1, 2011.27
E. Notwithstanding any other provision of law to the contrary, the premiums28
for health insurance coverage paid by any retiree participating in the Office of Group29
Benefits program who has transferred service credit to this plan from another plan30 ENROLLEDHB NO. 1337
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in this or any other state system and has retired pursuant to R.S. 11:614(A)(1) or (2)1
shall be increased by an amount sufficient to pay for any increase in the employer's2
premiums resulting from his retirement pursuant to these provisions. Such increase3
in the retiree's premium shall be deducted from the retiree's monthly benefit and4
remitted to the Office of Group Benefits. The Office of Group Benefits shall offset5
the employer's premium payments by such amount.6
§621. Survivors' benefits for former or retired members7
A. The surviving spouse of a deceased former member shall receive a benefit8
in an amount equal to fifty percent of the monthly retirement benefit that would have9
been payable to the decedent, provided all of the following conditions exist:10
(1) The decedent had terminated employment covered by this system prior11
to attaining the requisite age for retirement eligibility.12
(2) The decedent has credit for at least twelve years of service in this system13
and has contributions credited to his account.14
B. The surviving spouse of a deceased retired member shall receive a benefit15
in an amount equal to seventy-five percent of the monthly retirement benefit that was16
being paid to the decedent on the date of death.17
C.(1) If there is no surviving spouse eligible to receive benefits pursuant to18
Subsection A or B of this Section, the minor children of the decedent shall be entitled19
to benefits as provided in R.S. 11:471.1.20
(2) As each minor child attains age eighteen, or age twenty-three if a student,21
he shall receive no further benefits payable pursuant to this Subsection.22
* * *23
§701. Definitions24
As used in this Chapter, the following words and phrases have the meaning25
meanings ascribed to them in this Section unless a different meaning is plainly26
required by the context:27
* * *28
(5)(a) "Average compensation" subject to the other provisions of this29
Paragraph, for any teacher whose first employment making him eligible for30 ENROLLEDHB NO. 1337
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membership in one of the state systems occurred on or before December 31, 2010,1
means the average earnable compensation of a teacher for the three highest2
successive years of employment, or the highest three successive joined years of3
employment where interruption of service occurred. For any teacher whose first4
employment making him eligible for membership in one of the state systems5
occurred on or after January 1, 2011, "average compensation" means his average6
earnable compensation for the five highest successive years of employment, or the7
highest five successive joined years where interruption of service occurred. The8
computation of such average compensation shall be in accordance with the following9
guidelines:10
(i) The amount for the first through the twelfth month shall not exceed the11
compensation for the immediately preceding twelve months by more than ten percent12
for a teacher whose first employment making him eligible for membership in one of13
the state systems occurred on or before December 31, 2010, or by more than fifteen14
percent for a teacher whose first employment making him eligible for membership15
in one of the state systems occurred on or after January 1, 2011.16
(ii) The amount for the thirteenth through the twenty-fourth month shall not17
exceed the lesser of the maximum allowable compensation amount or the actual18
compensation amount for the first through twelfth month by more than ten percent19
for a teacher whose first employment making him eligible for membership in one of20
the state systems occurred on or before December 31, 2010, or by more than fifteen21
percent for a teacher whose first employment making him eligible for membership22
in one of the state systems occurred on or after January 1, 2011.23
(iii) The amount for the twenty-fifth through the thirty-sixth month shall not24
exceed the lesser of the maximum allowable compensation amount or the actual25
compensation amount for the thirteenth through twenty-fourth month by more than26
ten percent for a teacher whose first employment making him eligible for27
membership in one of the state systems occurred on or before December 31, 2010,28
or by more than fifteen percent for a teacher whose first employment making him29 ENROLLEDHB NO. 1337
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eligible for membership in one of the state systems occurred on or after January 1,1
2011.2
(iv) The amount for the thirty-seventh through the forty-eighth month shall3
not exceed the lesser of the maximum allowable compensation amount or the actual4
compensation amount for the twenty-fifth through the thirty-sixth month by more5
than fifteen percent.6
(v) The amount for the final twelve months shall not exceed the lesser of the7
maximum allowable compensation amount or the actual compensation amount for8
the thirty-seventh through the forty-eighth month by more than fifteen percent.9
(b) The thirty-six or sixty months used for average compensation, as the case10
may be, cannot cover a period when the member receives more than three years or11
five years of service credit respectively.12
(c)(i) The limitations on the computation of average compensation in this13
Paragraph shall not apply to any of the twelve-month periods where compensation14
increased by more than ten percent the amount allowable in Subparagraph (a) of this15
Paragraph over the previous twelve-month period solely because of an increase in16
compensation by legislative act, by city/parish systemwide salary increase, or by a17
systemwide increase at a college or university.18
* * *19
§761. Retirement benefits; application; eligibility requirements; effective date;20
cancellation; errors and omissions21
A.22
* * *23
(3) Any person whose first employment making him eligible for membership24
in one of the state systems occurred on or after January 1, 2011, may retire upon25
written application to the board of trustees, if at the time of application the member:26
(a) Has attained the age of sixty years and has credit for five years of27
accredited service.28
(b) Has twenty years of service credit at any age, exclusive of military29
service and unused annual and sick leave, but any person retiring under this30 ENROLLEDHB NO. 1337
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Subparagraph shall have his benefit, inclusive of military service credit and1
allowable unused annual and sick leave, actuarially reduced from the earliest age that2
he would normally become eligible for a regular retirement benefit under3
Subparagraph (a) of this Paragraph if he had continued in service to that age. Any4
member who elects to retire under the provisions of this Subparagraph shall not be5
eligible to participate in the Deferred Retirement Option Plan provided by R.S.6
11:786 or the Initial Lump-Sum Benefit option provided by R.S. 11:783.7
(4)(a) A properly executed application for retirement shall be considered as8
officially filed when received by the board of trustees of this system. Retirement9
benefits shall become effective as of the date a properly executed application for10
retirement is received by the board of trustees of this system or the day after the11
member terminates from teaching service, whichever is later.12
(b) A member may cancel his application for retirement only prior to13
negotiating, cashing, or depositing any benefit check including an estimated benefit14
check.15
* * *16
§768. Retirement allowances17
* * *18
B.19
* * *20
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, any21
person who became a member on or after July 1, 1999, whose first employment22
making him eligible for membership in one of the state systems occurred on or23
before December 31, 2010, having twenty years of service credit, exclusive of24
military service and unused annual and sick leave, but who is less than sixty years25
of age, may retire but he shall have his maximum benefit inclusive of military26
service credit and allowable unused annual and sick leave actuarially reduced from27
the earlier of the following:28
(a) The date he would reach sixty years of age.29 ENROLLEDHB NO. 1337
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(b) The earliest age that he would first become eligible for a retirement1
benefit as provided in Paragraph (A)(2) of this Section, if he had continued in service2
to that age and without regard to the date he became a member.3
* * *4
§778. Disability retirement5
* * *6
C. Upon the application of a member in service or of his employer, any7
member whose first employment making him eligible for membership in one of the8
state systems occurred on or before December 31, 2010, and who has five or more9
years of creditable service may be retired by the board of trustees, not less than thirty10
nor more than ninety days following the date of filing such application, on a11
disability retirement allowance, provided that the medical board, after a medical12
examination of the member, certifies that the member is mentally or physically13
incapacitated for the further performance of the duties currently being performed,14
that the incapacity is likely to be total and permanent, and that the member should15
be retired. Any member whose first employment making him eligible for16
membership in one of the state systems occurred on or after January 1, 2011, shall17
be eligible for disability benefits if he has ten or more years of creditable service. 18
D. Disability retirees whose first employment making them eligible for19
membership in one of the state systems occurred on or before December 31, 2010,20
and who had at least fifteen years of service prior to being certified as disabled and21
who have been receiving disability benefits for at least ten years and who have22
attained at least age fifty shall be eligible to convert from disability benefits to23
regular retirement benefits, provided that any such retiree's regular retirement24
benefits shall be based on the number of years actually credited to the member's25
account, and provided that such conversion does not produce a benefit that creates26
an actuarial cost to the system.27
* * *28 ENROLLEDHB NO. 1337
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§779. Allowance on disability retirement ; members hired on or before December1
31, 20102
A. The provisions of this Section shall apply to members whose first3
employment making them eligible for membership in one of the state systems4
occurred on or before December 31, 2010.5
A. B.(1) Upon retirement for disability, a member shall receive a disability6
retirement allowance equal to two and one-half percent of his average compensation7
multiplied by his years of creditable service, but not more than fifty percent of his8
average compensation. In no event shall such disability retirement allowance be less9
than the lesser of forty percent of the state minimum salary for a beginning teacher10
with a bachelor's degree, or seventy-five percent of his average compensation. Such11
retiree shall not be allowed an optional allowance.12
(2) In addition to the benefit provided by Paragraph (1) of this Subsection,13
if a disability retiree has a minor child, the disability retiree shall be paid an added14
benefit equal to fifty percent of his disability benefit for so long as he has a minor15
child, provided that the total benefit payable to the disability retiree does not exceed16
seventy-five percent of his average compensation.17
B. C.(1) If a disability retiree dies and leaves a surviving spouse who had18
been married to the deceased disability retiree for at least two years before the death19
of the disability retiree and there are no minor children or there are minor children20
who are the children of both the disability retiree and the surviving spouse, the21
surviving spouse shall receive a survivor's benefit equal to seventy-five percent of22
the benefit being received by the disability retiree at the time of his death, and no23
benefits shall be paid under R.S. 11:762.24
(2) If a disability retiree dies and leaves a surviving spouse who had been25
married to the deceased disability retiree for at least two years before the death of the26
disability retiree and there are surviving minor children of the deceased disability27
retiree who are not the children of the surviving spouse, the surviving spouse shall28
receive a survivor's benefit equal to thirty-seven and one-half percent of the benefit29
being received by the disability retiree at the time of his death. Benefits equal to a30 ENROLLEDHB NO. 1337
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total of thirty-seven and one-half percent of the benefit being received by the1
disability retiree at the time of his death shall be divided equally among the minor2
children who are not the children of the surviving spouse for the duration of their3
minority, and no benefits shall be paid under R.S. 11:762. When there are no longer4
any minor children of the deceased disability retiree who are not the children of the5
surviving spouse, the spousal benefit shall revert to seventy-five percent of the6
benefit being received by the disability retiree at the time of his death.7
(3) If a disability retiree dies and leaves a surviving spouse who had been8
married to the deceased disability retiree for at least two years before the death of the9
disability retiree and there are minor children of the deceased disability retiree who10
are not the children of the surviving spouse and also minor children of both the11
deceased disability retiree and the surviving spouse, the surviving spouse shall12
receive a survivor's benefit equal to fifty percent of the benefit being received by the13
disability retiree at the time of his death, and the minor children of the deceased14
disability retiree who are not the children of the surviving spouse shall receive and15
divide equally twenty-five percent of the benefit being received by the disability16
retiree at the time of his death for the duration of their minority, and no benefits shall17
be paid under R.S. 11:762. When there are no longer minor children of the deceased18
disability retiree who are not the children of the surviving spouse, the spousal benefit19
shall revert to seventy-five percent of the benefit being received by the disability20
retiree at the time of his death.21
(4) If a disability retiree dies and does not leave a surviving spouse, or the22
surviving spouse dies after the death of the disability retiree, and there is a minor23
child or children of the disability retiree, the minor child or children shall be entitled24
to a total benefit equal to fifty percent of the benefit being received by the disability25
retiree at the time of his death for so long as there is a minor child, and no benefits26
shall be paid under R.S. 11:762.27
C. D. A disability retiree, upon attainment of the earliest age that he would28
have become eligible for a retirement benefit, if he had continued in service without29
further change in compensation, shall become a regular retiree using only his years30 ENROLLEDHB NO. 1337
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of creditable service; however, his maximum benefit shall not be less than his1
disability benefit as provided by Paragraph A (B)(1) of this Section and shall not2
include the benefit provided by Paragraph A (B)(2) of this Section. The benefit3
provided by Paragraph A (B)(2) of this Section shall continue, but only be paid to the4
retiree and only for so long as the retiree has a minor child. The years that he is on5
disability retirement shall not be used in the computation of his regular retirement6
benefit. If a member dies after converting from disability retiree to regular retiree7
and leaves a minor child or children, the applicable benefits provided by Paragraph8
A (B)(2) of this Section shall be paid on behalf of the minor child or children, and9
no benefits shall be paid under R.S. 11:762 and 783(B).10
§779.1. Allowance on disability retirement; members hired on or after January 1,11
201112
Any member whose first employment making him eligible for membership13
in one of the state systems occurred began on or after January 1, 2011, shall receive14
a maximum disability retirement benefit which shall be equivalent to the regular15
retirement formula without reduction by reason of age. Selection of a retirement16
option shall be made when application for disability is filed. If the disability retiree17
dies, the option selected upon disability retirement shall be applied to his disability18
retirement benefit.19
* * *20
§1002. Definitions21
As used in this Chapter, the following words and phrases shall have the22
meaning meanings ascribed to them in this Section unless a different meaning is23
plainly required by the context:24
* * *25
(6)26
* * *27
(b) "Average compensation", for a member whose first employment making28
him eligible for membership in the system began on or after July 1, 2006, whose first29
employment making him eligible for membership in one of the state systems30 ENROLLEDHB NO. 1337
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occurred on or before December 31, 2010, shall be based on the sixty highest1
successive months of employment, or on the highest sixty successive joined months2
of employment where interruption of service occurred; however, the average3
compensation amount for the thirteenth through the twenty-fourth month shall not4
exceed the actual compensation amount for the first through the twelfth month by5
more than ten percent. The amount for the twenty-fifth through the thirty-sixth6
month shall not exceed the lesser of the maximum allowable compensation amount7
or the actual compensation amount for the thirteenth through the twenty-fourth8
month by more than ten percent. The amount for the thirty-seventh through the9
forty-eighth month shall not exceed the lesser of the maximum allowable10
compensation amount or the actual compensation amount for the twenty-fifth11
through the thirty-sixth month by more than ten percent. The amount for the forty-12
ninth through the sixtieth month shall not exceed the lesser of the maximum13
allowable compensation amount or the actual compensation amount for the thirty-14
seventh through the forty-eighth month by more than ten percent. The limitations15
on the computation of average compensation contained in this Paragraph shall not16
apply to any twelve-month period during which compensation increased by more17
than one hundred ten percent over the previous twelve-month period solely because18
of an increase in compensation by legislative act or by a city/parish system-wide19
salary increase.20
(c) "Average compensation", for a member whose first employment making21
him eligible for membership in one of the state systems occurred on or after January22
1, 2011, shall be based on the sixty highest successive months of employment, or on23
the highest sixty successive joined months of employment where interruption of24
service occurred; however, the average compensation amount for the thirteenth25
through the twenty-fourth month shall not exceed the actual compensation amount26
for the first through the twelfth month by more than fifteen percent. The amount for27
the twenty-fifth through the thirty-sixth month shall not exceed the lesser of the28
maximum allowable compensation amount or the actual compensation amount for29
the thirteenth through the twenty-fourth month by more than fifteen percent. The30 ENROLLEDHB NO. 1337
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amount for the thirty-seventh through the forty-eighth month shall not exceed the1
lesser of the maximum allowable compensation amount or the actual compensation2
amount for the twenty-fifth through the thirty-sixth month by more than fifteen3
percent. The amount for the forty-ninth through the sixtieth month shall not exceed4
the lesser of the maximum allowable compensation amount or the actual5
compensation amount for the thirty-seventh through the forty-eighth month by more6
than fifteen percent. The limitations on the computation of average compensation7
contained in this Subparagraph shall not apply to any twelve-month period during8
which compensation increased by more than one hundred fifteen percent over the9
previous twelve-month period solely because of an increase in compensation by10
legislative act or by a city/parish system-wide salary increase.11
* * *12
§1141. Retirement benefits; application; eligibility requirements; effective date;13
cancellation14
A. Any member whose first employment making him eligible for15
membership in one of the state systems occurred on or before December 31, 2010,16
may retire upon written application to the board of trustees, if the member at the time17
of application has attained the age of sixty years and has credit for ten years of18
accredited service or has attained the age of fifty-five years and has credit for19
twenty-five or more years of accredited service or at any age with thirty or more20
years of accredited service. Any member whose first employment making him21
eligible for membership in one of the state systems occurred on or after January 1,22
2011, may retire upon written application to the board of trustees, if the member at23
the time of application has attained the age of sixty years and has credit for five years24
of accredited service. An application for retirement shall be officially filed with the25
board when received in the office of the director. Retirement benefits shall become26
effective as of the date an application for retirement is filed in the office of the27
director or the day after the member terminates from service, whichever is later. A28 ENROLLEDHB NO. 1337
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member may only cancel his application for retirement prior to negotiating, cashing,1
or depositing any benefit check including an estimated benefit check.2
* * *3
§1144. Retirement allowance; regular, minimum, and supplemental4
* * *5
B. Minimum allowance. 6
* * *7
(2)(a) The provisions of this Paragraph shall apply to any member who8
retires on or after July 1, 2001, but shall not apply to any member to whom9
Paragraph (4) of this Subsection is applicable.10
* * *11
(3) In the event that the funded status of this system should fall below one12
hundred percent, the employee contribution rate shall be increased in an amount13
sufficient to fund any cost to the system resulting from the application of the benefit14
accrual rates provided for in this Paragraphs (1) and (2) of this Subsection, with the15
loss being amortized in accordance with the provisions of R.S. 11:102(B)(3)(d)(i).16
(4) The provisions of this Paragraph shall apply to any member whose first17
employment making him eligible for membership in one of the state systems18
occurred on or after January 1, 2011. The minimum allowance for such members19
shall be no less than an amount which provides a total allowance equal to two and20
one-half percent multiplied by the total years of accredited service and multiplied by21
the average compensation for such person as provided in R.S. 11:1002(6)(c).22
* * *23
§1147. Disability retirement24
* * *25
C.26
* * *27
(2)(a)28
* * *29 ENROLLEDHB NO. 1337
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(iii) A disability retiree whose first employment making him eligible for1
membership in one of the state systems occurred on or after January 1, 2011, shall2
receive a maximum disability retirement benefit which shall be equivalent to the3
regular retirement formula without reduction by reason of age.4
(b)(i) If a disability retiree whose eligibility for membership in one of the5
state systems occurred on or before December 31, 2010, dies and leaves a surviving6
spouse who had been married to the deceased disability retiree for at least two years7
prior to the death of the disability retiree, the surviving spouse shall receive a8
survivor's benefit equal to seventy-five percent of the benefit being received by the9
disability retiree at his death. Benefits shall cease upon remarriage.10
(ii) For disability retirees whose first employment making him eligible for11
membership in one of the state systems occurred on or after January 1, 2011,12
selection of a retirement option shall be made when application for disability is filed.13
If the disability retiree dies, the option selected upon disability retirement shall be14
applied to his disability retirement benefit.15
* * *16
§1151. Survivor benefits; members hired on or before December 31, 201017
A. This Section shall apply to members whose first employment making18
them eligible for membership in one of the state systems occurred on or before19
December 31, 2010. Survivor's benefits are payable upon application therefor and20
become effective as of the day following the death of the member.21
* * *22
§1151.1. Survivors' benefits; members hired on or after January 1, 201123
A. Survivor benefits shall be due and payable by the system effective the24
first day of the next month following the death of a member whose first employment25
making him eligible for membership in one of the state systems occurred on or after26
January 1, 2011, but shall not be paid until a properly completed and acceptable27
application is received by the system and all proper certifications have been received28
by the system.29 ENROLLEDHB NO. 1337
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B.(1) A surviving spouse with a minor or handicapped child, or mentally1
disabled child, or children shall be paid per month, for so long as one or more2
children remain eligible for benefits under Subsection C of this Section, fifty percent3
of the benefit to which the member would have been entitled if he had retired on the4
date of his death using the member's applicable accrual rate regardless of years of5
service or age, or six hundred dollars per month, whichever is greater, provided the6
deceased member was an active member at the time of death and had five or more7
years of service credit, at least two years of which were earned immediately prior to8
death or provided the deceased member had twenty or more years of service credit9
regardless of when earned or whether the deceased member was in active service at10
the time of death.11
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent12
divorce or death of a new spouse; however, if the member was eligible to retire on13
the date of his death, benefits shall not cease upon remarriage.14
(3) When all surviving children cease to be eligible for benefits under15
Subsection C of this Section, the surviving spouse shall cease to receive benefits16
provided by this Subsection and thereafter, if eligible, shall receive benefits in17
accordance with the provisions of Subsection D of this Section.18
C. In addition to the amount payable in accordance with Subsection B of this19
Section, for the benefit of the surviving minor or handicapped child, or mentally20
disabled child, or children, there shall be paid for each such child, subject to a21
maximum of two children, per month fifty percent of the benefit to which a spouse22
would be entitled under Subsection B of this Section. Benefits shall be payable to23
such children even if no spouse eligible for survivor benefits is present, provided the24
member had at least five years of service credit. Benefits for a child shall cease25
when the child is no longer a minor child as defined by this Chapter. No surviving26
minor child shall receive more than one survivor's benefit at any one time. If two27
benefits are applicable, only the larger shall be paid.28
D.(1) A surviving spouse without a minor or handicapped child, or mentally29
disabled child, or children shall be paid per month, for the remainder of his life, the30 ENROLLEDHB NO. 1337
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benefit payable in accordance with R.S. 11:1150(B)(2) based on years of service that1
the member had earned to the date of his death using the applicable accrual rate; or2
six hundred dollars per month, whichever is greater, provided the surviving spouse3
had been married to the deceased member for at least one year prior to death, and4
provided the deceased member was an active member at the time of death and had5
ten or more years of service credit, at least two years of which were earned6
immediately prior to death or provided the deceased member had twenty or more7
years of service credit regardless of when earned or whether the deceased member8
was in active service at the time of death.9
(2) Benefits shall cease upon remarriage and shall resume upon a subsequent10
divorce or death of the new spouse; however, if the member was eligible to retire on11
the date of his death, benefits shall not cease upon remarriage.12
E. The accumulated contributions of a deceased member shall be paid in a13
lump sum refund to the natural person or persons that he designated as his14
beneficiary, or to his succession if there is no designated beneficiary, but only if no15
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment16
of accumulated contributions shall be made only upon receipt of the deceased17
member's death certificate. The payment to the named beneficiary or the estate18
cancels all liability of the system to the deceased member, his named beneficiary, or19
his estate.20
F. In the event of death of a member leaving a surviving spouse and21
dependent children, the total of the benefits payable under Subsections B and C of22
this Section shall not be less each month than what would have been payable under23
Subsection D of this Section for as long as both spouse and children are eligible to24
receive benefits under Subsections B and C of this Section.25
G. If a member dies, even after retirement, eligible minor children shall26
receive the benefits under Subsection C of this Section.27
H. The benefits payable under Subsection C of this Section shall be paid to28
the person having legal custody of the property of the child, unless a trust created29
under Louisiana law has been created by the deceased member for the benefit of the30 ENROLLEDHB NO. 1337
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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 for addition to the trust property. In the event that the trust3
is contested by any party, the system shall withhold all survivor benefit payments or4
deposit them in the registry of the court if a concursus proceeding is filed, until there5
is a final binding legal agreement or judgment regarding the proper payment of the6
survivor benefits. If the trust terminates under the terms of the trust prior to the7
death of the child, then benefits shall be payable as otherwise provided under this8
Subsection. The trustee of the trust shall immediately notify the system in writing9
of the death of the child.10
I. Each survivor benefit recipient shall be required to establish proof11
annually or at such other times as the board of trustees may deem necessary that they12
are still legally entitled to the survivor benefits provided in this Section. The board13
of trustees shall have the right to suspend or cancel any survivor benefit wherein the14
recipient fails to provide proper certification of eligibility.15
* * *16
§1307. Persons eligible to retire on basis of service and age; retirement salaries17
A. Upon application to the board as provided in R.S. 11:1306, members of18
this system shall be retired by the board at salaries benefits fixed as follows:19
(1) Any member of the system , whose first employment making him eligible20
for membership in one of the state systems occurred on or before December 31,21
2010, and who has attained age fifty and who has credit for at least ten years of22
service shall be paid a monthly salary benefit equal to the sum of three and one-third23
percent multiplied by the member's monthly average salary, and further multiplied24
by the number of years of service credited to the member's account, but the total25
annual benefit shall not exceed one hundred percent of the member's final average26
annual salary.27
(2)(a) Any member of the system whose initial date of employment was28
prior to September 8, 1978, regardless of age, who has credit for at least twenty years29
of service shall be paid a monthly salary benefit equal to the sum of three and one-30 ENROLLEDHB NO. 1337
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third percent multiplied by the member's monthly average salary, and further1
multiplied by the number of years of service credited to the member's account, but2
the total annual benefit shall not exceed one hundred percent of the member's final3
average annual salary.4
(b) Any member of the system whose initial date of employment occurred5
on or after September 8, 1978, and whose first employment making him eligible for6
membership in one of the state systems occurred on or before December 31, 2010,7
regardless of age, who has credit for at least twenty-five years of service, regardless8
of age, shall be paid a monthly salary benefit equal to the sum of three and one-third9
percent multiplied by the member's monthly average salary, and further multiplied10
by the number of years of service credited to the member's account, but the total11
annual benefit shall not exceed one hundred percent of the member's final average12
annual salary.13
(3) Notwithstanding any other provision of law to the contrary, any member14
of the system who participated in the Deferred Retirement Option Plan on or before15
June 30, 2003, and who continued in employment after participation in the Deferred16
Retirement Option Plan without a break in service and who remained in such17
continuous employment on July 1, 2003, shall be paid a monthly salary equal to the18
greater of the monthly benefit computed under R.S. 11:1307.1 or the sum of the19
member's original benefit plus twenty percent of the member's original average20
monthly salary, but the total annual benefit, including any additional benefit accrued21
after termination of participation in the Deferred Retirement Option Plan, shall not22
exceed one hundred percent of the member's final average annual salary.23
* * *24
§1310. Average salary; method of determining 25
A.(1) With respect to persons employed prior to September 8, 1978, the term26
"average salary" as used in this Chapter for the purpose of determining pension27
payments and retirement is the average salary including any additional pay or salary28
provided by the legislature over and above that set by the Civil Service Commission,29
received for the year ending on the last day of the month immediately preceding the30 ENROLLEDHB NO. 1337
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date of retirement or date of death or for any one-year period, whichever is the1
greatest. For the purposes of computation, "average salary" shall not include2
overtime, expenses expenses, or clothing allowances.3
(2)(a) With respect to persons becoming employed on and after September4
8, 1978, and whose first employment making them eligible for membership in one5
of the state systems occurred on or before December 31, 2010, the term "average6
salary" as used in this Chapter for the purpose of determining pension payments and7
retirement is the average salary including any additional pay or salary provided by8
the legislature over and above that set by the Civil Service Commission, received for9
the thirty-six month period ending on the last day of the month immediately10
preceding the date of retirement or date of death or for any thirty-six consecutive11
months, whichever is the greatest. For the purposes of computation, "average salary"12
shall not include overtime, expenses expenses, or clothing allowances. 13
(b) The earnings to be considered for the thirteenth through the twenty-fourth14
month shall not exceed one hundred twenty-five percent of the earnings of the first15
through the twelfth month. The earnings to be considered for the final twelve16
months shall not exceed one hundred twenty-five percent of the earnings of the17
thirteenth through the twenty-fourth month. Nothing in this Subparagraph, however,18
shall change the method of determining the amount of earned compensation19
received.20
* * *21
§1313. Disability retirement; eligibility22
* * *23
B. The board of trustees shall award disability benefits to any sworn,24
commissioned law enforcement officer of the office of state police whose first25
employment making him eligible for membership in one of the state systems26
occurred on or before December 31, 2010, who is eligible and who has been27
officially certified as disabled by the State Medical Disability Board. The disability28
benefit shall be determined as follows:29
* * *30 ENROLLEDHB NO. 1337
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C. The board of trustees shall award disability benefits to any sworn,1
commissioned law enforcement officer of the office of state police whose first2
employment making him eligible for membership in one of the state systems3
occurred on or after January 1, 2011, who is eligible and who has been officially4
certified as disabled by the State Medical Disability Board. The disability benefit5
shall be determined as provided in R.S. 11:1345.7.6
* * *7
§1316. Death in the line of duty; certain members hired on or before December 31,8
2010; pension of surviving spouse of deceased employee; minor children9
with no surviving spouse10
A. This Section shall apply to any sworn commissioned law enforcement11
officer of the office of state police of the Department of Public Safety and12
Corrections whose first employment making him eligible for membership in one of13
the state systems occurred on or before December 31, 2010. The surviving spouse14
of any such sworn commissioned law enforcement officer of the office of state police15
of the Department of Public Safety and Corrections who is killed in the discharge of16
his duties, or dies from immediate effects of any injury received as the result of an17
act of violence occurring while engaged in the discharge of his duties, shall be18
pensioned at seventy-five percent of the salary being received by the employee at the19
time of the decedent's death or injury, provided the surviving spouse was married to20
the decedent at the time of the event which resulted in the officer's death.21
* * *22
§1317. Pension of children of deceased employee and children of deceased retired23
employees ; certain members hired on or before December 31, 2010 24
A.(1) This Section shall apply to any employe e whose first employment25
making him eligible for membership in one of the state systems occurred on or26
before December 31, 2010. If there is no surviving spouse to receive the pension due27
a spouse of any police employee or retired employee under R.S. 11:1320 or 1322,28
or if the spouse has remarried and forfeited his or her benefit under R.S. 11:1321, the29 ENROLLEDHB NO. 1337
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minor children of the deceased employee or deceased retired employee, if any, shall1
receive a monthly pension equal to the greater of:2
* * *3
§1318. Pension of physically handicapped or mentally disabled children of deceased4
employee hired on or before December 31, 20105
A. The surviving totally physically handicapped or mentally disabled child6
or children of a deceased member whose first employment making him eligible for7
membership in one of the state systems occurred on or before December 31, 2010,8
whether under or over the age of eighteen years, shall be entitled to the same9
benefits, payable in the same manner as provided by this Chapter for surviving10
spouses.11
* * *12
§1319. Pension of parents of deceased employee hired on or before December 31,13
201014
If For any employee whose first employment making him eligible for15
membership in one of the state systems occurred on or before December 31, 2010,16
if there is no surviving spouse and no minor children, a monthly pension of17
twenty-five percent of the average salary of the deceased employee shall be paid to18
the parent or parents of the deceased employee, if they, or either of them, derived19
their main support from the employee.20
§1320. Death of employee not in performance of duty; certain members hired on or21
before December 31, 2010; payments 22
A. This Section shall apply to any sworn commissioned law enforcement23
officer of the office of state police of the Department of Public Safety and24
Corrections whose first employment making him eligible for membership in one of25
the state systems occurred on or before December 31, 2010. On and after January26
1, 1973, the surviving spouse of any such sworn, commissioned law enforcement27
officer of the office of state police whose death occurs other than in the line of duty,28
but who at the time of death was a member of the system and had less than twenty29
years of service credit with the department, shall be pensioned at twenty-five percent30 ENROLLEDHB NO. 1337
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of his average salary if the officer, at the time of death, had under five years of1
service credit, thirty percent of his average salary if he had five years but under ten2
years of service credit, forty percent of his average salary if he had ten years but3
under fifteen years of service credit, and fifty percent of his average salary if he had4
fifteen years but under twenty years of service credit. On and after September 9,5
1977, if the employee had twenty years of service or more, the surviving spouse shall6
receive a pension equal to the retirement benefit the employee would have received7
had the employee elected to retire at the time of his death.8
* * *9
§1321. Surviving spouse remarrying; forfeiture of pension ; employees hired on or10
before December 31, 201011
A.(1) This Section shall apply to the surviving spouse of any member whose12
first employment making him eligible for membership in one of the state systems13
occurred on or before December 31, 2010. If the surviving spouse of a deceased14
employee remarries while receiving the surviving spouse's pension under the15
provisions of this Chapter, such spouse thereupon forfeits all rights to the spouse's16
pension.17
* * *18
§1322. Death of former or retired employee hired on or before December 31, 2010;19
pension payable to survivors20
A. This Section shall apply to any employee whose first employment making21
him eligible for membership in one of the state systems occurred on or before22
December 31, 2010. The surviving spouse of a deceased former employee shall23
receive a pension in an amount equal to the monthly retirement pay that would have24
been payable to the decedent, provided all of the following conditions exist:25
(1) The decedent had terminated employment covered by this system prior26
to attaining the requisite age for retirement eligibilty eligibility. 27
(2) The decedent has credit for at least ten years of service in this system and28
has contributions credited to his account.29
(3) The surviving spouse was:30 ENROLLEDHB NO. 1337
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(a) Married to the decedent for at least two years prior to the decedent's1
death; and 2
(b) For a decedent whose date of death occurred on or before December 31,3
2010, Was was living with the decedent at the time of death.4
B. The surviving spouse of a deceased retired employee shall receive a5
pension in an amount equal to the monthly retirement pay that was being paid to the6
decedent on the date of death, provided all of the following conditions exist:7
(1) The surviving spouse was married to the decedent for at least two years8
prior to the decedent's death; and9
(2) For a decedent whose retirement date occurred on or before December 31,10
2010, Was was living with the decedent at the time of death.11
* * *12
§1323. Death of employee not in performance of duty; employees hired on or after13
January 1, 201114
A. This Section shall apply to any member whose first employment making15
him eligible for membership in one of the state systems occurred on or after January16
1, 2011, and whose death occurs other than in the line of duty. Survivor benefits17
shall be due and payable by the system effective the first day of the next month18
following the death of such member, but shall not be paid until a properly completed19
and acceptable application is received by the system and all proper certifications20
have been received by the system.21
B.(1) A surviving spouse with a minor or handicapped child, or mentally22
disabled child, or children shall be paid per month, for so long as one or more23
children remain eligible for benefits under Subsection C of this Section, fifty percent24
of the benefit to which the member would have been entitled if he had retired on the25
date of his death using the member's applicable accrual rate regardless of years of26
service or age, or six hundred dollars per month, whichever is greater, provided the27
deceased member was an active member at the time of death and had five or more28
years of service credit, at least two years of which were earned immediately prior to29
death or provided the deceased member had twenty or more years of service credit30 ENROLLEDHB NO. 1337
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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 from or death of a new spouse; however, if the member was eligible to retire4
on 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, a21
benefit based on years of service that the member had earned to the date of his death22
using the applicable accrual rate, or six hundred dollars per month, whichever is23
greater, provided the surviving spouse had been married to the deceased member for24
at least one year prior to death, and provided the deceased member was an active25
member at the time of death and had ten or more years of service credit, at least two26
years of which were earned immediately prior to death or provided the deceased27
member had twenty or more years of service credit regardless of when earned or28
whether the deceased member was in active service at the time of death.29 ENROLLEDHB NO. 1337
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(2) Benefits shall cease upon remarriage and shall resume upon a subsequent1
divorce or death of the new spouse; however, if the member was eligible to retire on2
the date of his death, benefits shall not cease upon remarriage.3
E. The accumulated contributions of a deceased member shall be paid in a4
lump sum refund to the natural person or persons that he designated as his5
beneficiary, or to his succession if there is no designated beneficiary, but only if no6
benefits under Subsection A, B, C, D, F, or G of this Section are payable. Payment7
of accumulated contributions shall be made only upon receipt of the deceased8
member's death certificate. Such payment to the named beneficiary or the estate9
cancels all liability of the system to the deceased member, his named beneficiary, or10
his estate.11
F. In the event of death of a member leaving a surviving spouse and12
dependent children, the total of the benefits payable under Subsections B and C of13
this Section shall not be less each month than what would have been payable under14
Subsection D of this Section for as long as both spouse and children are eligible to15
receive benefits under Subsections B and C of this Section.16
G. If a member dies, even after retirement, eligible minor children shall17
receive the benefits under Subsection C of this Section.18
H. The benefits payable under Subsection C of this Section shall be paid to19
the person having legal custody of the property of the child, unless a trust created20
under Louisiana law has been created by the deceased member for the benefit of the21
child, the terms of the instrument creating the trust so provide and the system has22
been provided with a certified copy of the trust document, then the survivor benefit23
shall be paid to the trust under the terms of the trust for addition to the trust property.24
In the event that the trust is contested by any party, the system shall withhold all25
survivor benefit payments or deposit them in the registry of the court if a concursus26
proceeding is filed, until there is a final binding legal agreement or judgment27
regarding the proper payment of the survivor benefits.28
I. Each survivor benefit recipient shall be required to establish proof29
annually or at such other times as the board of trustees may deem necessary that they30 ENROLLEDHB NO. 1337
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are still legally entitled to the survivor benefits provided in this Section. The board1
of trustees shall have the right to suspend or cancel any survivor benefit wherein the2
recipient fails to provide proper certification of eligibility.3
§1323.1. Death of former or retired employee hired on or after January 1, 2011;4
pension payable to survivors5
A. This Section shall apply to any employee whose first employment making6
him eligible for membership in any state retirement system began on or after January7
1, 2011. The surviving spouse of a deceased former employee shall receive a8
pension in an amount equal to fifty percent of the monthly retirement pay that would9
have been payable to the decedent, provided all of the following conditions exist:10
(1) The decedent had terminated employment covered by this system prior11
to attaining the requisite age for retirement eligibility.12
(2) The decedent has credit for at least twelve years of service in this system13
and has contributions credited to his account.14
(3) The surviving spouse was married to the decedent for at least two years15
prior to the decedent's death.16
B. The surviving spouse of a deceased retired employee shall receive a17
pension in an amount equal to seventy-five percent of the monthly retirement pay18
that was being paid to the decedent on the date of death, provided the surviving19
spouse was married to the decedent for at least two years prior to the decedent's20
death.21
C.(1)(a) If there is no surviving spouse eligible to receive benefits pursuant22
to Subsection A or B of this Section, or if the spouse has remarried and forfeited his23
benefit under R.S. 11:1321, the minor children of the decedent shall be entitled to24
benefits equal to fifty percent of the monthly retirement pay that would have been25
payable to the decedent, or was being paid to the decedent on the date of death.26
(b) As each minor child attains age eighteen, or age twenty-three if a student,27
he shall receive no further benefits payable pursuant to this Subsection.28 ENROLLEDHB NO. 1337
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(2) If there is no surviving spouse eligible to receive benefits pursuant to1
Subsection A or B of this Section and there are no eligible minor children, then the2
parents of the decedent shall be entitled to benefits as provided in R.S. 11:1319.3
D. Remarriage of the surviving spouse acts as a forfeiture of any rights to4
receive any further benefits pursuant to this Section.5
* * *6
PART III. NEW STATE POLICE RETIREMENT PLAN7
§1345.1. Creation; application8
There is hereby created a retirement plan within this system for persons who9
would otherwise be eligible for membership in the State Police Employees' Pension10
and Retirement System but whose first employment making him eligible for11
membership in one of the state systems occurred on or after January 1, 2011. Such12
plan shall be known as the New State Police Retirement Plan. Any other provisions13
of this Chapter or any other laws to the contrary notwithstanding, the retirement of14
such persons shall be governed by the provisions of this Part; however, if provisions15
of this Chapter cover matters not specifically addressed by the provisions of this Part16
or if any of the provisions of this Chapter are made applicable in this Part, then those17
provisions shall apply to members governed by this Part.18
§1345.2. Application; definitions19
Terms not specifically defined in this Section shall have the meanings20
provided in R.S. 11:1301 unless a different meaning is clearly required by the21
context. For purposes of this Part:22
(1) "Average compensation" means the average annual earned compensation23
of a member for the sixty highest months of successive employment, or for the24
highest sixty successive joined months of employment where interruption of service25
occurred; however, average compensation for part-time employees who do not use26
sixty months of full-time employment for average compensation purposes shall be27
based on the base pay the part-time employee would have received had he been28
employed on a full-time basis. The earnings to be considered for the thirteenth29
through the twenty-fourth month shall not exceed one hundred fifteen percent of the30 ENROLLEDHB NO. 1337
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earnings of the first through the twelfth month. The earnings to be considered for the1
twenty-fifth through the thirty-sixth month shall not exceed one hundred fifteen2
percent of the earnings of the thirteenth through the twenty-fourth month. The3
earnings to be considered for the thirty-seventh through the forty-eighth month shall4
not exceed one hundred fifteen percent of the earnings of the twenty-fifth through5
the thirty-sixth month. The earnings for the final twelve months shall not exceed one6
hundred fifteen percent of the earnings of the thirty-seventh through the forty-eighth7
month. The limitations on the computation of average compensation contained in8
this Paragraph shall not apply to any twelve-month period during which9
compensation increased by more than fifteen percent over the previous twelve-month10
period solely because of an increase in compensation by a uniform systemwide11
increase adopted by the state Department of Civil Service and approved by the12
governor or because of a pay adjustment enacted by the legislature.13
(2) "Member" or "members" shall include persons who would be eligible14
for system membership pursuant to R.S. 11:1305 but whose first employment15
making them eligible for membership in one of the state systems occurred on or after16
January 1, 2011.17
(3) "Plan" means the New State Police Retirement Plan created by this18
Subpart.19
(4) "System" means the State Police Pension and Retirement System.20
§1345.3. Eligibility for membership21
Each person who would be eligible for system membership pursuant to R.S.22
11:1305 but whose first employment making him eligible for membership in one of23
the state systems occurred on or after January 1, 2011, shall become a member of the24
New State Police Retirement Plan of the system as a condition of employment.25
§1345.4. Eligibility for retirement26
Any member shall be eligible for retirement if he has:27
A. Twenty-five years or more of service, at any age.28
B. Twelve years or more of service, at age fifty-five or thereafter.29 ENROLLEDHB NO. 1337
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C. Twenty years of service credit at any age, exclusive of military service1
and unused annual and sick leave, but any person retiring under this Subsection shall2
have his benefit, inclusive of military service credit and allowable unused annual and3
sick leave, actuarially reduced from the earliest age that he would normally become4
eligible for a regular retirement benefit under Subsection A or B of this Section if he5
had continued in service to that age. Any employee who elects to retire under the6
provisions of this Subsection shall not be eligible to participate in the Back-Deferred7
Retirement Option Program provided by R.S. 11:1312.1 or the Initial Benefit Option8
provided by R.S. 11:1307(E).9
§1345.5. Retirement benefit10
A member shall receive a retirement equal to three and one-third percent of11
average compensation for every year of creditable service in the plan, not to exceed12
one hundred percent of the member's average compensation.13
§1345.6. Back-Deferred Retirement Option Program14
A member, except as specified in R.S. 11:1345.4(C), shall have the option15
of participating in the Back-Deferred Retirement Option Program in accordance with16
the provisions of R.S. 11:1312.1.17
§1345.7. Disability retirement18
A. Upon approval of a member's retirement based upon a total and19
permanent disability resulting solely from injuries sustained in the performance of20
his official duties, a member shall receive a disability benefit equal to seventy-five21
percent of his average compensation regardless of years of service. This benefit is22
payable only if the injury or injuries were sustained while on active duty status.23
B. If a member's disability occurs for reasons other than in the performance24
of his duties and the member has earned at least ten years of service credit in this25
Plan, then the member shall be entitled to disability benefits under the provisions of26
R.S. 11:1313(B)(2).27
C. The disability retirement procedures contained in R.S. 11:216 through 22528
which are not in conflict with this Section shall apply to members.29 ENROLLEDHB NO. 1337
Page 60 of 61
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1345.8. Survivors' benefit for members killed in the line of duty1
A. If a member's death occurs in the line of duty or is a direct result of an2
injury sustained while in the line of duty, survivor benefits shall be payable to3
qualified survivors as provided for in this Section, except that a survivor shall be4
eligible for benefits under this Section without regard to the amount of time that the5
surviving spouse was married to the deceased member and without regard to the6
amount of time that the deceased was a member of this plan. This benefit is payable7
only if the injury or injuries were sustained while on active duty status.8
B. If the member has a surviving spouse, minor, or handicapped or mentally9
incapacitated child or children, the amount of the total benefit shall equal eighty10
percent of the member's average compensation. The benefit shall be shared equally11
by the surviving spouse and children. When a child who is not handicapped or12
mentally incapacitated no longer meets the definition of minor child under R.S.13
11:1301, his benefit shall cease, and the remaining beneficiaries shall have their14
shares adjusted accordingly.15
§1345.9. Survivors' benefits for death other than in the line of duty16
The surviving spouse or children of any active member whose death occurs17
other than in the performance of his duties shall have the same pension rights as18
provided in R.S. 11:1320.19
Section 2. R.S. 24:36(M) is hereby enacted to read as follows:20
§36. Additional benefits payable to legislators; certain legislative personnel;21
governor; lieutenant governor; political subdivision service credit; credit for22
service previously rendered; additional contributions; computation of23
benefits payable; membership24
* * *25
M. Beginning January 1, 2011, the provisions of this Section shall not be26
applicable to any person whose first employment making him eligible for27
membership in any public retirement system, plan, or fund, began on or after such28
date.29 ENROLLEDHB NO. 1337
Page 61 of 61
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 3. The cost of this Act, if any, shall be funded through the additional1
employee contributions as provided in this Act and with additional employer contributions2
in compliance with Article X, Section 29(E)(5)(b) of the Constitution of Louisiana.3
Section 4. This Act shall become effective on January 1, 2011.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: