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Regular Session, 2010
HOUSE BILL NO. 224
BY REPRESENTATIVE PEARSON
RETIREMENT BENEFITS: Requires suspension of public retirement benefits during
incarceration
AN ACT1
To amend and reenact the heading of Subpart L of Part II of Chapter 4 of Subtitle I of Title2
11 of the Louisiana Revised Statutes of 1950, R.S. 11:570, 951.3, 952.3, 1378,3
1735(A), 1905, 3014, 3051, 3111, 3140, 3198, 3229, 3321(A), 3345, 3389, 3408,4
3440, 3470, 3513, 3608(A), 3691, 3770, 3800, and 3823, and R.S. 13:3881(D)(1) and5
to enact R.S. 11:293, relative to public retirement benefits; to provide relative to6
incarcerated persons who are members, former members, or retirees of public7
retirement systems; to require the suspension of retirement benefits by such persons8
during the period of incarceration; to provide for repayment of benefits already9
received by such persons; to require certain entities to report to public retirement10
systems information pertaining to such persons who are incarcerated; to provide an11
effective date; and to provide for related matters.12
Notice of intention to introduce this Act has been published13
as provided by Article X, Section 29(C) of the Constitution14
of Louisiana.15
Be it enacted by the Legislature of Louisiana:16
Section 1. The heading of Subpart L of Part II of Chapter 4 of Subtitle I of Title 1117
of the Louisiana Revised Statutes of 1950, R.S. 11:570, 951.3, 952.3, 1378, 1735(A), 1905,18
3014, 3051, 3111, 3140, 3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513,19
3608(A), 3691, 3770, 3800, and 3823 are hereby amended and reenacted and R.S. 11:29320
is hereby enacted to read as follows:21 HLS 10RS-356 ENGROSSED
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SUBPART L. APPLICABILITY OF CERTAIN COURT ORDERS1
LEGAL DETERMINATIONS2
* * *3
§293. Suspension of retirement benefits; incarceration4
A. As used in this Section, the following words or phrases shall have the5
following meanings:6
(1) "Crime" shall mean a criminal offense committed on or after the effective7
date of this Section pursuant to conviction of a crime.8
(2) "Incarceration" or "incarcerated" shall mean physically incarcerated in9
a correctional facility.10
(3) "Public retirement system" means any state, statewide, or local public11
retirement system, plan, or fund.12
(4) "Public servant" means a public employee or an elected official as13
defined in R.S. 42:1102, whether a member, former member, or retiree under the14
provisions of any public retirement system.15
B. No monthly retirement benefit or lump-sum payment of any kind shall be16
payable by a public retirement system to a public servant for any period of time17
during which he is incarcerated.18
C.(1) A parish prosecutor shall inform, in writing, the secretary of the19
Department of Public Safety and Corrections, or the sheriff if incarceration is in a20
parish jail, when a conviction for a crime is entered against a person whom the21
prosecutor knows or has reason to believe is a member of a public retirement system22
and has been sentenced to incarceration under the supervision of the secretary or23
sheriff. The secretary or sheriff shall compile such information and transmit it to the24
appropriate public retirement system. The board of trustees of the retirement system25
shall determine if such conviction and incarceration pursuant thereto applies to any26
of its members, former members, or retirees.27
(2) The secretary of state, upon being notified by a United States attorney of28
a conviction for a federal crime, shall promptly transmit electronically to each public29 HLS 10RS-356 ENGROSSED
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retirement system information pertaining to such conviction if such conviction1
resulted in incarceration. The board of trustees of the retirement system shall2
determine if such conviction and incarceration pursuant thereto applies to any of its3
members, former members, or retirees.4
(3) Upon a determination by the board of trustees of a public retirement5
system that a conviction for a crime and incarceration pursuant thereto applies to one6
of its members, former members, or retirees, the system shall suspend such person's7
monthly benefit for each full month of his incarceration period beginning with the8
first day of the first full month of his incarceration. Additionally, any lump-sum9
payments otherwise payable to such person shall not be payable during his10
incarceration period. Upon release of such person from incarceration he may apply11
to have his monthly benefits or his right to any lump-sum payment resumed.12
Monthly payments shall be payable beginning with the first day of the first full13
month following receipt and approval of his application by the retirement system.14
D. Notwithstanding the provisions of Subsection B of this Section, an15
incarcerated public servant whose spouse or children are his designated beneficiaries,16
made pursuant to an optional allowance, shall be considered deceased for purposes17
of his retirement benefits, and the amount payable to his spouse or children were he18
deceased shall be payable during the period of his incarceration based upon the19
option selected at the time of retirement, but in no case shall the amount payable to20
the spouse or children exceed the benefit that would be payable to the public servant.21
Upon release of the public servant from incarceration, he may apply to have his22
monthly benefits resumed. Monthly benefits shall be payable beginning with the23
first day of the first full month following receipt of his application. If the benefit24
payable to his spouse or children upon his death would be the balance of the present25
value of his annuity and the beneficiary spouse or children elect to have such balance26
payable to them, the payment of such balance shall discharge the system of all27
liability to the public servant.28 HLS 10RS-356 ENGROSSED
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E. Any person subject to suspension of retirement benefits under this Section1
who has received retirement benefits in excess of the benefits permitted in2
Subsection B of this Section shall repay the retirement system the amount of the3
excess benefits plus interest. If such person fails to pay back such amount, the4
system may bring an action in civil court to recover such amount plus court costs and5
legal interest from the date of suspension.6
E. The provisions of Subsection B of this Section shall not apply to any7
defined contribution plan.8
G. The provisions of this Section shall supersede any provision of law9
exempting public retirement benefits from garnishment, attachment, seizure, or other10
process.11
H. In the event of an acquittal or final discharge without conviction of any12
public servant to whom this Section applies, or in the event that such person obtains13
a final judgment overturning his conviction, the system shall repay to such person14
all benefits previously suspended in the form of a one-time lump-sum amount.15
* * *16
§570. Exemption from execution17
Any annuity, retirement allowance or benefit, or refund of contributions, or18
any optional benefit or any other benefit paid or payable to any person under the19
provisions of this Subpart is exempt from state or municipal tax, and is exempt from20
levy and sale, garnishment, attachment, or any other process whatsoever, except as21
provided in R.S. 11:293, and is unassignable.22
* * *23
§951.3. Pensions, benefits, etc., exemption from seizure24
The right of a person to a pension, an annuity, or a retirement allowance, to25
the return of contributions, the pension, annuity, or retirement allowance itself, or26
any other right accrued or accruing to any person under the provisions of this Part27
and the money in the various accounts created by this Part shall not be subject to28
execution, garnishment, attachment, or any other process whatsoever , except as29 HLS 10RS-356 ENGROSSED
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provided in R.S. 11:293, and shall be unassignable except as specifically provided1
for in this Part.2
* * *3
§952.3. Exemption of pension and other rights from levy and other processes4
The right of a person to a retirement allowance, or to the return of5
contributions; the retirement allowance itself; any optional benefit or any other right6
accrued or accruing to any person under the provisions of this Part; and the moneys7
monies in the funds created by this Part are exempt from any state or municipal tax,8
and exempt from levy and sale, garnishment, attachment, or any other process9
whatsoever, except as provided in R.S. 11:293, and shall be unassignable except as10
otherwise specifically provided in this Part.11
* * *12
§1378. Retirement pay or pension; exemption from taxes and execution13
Any retirement pay or pension paid to any judge or the surviving spouse of14
any judge under the unfunded judicial retirement plan is exempt from any state or15
municipal income tax, and is exempt from levy and sale, garnishment, attachment,16
or any other process whatsoever, except as provided in R.S. 11:293.17
* * *18
§1735. Exemption from execution19
A. The following items are hereby exempt from any state or municipal tax20
and from levy and sale, garnishment, attachment, or any other process whatsoever21
as provided in this Chapter, except as provided in R.S. 11:292 and 293: the right of22
a person to a pension, an annuity, or a retirement allowance, or to the return of23
contributions, the pension, annuity, or retirement allowance itself, any optional24
benefit or any other right accrued or accruing to any person, and the moneys monies25
in various funds created by this Chapter. These enumerated items shall be26
unassignable, except as in this Chapter specifically otherwise provided. Benefits27
paid under this Chapter shall be exempt from state income tax. If the contributions28
of an employee are paid by a municipality in order to secure credit for back service,29 HLS 10RS-356 ENGROSSED
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these funds may be assigned to the municipality until such time as the employee has1
repaid contributions so paid or the municipality has released the contributions so2
paid by written notice to the board of trustees of the Municipal Employees'3
Retirement System.4
* * *5
§1905. Exemption from execution6
The following items are hereby exempt from any state or municipal tax and7
from levy and sale, garnishment, attachment, or any other process whatsoever as8
provided in this Chapter, except as provided in R.S. 42:720.21: 11:293: the right of9
a person to a pension, an annuity, or a retirement allowance, or to the return of10
contributions, the pension, annuity, or retirement allowance itself, any optional11
benefit or any other right accrued or accruing to any person, and the moneys monies12
in various funds created by this Chapter. These enumerated items shall be13
unassignable, except as in this Chapter specifically otherwise provided. Benefits14
paid under this Chapter shall be exempt from state income tax. If the contributions15
of an employee are paid by an employer in order to secure credit for service, these16
funds may be assigned to the employer until such time as the employee has repaid17
contributions so paid or the employer has released the contributions so paid by18
written notice to the board.19
* * *20
§3014. Exemptions from execution21
The right of a person to an annuity, a retirement allowance, or benefit, or to22
the return of contributions, or to any optional benefit or any other right accrued or23
accruing to any person under the provisions of this Part, and the monies in the system24
created by this Part, is are hereby exempt from any state or municipal tax, and25
exempt from levy and sale, garnishment, attachment, or any other process26
whatsoever, except as provided in R.S. 11:293, and shall be unassignable except as27
in this Part specifically otherwise provided.28
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§3051. Assignment prohibited1
The right of a person to an annuity, a pension or any other benefit or refund,2
or any right accrued or accruing to any member or beneficiary under the provisions3
of this system, and the monies belonging to the system, shall be unassignable and4
shall not be subject to execution, garnishment, attachment, the operation of5
bankruptcy, or the insolvency law or any other process of law except as specifically6
provided by the provisions of this system and in R.S. 11:293, and except that the City7
city shall have the right to set off funds for any claim arising from embezzlement by8
or fraud of a member.9
* * *10
§3111. Exemption from seizure and attachment11
No Except as provided in R.S. 11:293, no portion of the said Firemen's12
Pension and Relief Fund shall, before or after its order for distribution is issued by13
the said Board of Trustees to the person or persons entitled thereto under the14
provisions of this Part, be held, seized, or levied upon, by virtue of any attachment,15
garnishment, execution, or order or decree, or any other process whatsoever, issued16
out of or by any court, for the payment or satisfaction, in whole or in part, of any17
debt, damage, claim, judgment, or decree against any beneficiary of such Fund; but18
shall be exempt therefrom. That the said The Fund fund shall be kept, held, and19
distributed for no purposes other than those provided for in this Part.20
* * *21
§3140. Exemption from seizure and attachment22
No Except as provided in R.S. 11:293, no portion of the Firemen's Pension23
and Relief Fund shall, before or after its order for distribution is issued by the board24
of trustees to the person or persons entitled thereto under the provisions of this Part,25
be held, seized, taken, subjected to, detained, or levied upon, by virtue of any26
attachment, garnishment, execution, injunction, writ, order, decree, or any other27
process whatsoever, issued out of or by any court of this state, for the payment or28
satisfaction, in whole or in part, of any debt, damage, demand, claim, judgment, or29 HLS 10RS-356 ENGROSSED
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decree against any beneficiary of such Fund fund but shall be exempt therefrom.1
The Fund fund shall be kept, held, and distributed solely for the purposes named in2
this Part and for no other purposes whatsoever.3
* * *4
§3198. Exemption from seizure and attachment5
That Except as provided in R.S. 11:293, no portion of the said Firemen's6
Pension and Relief Fund shall, before or after its order for distribution is issued by7
the said board of trustees to the person or persons entitled thereto under the8
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,9
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,10
or any other process whatsoever, issued out of or by any court of this state, for the11
payment or satisfaction, in whole or in part, for any debt, damage, demand, claim,12
judgment, or decree, against any beneficiary of such fund but shall be exempt13
therefrom. That said The fund shall be sacredly kept, held, and distributed for the14
purposes named in this Part, and for no other purposes whatsoever.15
* * *16
§3229. Exemption from seizure and attachment17
No Except as provided in R.S. 11:293, no portion of the Firemen's Pension18
and Relief Fund shall, before or after its order for distribution is issued by the board19
of trustees to the person or persons entitled thereto under the provisions of this Part,20
be held, seized, taken, subjected to, detained, or levied upon, by virtue of any21
attachment, garnishment, execution, injunction, writ, order, decree, or any other22
process whatsoever, issued out of or by any court of this state, for the payment or23
satisfaction, in whole or in part, of any debts, damage, demand, claim, judgment, or24
decree against any beneficiary of such fund, but shall be exempt therefrom. The25
fund shall be kept, held, and distributed solely for the purposes named in this Part26
and for no other purposes whatsoever.27
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§3321. Exemption from seizure and attachment1
A. No Except as provided in R.S. 11:293, no portion of the Firemen's2
Pension and Relief Fund shall, before or after any order for distribution is issued by3
the said board of directors to the person or persons entitled thereto under the4
provisions of this Part, be held, seized, or levied upon, by virtue of any attachment,5
garnishment, execution, or order or decree, or any other process whatsoever issued6
out of, or by any court, for the payment or satisfaction, in whole or in part, of any7
debt, damage, claim, judgment, or decree against any beneficiary of said fund but8
shall be exempt therefrom. That the said The fund shall be kept, held, and9
distributed for no purpose other than those provided for in this Part.10
* * *11
§3345. Exemption from seizure12
No Except as provided in R.S. 11:293, no portion of the pension fund shall,13
before or after its order for distribution is issued by the board of trustees to the14
person or persons entitled thereto under the provisions of this Part, be held, seized,15
taken, subjected to, detained, or levied upon by virtue of any attachment,16
garnishment, execution, writ, order, injunction, decree, or any other process17
whatsoever, issued out of or by any court of the state of Louisiana, for the payment,18
or satisfaction, in whole or in part, of any debt, claim, damage, demand, judgment,19
or any other decree against any beneficiary of this fund, but shall be exempt20
therefrom.21
* * *22
§3389. Exemption of pension and other rights from levy and other process23
The right of a person to a pension, an annuity, a retirement allowance, or to24
the return of contributions; the pension, annuity, or retirement allowance itself; any25
optional benefit or any other right accrued or accruing to any person under the26
provisions of this Part; and the moneys monies in the various funds created by this27
Part are exempt from any state or municipal tax, and all state income tax, and exempt28
from levy and sale, garnishment, attachment, or any other process whatsoever,29 HLS 10RS-356 ENGROSSED
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except as provided in R.S. 11:293, and shall be unassignable except as otherwise1
specifically provided in this Part. The fund shall be sacredly held, kept, and secured2
and distributed for the purpose of pensioning the persons named in this Part and for3
the payment of death benefits and for no other purpose whatsoever.4
* * *5
§3408. Exemption from seizure and attachment6
No Except as provided in R.S. 11:293, no portion of the fireman's pension7
and relief fund Firemen's Pension and Relief Fund, before or after its order for8
distribution is issued by the board of trustees to the person or persons entitled thereto9
under the provisions of this Part, shall be held, seized, taken, subjected to, detained,10
or levied upon, by virtue of any attachment, garnishment, execution, injunction, writ,11
order, decree, or any other process whatsoever, issued out of or by any court of this12
state, for the payment or satisfaction, in whole or in part, of any debt, damage,13
demand, claim, judgment, or decree against any beneficiary of such fund, but shall14
be exempt therefrom. The fund shall be kept, held, and distributed solely for the15
purposes named in this Part and for no other purposes whatsoever.16
* * *17
§3440. Exemption from seizure and attachment18
No Except as provided in R.S. 11:293, no portion of the said Firemen's19
Pension and Relief Fund shall, before or after its order for distribution is issued by20
the said Board of Trustees to the person or persons entitled thereto under the21
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,22
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,23
or any other process whatsoever, issued out of or by any court of this state, for the24
payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,25
judgment, or decree, against any beneficiary of such fund ;, but shall be exempt26
therefrom. The Fund fund shall be sacredly kept, held, and distributed for the27
purposes named in this Part and for no other purposes whatsoever.28
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§3470. Exemption from seizure and attachment1
That Except as provided in R.S. 11:293, no portion of the said Firemen's2
Pension and Relief Fund shall, before or after its order for distribution is issued by3
the said board of trustees to the person or persons entitled thereto under the4
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,5
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,6
or any other process whatsoever, issued out of or by any court of this state, for the7
payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,8
judgment, or decree against any beneficiary of such fund;, but shall be exempt9
therefrom. That said The fund shall be sacredly kept, held, and distributed for the10
purposes named in this Part, and for no other purposes whatsoever.11
* * *12
§3513. Fund not subject to execution13
The Except as provided in R.S. 11:293, the fund, or any portion thereof,14
before or after an order for its distribution is issued, shall be exempt from assignment15
or pledge by a beneficiary of the fund or from seizure by virtue of any judicial16
process issued against the beneficiary.17
* * *18
§3608. Attachment of fund; exemption from state income tax19
A. No Except as provided in R.S. 11:293, no portion of the fund shall, before20
or after the order for distribution is issued by the board of directors to the person or21
persons entitled thereto under the provisions of this Subpart, be held, seized, or22
levied upon, by virtue of any attachment, garnishment, execution, or order or decree,23
or any other process whatsoever, issued out of, or by, any court, for the payment or24
satisfaction, in whole or in part, of any debt, damage, claim, judgment, or decree25
against any beneficiary of such fund, but shall be exempt therefrom. The fund shall26
be kept, held, and distributed for no purpose other than those provided for in this27 HLS 10RS-356 ENGROSSED
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Subpart. No present or future revision or amendments to the fund shall have the1
effect of reducing any benefit now in existence.2
* * *3
§3691. Exemption from execution4
The right of a person to a pension, an annuity, or a retirement allowance, to5
the return of contributions, the pension, annuity, or retirement allowance itself, any6
optional benefit or any other right accrued or accruing to any person under the7
provisions of this Subpart, and the moneys monies in the various funds created by8
this Subpart, are hereby exempt from any state or municipal tax, and exempt from9
levy and sale, garnishment, attachment, or any other process whatsoever, except as10
provided in R.S. 11:293, and shall be unassignable except as in this Subpart11
specifically otherwise provided.12
* * *13
§3770. Exemption from seizure and attachment14
No Except as provided in R.S. 11:293, no portion of the said Bus Drivers'15
Pension and Relief Fund shall, before or after its order for distribution is issued by16
the said Board of Trustees to the person or persons entitled thereto under the17
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon18
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,19
of or any other process whatsoever, issued out of or by any Court court of this State20
state for the payment or satisfaction, in whole or in part, of any debt, damage,21
demand, claim, judgment, or decree, against any beneficiary of such fund, but shall22
be exempt therefrom. That said The Fund fund shall be sacredly kept, held, and23
distributed for the purposes named in this Part, and for no other purposes24
whatsoever.25
* * *26
§3800. Exemption from seizure and attachment27
That no Except as provided in R.S. 11:293, no portion of the said Electrical28
Workers' Pension and Relief Fund shall, before or after its order for distribution is29 HLS 10RS-356 ENGROSSED
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issued by the said Board of Trustees to the person or persons entitled thereto under1
the provisions of this Part, be held, seized, taken, subjected to, detained, or levied2
upon by virtue of any attachment, garnishment, execution, injunction, writ, order,3
decree, or any other process whatsoever, issued out of, or by, any Court court of this4
State state for the payment or satisfaction, in whole or in part, of any debt, damage,5
demand, claim, judgment, or decree, against any beneficiary of such Fund, but shall6
be exempt therefrom. That said The Fund fund shall be sacredly kept, held, and7
distributed for the purposes named in this Part, and for no other purposes8
whatsoever.9
* * *10
§3823. Exemption from execution11
The right of a person to a pension, an annuity, or a retirement allowance or12
benefit;, or to the return of contributions,; the pension, annuity, or retirement13
allowance itself; to any optional benefit; or any other right accrued or accruing to any14
person under the provisions of this Part or to any person with such rights in the15
Employees' Retirement System of the city of New Orleans are is exempt from any16
state or municipal tax and, are except as provided in R.S. 11:293, exempt from levy17
and sale, garnishment, attachment, or any other process whatsoever.18
Section 2. R.S. 13:3881(D)(1) is hereby amended and reenacted to read as follows:19
§3881. General exemptions from seizure20
* * *21
D.(1) Except as provided in Paragraph (2) of this Subsection and in R.S.22
11:293, the following shall be exempt from all liability for any debt except alimony23
and child support: all pensions, all tax-deferred arrangements, annuity contracts, and24
all proceeds of and payments under all tax-deferred arrangements and annuity25
contracts, as defined in Paragraph (3) of this Subsection.26
* * *27 HLS 10RS-356 ENGROSSED
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Section 3. This Act shall take effect and become operative if and when the proposed1
amendment of Article X of the Constitution of Louisiana contained in the Act which2
originated as House Bill No. 228 of this 2010 Regular Session of the Legislature is adopted3
at the statewide election to be held in 2010 and becomes effective.4
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pearson HB No. 224
Abstract: Provides for the suspension of public retirement benefits by any public servant
while incarcerated as a result of a crime committed on or after the effective date of
proposed law.
Proposed law requires the suspension of retirement benefits to any public servant while
incarcerated as a result of a crime committed on or after the effective date of proposed law.
Requires such person to pay back any funds to the retirement system that he has received in
excess of what proposed law allows.
Proposed law provides that such public servant shall be considered dead for purposes of
retirement benefits; during the incarceration period, his spouse or children shall receive any
amounts that they would be entitled to had the public servant died, pursuant to the optional
allowance he selected at retirement.
Proposed law provides that a parish prosecutor shall inform the secretary of DPS&C or the
parish sheriff in writing when a conviction has been obtained against a person to whom
proposed law may apply. The secretary or sheriff shall then report this information to the
appropriate retirement system. Relative to convictions for federal felonies, requires the
secretary of state to report information to the retirement system regarding any federal
convictions upon which he receives notice from the U.S. attorney for any federal crime
resulting in incarceration of a public servant. The retirement system shall determine if any
of its members or retirees are the subject of such incarceration and whether proposed law
is applicable. The benefit paid to the wife and children of an incarcerated public servant
shall not be more than the benefit that the public servant would have received.
Proposed law does not apply to any defined contribution plan.
Proposed law provides that in the event of an acquittal or discharge without conviction of
the public servant, or in the event that his conviction is overturned, the system shall pay back
all benefits to the public servant that were suspended during his incarceration.
Various provisions of present law specific to particular public retirement or pension systems,
plans, or funds provide that any annuity, retirement allowance or benefit, or refund of
contributions, or any optional benefit or any other benefit paid or payable to any person
under the provisions of present law is exempt from any state or municipal tax and is exempt
from levy and sale, garnishment, attachment, or any other process whatsoever and is
unassignable. Proposed law is an exception to such provisions. HLS 10RS-356 ENGROSSED
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Effective if and when the proposed amendment of Art. X of the Constitution of La.
contained in the Act which originated as HB 228 of the 2010 R.S. is adopted at the statewide
election and becomes effective.
(Amends the heading of Subpart L of Part II of Chapter 4 of Subtitle I of Title 11 of the
L.R.S. of 1950, R.S. 11:570, 951.3, 952.3, 1378, 1735(A), 1905, 3014, 3051, 3111, 3140,
3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513, 3608(A), 3691, 3770, 3800, and
3823, and R.S. 13:3881(D)(1); Adds R.S. 11:293)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Retirement to the original
bill.
1. Clarified that when a public servant is incarcerated and therefore benefits are
paid as if he were dead, for purposes of paying benefits to his spouse and
children, the benefit payout to such spouse and children shall be pursuant to the
optional allowance he chose at retirement.
2. Clarified that the benefit paid to the wife and children of an incarcerated public
servant shall not be more than the benefit that the retiree would have received.
3. Added provision that in the event of an acquittal or discharge without conviction
of the public servant, or in the event that his conviction is overturned, the system
shall pay back all benefits to the public servant that were suspended during his
incarceration.