HLS 10RS-5640 ORIGINAL
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Approved
6-21-10
Regular Session, 2010
HOUSE CONCURRENT STUDY REQUEST NO. 14
BY REPRESENTATIVES HOFFMANN, CORTEZ, CROMER, DOERGE, DOWNS,
HENDERSON, MONTOUCET, PEARSON, AND POPE AND SENATORS
APPEL, CROWE, AND MORRISH
RETIREMENT BENEFITS: Relative to La. public retirement systems, urges and requests
the House and Senate committees on retirement, the House Committee on Civil Law
and Procedure, and the Senate committees on Judiciary A, B, or C, to study issues
related to redesignating beneficiaries by retirees of such systems
A CONCURRENT STUDY REQUEST1
To the House Committee on Retirement, the House Committee on Civil Law, the Senate2
Committee on Retirement, and the Senate Committee on Judiciary A, B, or C, as3
appropriate, to meet and to function as a joint committee to study issues related to4
spousal survivorship benefits in Louisiana public retirement systems and community5
property rights related thereto, and to report the findings of the joint committee to the6
legislature prior to the convening of the 2011 Regular Session of the Legislature of7
Louisiana.8
WHEREAS, membership in a public retirement system is a contract between a public9
employee and his employer, and the terms of such contract often allow an individual retiring10
from public service to name a beneficiary, often a spouse, who upon the retiree's death may11
receive some form of benefit; and12
WHEREAS, the marital regime of a community of acquets and gains is a cornerstone13
of the Louisiana Civil Code and is designed to afford a measure of economic protection to14
spouses upon divorce; and15
WHEREAS, the assets of a community of acquets and gains are calculated as of the16
date of the filing of a petition for divorce; and17
WHEREAS, the retirement benefits of a spouse earned during the marriage are18
considered an asset of the community; and19 HLS 10RS-5640 ORIGINAL
HCSR NO. 14
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WHEREAS, often times a retiree's marital situation changes such that the spouse to1
whom he is married in the final years of his life is not the person he designated as his2
beneficiary upon retirement; and3
WHEREAS, such cases may give rise to situations, particularly in divorce, in which4
a retiree's current spouse will receive no benefits upon the retiree's death, while a previous5
spouse may receive a portion of the retiree's own benefit, plus the entire survivorship benefit6
upon his death; and7
WHEREAS, nearly every year the legislature considers difficult legislation which8
seeks to allow a retiree to change his originally designated beneficiary to his current spouse9
so that his current spouse can be financially provided for upon his death; and10
WHEREAS, in the 2010 Regular Session of the Legislature of Louisiana, four bills11
were introduced which would have allowed a retiree under certain circumstances to change12
his originally designated beneficiary to his current spouse: House Bill No. 1382 and Senate13
Bill Nos. 14, 62, and 97; and14
WHEREAS, the apportioning of retirement benefits should be based on principles15
of fundamental fairness and equity.16
THEREFORE, the Legislature of Louisiana requests the House Committee on17
Retirement, the House Committee on Civil Law and Procedure, the Senate Committee on18
Retirement and the Senate Committee on Judiciary A, B, or C, as appropriate, to meet and19
to function as a joint committee to study issues related to spousal survivorship benefits in20
Louisiana public retirement systems and community property rights related thereto, and to21
report the findings of the joint committee to the legislature prior to the convening of the22
2011 Regular Session of the Legislature of Louisiana.23 HLS 10RS-5640 ORIGINAL
HCSR NO. 14
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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)]
Hoffmann HCSR No. 14
Requests the House Committee on Retirement, the House Committee on Civil Law and
Procedure, the Senate Committee on Retirement, and the Senate Committee on Judiciary A,
B, or C, as appropriate to meet and to function as a joint committee to study issues related
to spousal survivorship benefits in La. public retirement systems and community property
rights related thereto, and to report the findings of the joint committee to the legislature prior
to the 2011 R.S.