SLS 10RS-191 ORIGINAL Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2010 SENATE BILL NO. 602 BY SENATOR B. GAUTREAUX RETIREMENT SYSTEMS. Relative to Louisiana State Employees' Retirement System, Teachers' Retirement System of Louisiana, and Louisiana School Employees' Retirement System, places restrictions on participation in the Deferred Retirement Option Plan. (7/1/10) AN ACT1 To amend and reenact R.S. 11:447(A), 786(A), and 1152(A), relative to state retirement2 systems; to restrict participation in the Deferred Retirement Option Plan; to provide3 for an effective date; and to provide for related matters.4 Notice of intention to introduce this Act has been published.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 11:447(A), 786(A), and 1152(A) are hereby amended and reenacted7 to read as follows: 8 §447. Deferred Retirement Option Plan9 A. In lieu of terminating employment and accepting a retirement allowance,10 any member of this system who is eligible for regular retirement may elect to11 participate in the Deferred Retirement Option Plan subject to the provisions of R.S.12 11:447 through 454, except that no member who has less than ten years of13 creditable service in the system on July 1, 2010, shall be permitted to participate14 in the Deferred Retirement Option Plan.15 * * *16 §786. Deferred Retirement Option Plan17 SB NO. 602 SLS 10RS-191 ORIGINAL Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. A. In lieu of terminating employment and accepting a retirement allowance,1 any member of this system who is not covered by R.S. 11:801 who has thirty years2 of service credit at any age, twenty-five years of service credit and is at least age3 fifty-five, or has twenty years of service credit exclusive of military service and is4 at least age sixty-five may elect to participate in the Deferred Retirement Option5 Plan. A member with ten years of service credit exclusive of military service and6 who is at least age sixty may elect to participate in the plan, but all benefits payable7 at any time shall only be calculated using a two percent benefit formula. Any8 member of this system who is covered by the provisions of R.S. 11:801 who has9 thirty years of service credit and is at least age fifty-five or has ten years of service10 credit and is at least age sixty may elect to participate in the Deferred Retirement11 Option Plan. Notwithstanding any provision of law to the contrary, no member12 who has less than ten years of creditable service in the system on July 1, 2010,13 shall be permitted to participate in the Deferred Retirement Option Plan.14 * * *15 §1152. Deferred Retirement Option Plan16 A. In lieu of terminating employment and accepting a service retirement17 allowance pursuant to this Part, any member who has ten or more years of creditable18 service at sixty years of age, twenty-five or more years of creditable service at fifty-19 five years of age, or thirty or more years of creditable service at any age may elect20 to participate in the Deferred Retirement Option Plan and defer the receipt of21 benefits in accordance with the provisions of this Section, except that no member22 who has less than ten years of creditable service credit in the system on July 1,23 2010, shall be permitted to participate in the Deferred Retirement Option Plan.24 * * *25 Section 2. The cost of this Act, if any, shall be funded with additional employer26 contributions in compliance with Article X, Section 29(E)(5)(b) of the Constitution of27 Louisiana.28 Section 3. This Act shall become effective on July 1, 2010; if vetoed by the governor29 SB NO. 602 SLS 10RS-191 ORIGINAL Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. and subsequently approved by the legislature, this Act shall become effective on July 1,1 2010, or on the day following such approval by the legislature, whichever is later.2 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Lauren B. Bailey. DIGEST Present law provides for various options for payment of retirement benefits among which a member of the Louisiana State Employees' Retirement System (LASERS), the Teachers' Retirement System of Louisiana (TRSL), or the Louisiana School Employees' Retirement System (LSERS) may choose upon application for retirement. Present law establishes a Deferred Retirement Option Plan (DROP) for members of each system. Provides that a member who is eligible for regular retirement may, for a limited time after first reaching eligibility, elect to participate in DROP in lieu of terminating employment. Present law DROP provisions generally provide that a DROP participant "freezes" his retirement accruals as of the date he enters DROP and has his "base benefit" calculated. Provides that during participation in DROP, the member continues working and receiving a salary. Further provides that the "base benefit" shall be deposited in a special subaccount within the system's trust fund. Provides that upon termination of DROP participation and employment, the person begins to receive a monthly annuity, and has access to the accumulated DROP balance. Present law provides, among the various payment options, for a retiree who has not participated in DROP to elect to receive an initial lump-sum benefit and an actuarially reduced monthly annuity. Proposed law retains present law but provides that no member who has less than ten years of creditable service on July 1, 2010, in LASERS, TRSL, or LSERS shall be permitted to participate in DROP. Proposed law requires that any cost of proposed law be funded with additional employer contributions in compliance with Art. X, Sec. 29(E)(5)(b) of the state constitution. Effective July 1, 2010. (Amends R.S. 11:447(A), 786(A), and 1152(A))