SLS 10RS-476 ORIGINAL
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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. 76
BY SENATOR B. GAUTREAUX
PAROCHIAL EMPLOYEES RET. Limits the ability of certain employees and employers
to participate in the Parochial Employees' Retirement System. (7/1/10)
AN ACT1
To amend and reenact R.S. 11:1903(A)(introductory paragraph), and (2), (5), and (6) and2
1922(G) and to enact R.S. 11:1903(A)(7), relative to the Parochial Employees'3
Retirement System; to provide relative to eligibility to participate in the system; to4
provide for requirements and limitations on such ability; to require a participating5
employer to extend benefits to all employees; to prohibit participation by certain6
employees whose employment is covered by another public system, plan, or fund;7
to specify that an employer with employees eligible for another public system, plan,8
or fund shall not be eligible to enter a participation agreement with this system; to9
provide for an effective date; and to provide for related matters.10
Notice of intention to introduce this Act has been published.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 11:1903(A)(introductory paragraph); and (2), (5), and (6) and13
1922(G) are hereby amended and reenacted and R.S. 11:1903(A)(7) is hereby enacted to14
read as follows: 15
§1903. Admission of taxing districts; district indigent defender programs soil and16
water conservation districts17 SB NO. 76
SLS 10RS-476 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. Any taxing district of a parish that qualifies as an employer pursuant to R.S.1
11:1902(13) or any branch or section of a parish that qualifies as an employer pursuant to2
R.S. 11:1902(13) including a hospital district, water district, library, district indigent3
defender program in this state, or soil and water conservation district in this state is hereby4
authorized to submit for approval by the board of trustees a plan for extending the benefits5
of this Chapter to employees of such district. Each such plan or any amendment thereof shall6
be approved by the board of trustees if it finds that such plan, or such plan as amended, is7
in conformity with such requirements as are provided in regulations of the board of trustees,8
except that no such plan shall be approved unless:9
* * *10
(2)(a) it provides that all services which are performed in the employ of the political11
subdivision or instrumentality, by any employees thereof, shall be covered by the plan; and12
(b) it extends benefits to all employees of the political subdivision or13
instrumentality;14
* * *15
(5) it provides that the political subdivision or instrumentality will make such reports,16
in such form and containing such information, as the board of trustees may from time to time17
require and comply with such provisions as the board of trustees may from time to time find18
necessary to assure the correctness and verification of such reports; and19
(6) it authorizes the system to terminate the plan in its entirety in the discretion of the20
board of trustees if it finds that there has been a failure to comply substantially with any21
provision contained in such plan, such termination to take effect at the expiration of such22
notice and on such conditions as may be provided by regulations of the board of trustees.;23
and24
(7) none of the employees of the political subdivision or instrumentality are25
eligible to participate in another Louisiana public retirement or pension system, plan,26
or fund based on the employee's employment with the political subdivision or27
instrumentality.28
* * *29 SB NO. 76
SLS 10RS-476 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§1922. Persons not eligible for membership; persons becoming eligible for1
membership in other systems2
* * *3
G. Any person who is ineligible for membership in the publicly funded retirement4
system covered by his employment because of his failure to meet physical requirements or5
qualifications shall not be eligible for membership in this system. 6
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor7
and subsequently approved by the legislature, this Act shall become effective on July 1,8
2010, or on the day following such approval by the legislature, whichever is later.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren B. Bailey.
DIGEST
Present law (R.S. 11:1903(A)) provides that any taxing district of a parish or branch of
section of a parish that is an employer may request to enter into a participation agreement
to enroll its employees in Parochial Employees' Retirement System (PERS) provided the
employer's plan for extending benefits to its employees complies with certain requirements.
Proposed law retains present law and requires the employer to extend benefits to all of its
employees. Prohibits approval of a plan for extending benefits if any of the employer's
employees are eligible for membership in another La. public retirement or pension system,
plan, or fund because of their employment with the employer applying to enter an agreement
with PERS.
Present law (R.S. 11:1922(G)) provides that any person who is ineligible for membership
in the publicly funded retirement system (other than PERS) covered by his employment
because of his failure to meet physical requirements or qualifications shall not be eligible
for membership in PERS.
Proposed law provides that any person who is ineligible for membership due to any failure
to meet eligibility requirement or qualification shall not be eligible for membership in PERS.
Effective July 1, 2010.
(Amends R.S. 11:1903(A)(introductory paragraph) and (2), (5), and (6) and 1922(G); Adds
R.S. 11:1903(A)(7))