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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
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A. Any taxing district of a parish that qualifies as an employer pursuant to1
R.S. 11:1902(13) or any branch or section of a parish that qualifies as an employer2
pursuant to R.S. 11:1902(13) including a hospital district, water district, library,3
district indigent defender program in this state, or soil and water conservation district4
in this state is hereby authorized to submit for approval by the board of trustees a5
plan for extending the benefits of this Chapter to employees of such district. Each6
such plan or any amendment thereof shall be approved by the board of trustees if it7
finds that such plan, or such plan as amended, is in conformity with such8
requirements as are provided in regulations of the board of trustees, except that no9
such plan shall be approved unless:10
* * *11
(2)(a) it provides that all services which are performed in the employ of the12
political subdivision or instrumentality, by any employees thereof, shall be covered13
by the plan; and14
(b) it extends benefits to all employees of the political subdivision or15
instrumentality;16
* * *17
(5) it provides that the political subdivision or instrumentality will make such18
reports, in such form and containing such information, as the board of trustees may19
from time to time require and comply with such provisions as the board of trustees20
may from time to time find necessary to assure the correctness and verification of21
such reports; and22
(6) it authorizes the system to terminate the plan in its entirety in the23
discretion of the board of trustees if it finds that there has been a failure to comply24
substantially with any provision contained in such plan, such termination to take25
effect at the expiration of such notice and on such conditions as may be provided by26
regulations of the board of trustees.; and27
(7) none of the employees of the political subdivision or instrumentality28
are eligible to participate in another Louisiana public retirement or pension29 SB NO. 76
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system, plan, or fund based on the employee's employment with the political1
subdivision or instrumentality.2
* * *3
§1922. Persons not eligible for membership; persons becoming eligible for4
membership in other systems5
* * *6
G. Any person who is ineligible for membership in the publicly funded7
retirement system covered by his employment because of his failure to meet physical8
requirements or qualifications shall not be eligible for membership in this system.9
Section 2. Nothing in this Act shall affect agreements existing on or before the10
effective date of this Act.11
Section 3. This Act shall become effective on July 1, 2010; if vetoed by the governor12
and subsequently approved by the legislature, this Act shall become effective on July 1,13
2010, or on the day following such approval by the legislature, whichever is later.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren B. Bailey.
DIGEST
B. Gautreaux (SB 76)
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.
Proposed law provides that nothing in this Act shall affect already existing agreements.
Effective July 1, 2010. SB NO. 76
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(Amends R.S. 11:1903(A)(introductory paragraph) and (2), (5), and (6) and 1922(G); Adds
R.S. 11:1903(A)(7))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Retirement to the
original bill.
1. Provides that nothing in this Act shall affect agreements existing on or before
the effective date of this Act.