ENROLLED
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ACT No. 422
Regular Session, 2011
HOUSE BILL NO. 384
BY REPRESENTATIVE PEARSON AND SENATOR GAUTREAUX
A JOINT RESOLUTION1
Proposing to amend Article VII, Section 10(D)(2)(b) of the Constitution of Louisiana, to2
provide for allowable uses of nonrecurring revenue; to provide for the payment of3
unfunded accrued liabilities; to provide for submission of the proposed amendment4
to the electors; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article X, Section 29(C) of the Constitution7
of Louisiana.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state of10
Louisiana, for their approval or rejection in the manner provided by law, a proposal to11
amend Article VII, Section 10(D)(2)(b) of the Constitution of Louisiana, to read as follows:12
ยง10. Expenditure of State Funds13
Section 10.14
* * *15
(D) Appropriations. 16
* * *17
(2) Except as otherwise provided in this constitution, the appropriation or18
allocation of any money designated in the official forecast as nonrecurring shall be19
made only for the following purposes:20
* * *21
(b)(i) Providing for payments against the unfunded accrued liability of the22
public retirement systems which are in addition to any payments required for the23 ENROLLEDHB NO. 384
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annual amortization of the unfunded accrued liability of the public retirement1
systems, as required by Article X, Section 29(E)(2)(c) of this constitution; however,2
any such payments to the public retirement systems shall not be used, directly or3
indirectly, to fund cost-of-living increases for such systems.4
(ii) For Fiscal Years 2013-2014 and 2014-2015 the legislature shall5
appropriate no less than five percent of any money designated in the official forecast6
as nonrecurring to the Louisiana State Employees' Retirement System and the7
Teachers' Retirement System of Louisiana for application to the balance of the8
unfunded accrued liability of such systems existing as of June 30, 1988, in9
proportion to the balance of such unfunded accrued liability of each such system.10
Any such payments to the public retirement systems shall not be used, directly or11
indirectly, to fund cost-of-living increases for such systems.12
(iii) For Fiscal Year 2015-2016 and every fiscal year thereafter the13
legislature shall appropriate no less than ten percent of any money designated in the14
official forecast as nonrecurring to the Louisiana State Employees' Retirement15
System and the Teachers' Retirement System of Louisiana for application to the16
balance of the unfunded accrued liability of such systems existing as of June 30,17
1988, in proportion to the balance of such unfunded accrued liability of each such18
system. Any such payments to the public retirement systems shall not be used,19
directly or indirectly, to fund cost-of-living increases for such systems.20
* * *21
Section 2. Be it further resolved that this proposed amendment shall be submitted22
to the electors of the state of Louisiana at the statewide election to be held on October 22,23
2011.24
Section 3. Be it further resolved that on the official ballot to be used at said election25
there shall be printed a proposition, upon which the electors of the state shall be permitted26
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall27
read as follows:28 ENROLLEDHB NO. 384
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To require in Fiscal Years 2013-2014 and 2014-2015 that five percent of1
money designated in the official forecast as nonrecurring be applied toward2
the balance of the unfunded accrued liability which existed as of June 30,3
1988, for the Louisiana State Employees' Retirement System and the4
Teachers Retirement System of Louisiana. To further require that in Fiscal5
Year 2015-2016 and every fiscal year thereafter that ten percent of such6
nonrecurring revenue be applied to such purposes. (Amends Article VII,7
Section 10(D)(2)(b))8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE