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Regular Session, 2011
HOUSE BILL NO. 570
BY REPRESENTATIVE BROSSETT
RETIREMENT/LOCAL: Relative to the Harbor Police Retirement System for the port of
New Orleans, makes comprehensive changes to the provisions of such system
AN ACT1
To amend and reenact R.S. 11:3682, 3683, 3684, 3685, 3686, 3687, 3689, 3690, 3690.2,2
3691, and 3692 and to enact R.S. 11:3688(E),3696, 3697, and 3698, relative to the3
Harbor Police Retirement System for the Port of New Orleans; to provide with4
respect to transfers, reciprocal recognition of service, contributions, service credit,5
membership, benefits, purchase of service credit, reporting requirements, the board6
of trustees, definitions, disability benefits, governance, administration, and unfunded7
liability; to provide an effective date; and to provide for related matters..8
Notice of intention to introduce this Act has been published9
as provided by Article III, Section 13 and Article X, Section10
29(C) of the Constitution of Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 11:3682, 3683, 3684, 3685, 3686, 3687, 3689, 3690, 3690.2, 3691,13
and 3692 are hereby amended and reenacted and R.S. 11:3688(E),3696, 3697, and 3698 are14
hereby enacted to read as follows: 15
§3682 Definitions16
The following words and phrases, as used in this Subpart, unless expressly17
indicated to the contrary or unless a different meaning is plainly required by context,18
shall have the following meanings:19 HLS 11RS-713 ORIGINAL
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(1) "Accumulated contribution" means the sum of all the amounts deducted1
from the compensation of a member and credited to his individual account in the2
Annuity Savings Fund together with regular interest thereon as provided in R.S.3
11:3688 without any interest.4
(2) "Active Member" means a member currently employed as a Harbor5
Police Department officer and either contributing to the Harbor Police Retirement6
System, in the Deferred Retirement Option Plan, employed after pre-2011 Deferred7
Retirement Option Plan and not contributing to the Harbor Police Retirement8
System, or employed after 2011 Deferred Retirement Option Plan and contributing9
to the Harbor Police Retirement System.10
(3) "Active Service" means employed as a current Harbor Police Department11
officer.12
(2) (4) "Actuarial equivalent" means a benefit of equivalent value to the13
accumulated contributions, annuity, or benefits, as the case may be, computed upon14
the basis of such interest and mortality assumptions as are adopted in accordance15
with the provisions of R.S. 11:3688(D).16
(5) "Aggregate Compensation" means total income on which retirement17
contributions are paid.18
(3) "Annuity reserve" means the present value of all payments to be made19
on account of any annuity, or benefit in lieu of any annuity, computed upon the basis20
of such mortality tables as shall be adopted by the Board of Trustees, and regular21
interest.22
(4)(a) (6)(a) "Average compensation" for the limited purpose of applying23
Section 415(b) of the Internal Revenue Code, means the average compensation24
earned by a member for the period of three consecutive years during which the25
member was an active member of the retirement system and had the greatest26
aggregate compensation from the employer.27
(b) "Compensation" for purposes of this Paragraph, means the total28
compensation reportable by the state of Louisiana, its agencies, or its political29 HLS 11RS-713 ORIGINAL
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subdivisions as income to the member for the reported year. However, for the1
limited purpose of this Paragraph, "compensation" shall specifically exclude amounts2
not includable or reported in the member's gross income for federal tax purposes3
pursuant to the provisions of Sections 125 and 414(h) of the Internal Revenue Code4
or any other provision of federal law, such as deferred compensation contributions.5
(5) (7) "Average final compensation" means the average annual earned6
compensation of an employee for any period of thirty-six successive or joined7
months of service as an employee during which the said earned compensation was8
the highest. In case of interruption of employment, the thirty-six-month period shall9
be computed by joining employment periods immediately preceding and succeeding10
the interruption. Effective for members hired on or after July 1, 2011, the earnings11
to be considered for the thirteenth through the twenty-fourth month shall not exceed12
one hundred fifteen percent of the earnings of the first through the twelfth month.13
The earnings to be considered for the twenty-fifth through the thirty-sixth month14
shall not exceed one hundred fifteen percent of the earnings of the thirteenth through15
the twenty-fourth month. The earnings to be considered for the thirty-seventh16
through the forty-eighth month shall not exceed one hundred fifteen percent of the17
earnings of the twenty-fifth through the thirty-sixth month. The earnings for the18
final twelve months shall not exceed one hundred fifteen percent of the earnings of19
the thirty-seventh through the forty-eighth month. The limitations on the20
computation of average compensation contained in this Paragraph shall not apply to21
any twelve-month period during which compensation increased by more than fifteen22
percent over the previous twelve-month period solely because of an increase in23
compensation by a uniform systemwide increase adopted by the state department of24
Civil Service and approved by the governor or because of a pay adjustment enacted25
by the legislature. The sixty-month period for final average compensation and26
anti-spiking provisions are effective for all members hired on or after July 1, 2011.27 HLS 11RS-713 ORIGINAL
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(6) (8) "Beneficiary" means any person designated to receive a pension, an1
annuity, a retirement allowance, or other benefit as provided by this Subpart.2
(7) (9) "Board of trustees" means the board provided for in R.S. 11:3688 to3
administer the retirement system.4
(10) "Contractually agree" means to acknowledge agreement to abide by a5
specified set of terms as evidenced by a signed, written document.6
(8) (11) "Creditable service" means service for which credit is allowable as7
provided in R.S. 11:3684.8
(12) "Deferred inactive" means a member with twelve or more years of9
service who is no longer working. The member will be eligible for retirement upon10
reaching the retirement age for such length of service.11
(9) (13) "Defined benefit plan" means a pension plan established and12
maintained by an employer primarily to provide systematically for the payment of13
definitely determinable benefits to employees over a period of years after retirement14
based upon factors such as years of service and compensation received by15
employees.16
(10) (14) "Defined contribution plan" means a pension plan established and17
maintained by an employer which provides benefits based upon amounts contributed18
to an employee's individual account, plus any earnings allocated to the account, for19
distribution to the employee or his beneficiary either at retirement, after a fixed20
number of years, or upon the occurrence of some special event.21
(15) "Dependent" as it relates to a totally physically handicapped or mentally22
disabled child or children of a deceased member means a child or children who are23
totally dependent upon the legal guardian for both their care and financial support,24
except as provided in R.S. 11:3685.A(2)(c).25
(11) (16) "Direct rollover" means a payment by the system to the eligible26
retirement plan specified by the distributee.27
(12) (17) "Distributee" means a member or former member. In addition, the28
member's or former member's surviving spouse, or the member's or former member's29 HLS 11RS-713 ORIGINAL
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spouse or former spouse with whom a benefit or a return of employee contributions1
is to be divided pursuant to R.S. 11:291(B), are distributees with reference to an2
interest of the member or former member.3
(13) (18) "Earned compensation" means the full amount of compensation4
earned by an employee for a given month upon which retirement contributions are5
calculated, but shall not include overtime.6
(14) (19) "Eligible retirement plan" means an individual retirement account7
described in Section 408(a), an individual retirement annuity described in Section8
408(b), an annuity plan described in Section 403(a), or a qualified trust described in9
Section 401(a), all of the Internal Revenue Code, that accepts the member's eligible10
rollover distribution. However, in the case of an eligible rollover distribution to the11
surviving spouse, an eligible retirement plan is an individual retirement account or12
individual retirement annuity.13
(15) (20) "Eligible rollover distribution" means any distribution of all or any14
portion of the balance to the credit of a member, except that an eligible rollover15
distribution does not include any distribution that is one of a series of substantially16
equal periodic payments not less frequently than annually, made for the life or life17
expectancy of the member or the joint lives or joint life expectancies of the member18
and the member's designated beneficiary, or for a specified period of ten years or19
more, or any distribution to the extent such distribution is required under Section20
401(a)(9) of the Internal Revenue Code, or the portion of any distribution that is not21
includable in gross income.22
(16) (21) "Employee" means any commissioned member or employee of the23
Harbor Police Department of the Port of New Orleans prior to July 1, 2004, or any24
commissioned member of the Harbor Police Department of the Port of New Orleans25
on or after July 1, 2004.26
(17) (22) "Employer" means the Board of Commissioners of the Port of New27
Orleans.28 HLS 11RS-713 ORIGINAL
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(23) "Inactive member" means a member who continues to work after1
participation in the Deferred Retirement Option Plan under pre-2011 Deferred2
Retirement Option Plan provisions. 3
(24) "Inactive membership" means service after participation in the Deferred4
Retirement Option Plan under pre-2011 Deferred Retirement Option Plan provisions.5
(18) (25) "Medical board" means the board of physicians provided for in6
R.S. 11:3688.7
(19) (26) "Member" includes any employees, as defined in Paragraph (16)8
(21) of this Section, included in the membership of this system as provided in R.S.9
11:3683.10
(20) (27) "Membership service" means service as an employee while a11
member of this system.12
(21) (28) "Port commission" means the Board of Commissioners of the Port13
of New Orleans.14
(22) "Prior service" means service rendered prior to August 1, 1971 for15
which credit is allowable as provided in R.S. 11:3684.16
(23) (29) "Qualified participant" means a member of the system who first17
became a member before January 1, 1990.18
(24) (30) "Retirement" means withdrawal from active service with a19
retirement allowance granted under the provisions of this Subpart.20
(25) (31) "Retirement allowance" means any benefit paid to a member under21
R.S. 11:3685(A) or any optional benefit payable in lieu thereof.22
(26) (32) "Retirement system" means the Harbor Police Retirement System23
as established in R.S. 11:3681.24
(27) (33) "Section 401(a)(17) employee" means an employee whose current25
accrued benefit as of a date on or after the first day of the first plan year beginning26
on or after January 1, 1996, is based on compensation for a year beginning prior to27
the first day of the first plan year beginning on or after January 1, 1996, that28
exceeded one hundred fifty thousand dollars.29 HLS 11RS-713 ORIGINAL
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(28) (34) "Service" means service rendered as an employee as described in1
Paragraph (16) (21) of this Section.2
(29) (35) "Social security retirement age" means the age used as the3
retirement age under Title 42, Section 416(l) of the United States Code, except that4
Section 416(l) shall be applied without regard to the age increase factor and shall be5
applied as if the early retirement age under Section 216(l)(2) of the Social Security6
Act was sixty-two.7
(30) (36) "Spouse" means that person who is legally married to the member8
on the member's effective date of retirement or effective date of participation in the9
Deferred Retirement Option Plan, whichever is earlier.10
(37) "Successive or joined months" means successive or joined months with11
any amount of earnings. Months without any earnings are ignored and the month12
immediately previous to and the month immediately after a month without any13
earnings are joined and considered as successive months.14
(31) (38) "Survivor's benefit" means any benefit paid to a survivor of a15
member who died while employed under this Subpart.16
§3683 Membership17
The membership of the retirement system shall be composed as follows:18
(1) All persons who shall become employees as defined in R.S. 11:3682(16)19
after August 1, 1971, except those specifically excluded under Paragraph (3) of this20
Section, R.S. 11:3682(21) shall become members as a condition of their21
employment, provided they are under fifty years of age at the date of employment.22
(2) All persons who are employees as the term is defined in R.S. 11:3682(16)23
on August 1, 1971, shall become members as of that date unless within a period of24
thirty days next following, any such employee shall file with the Board of Trustees25
on a form prescribed by such board a notice of his election not to be covered in the26
membership of the system and a duly executed waiver of all present and prospective27
benefits which would otherwise inure to him on account of his participation in the28
retirement system.29 HLS 11RS-713 ORIGINAL
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(3)(a) All persons who are employees as the term is defined in R.S.1
11:3682(16) who are members of any fund or who are eligible for membership in2
any fund operated for the retirement of employees by the state of Louisiana, or by3
a city, parish, or other political subdivision of the state of Louisiana on August 1,4
1971, shall cease to be members of such fund upon that date and all contributions5
made by these employees to the retirement system of which they are members before6
August 1, 1971, shall be transferred to the Harbor Police Retirement System and7
shall be accompanied by the transfer of all employer contributions previously made8
for their account to such retirement system. All such employees shall then become9
members of the Harbor Police Retirement System with full credit for all such service10
prior to August 1, 1971. Provided, however, that the provisions of this Paragraph11
shall not apply to any person electing not to become a member of this system.12
(b) (2) Any employee who is employed on or after July 7, 2003, who has13
retired from service under any retirement system of this state partly or wholly14
financed by public funds, who is receiving retirement benefits therefrom, and who15
was prohibited from becoming a member of this system upon his initial employment16
solely on this basis shall become a member of this system from the date of his initial17
employment provided he meets met all other eligibility requirements; however, any18
such employee may purchase credit for previous service only in compliance with the19
provisions of R.S. 11:158 relating to actuarial calculation of purchase price.20
(4) (3) Should any member , after becoming a member, be refunded his21
employee contributions or be absent from service for more than five years and not22
be entitled to a deferred annuity as provided in R.S. 11:3685(A) hereof, or should he23
become a beneficiary or die, he shall thereupon cease to be a member.24
§3684. Creditable service25
A. Immediately after the establishment of the system the board of trustees26
shall request all information regarding members from the retirement system in which27
they have previously held membership. Upon verification of the statements of28
service the board shall issue a prior service certificate certifying to each member the29 HLS 11RS-713 ORIGINAL
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length of prior service for which credit shall have been allowed on the basis of these1
certified statements of service. So long as membership continues a prior service2
certificate shall be final and conclusive for retirement purposes as to such service,3
provided that any member may, within one year from the date of issuance or4
modification of such certificate, request the board of trustees to modify or correct his5
prior service certificate.6
B. When membership ceases, such prior service certificate shall become null7
and void. Should the employee again become a member of the system, he shall enter8
the system as an employee not entitled to prior service credit, unless he is granted a9
disability allowance and returns to employment upon recovery. In such case he shall10
be given credit for all previous service including the time he draws disability11
benefits.12
C.(1) A.(1) Creditable service at retirement on which the retirement13
allowance of a member shall be based shall consist of the membership service14
rendered by him since he last became a member, and, also, if he has a prior service15
certificate which is in full force and effect, the amount of service certified on his16
prior service certificate.17
(2) Unused sick and/or annual leave do not count toward retirement18
eligibility but are included in the calculation of retirement benefits. 19
(3) Purchased military service credit only counts toward eligibility for the20
twenty-five year regular retirement option but is included in the calculation of21
retirement benefits under the twelve-year, twenty-year, and twenty-five year22
retirement options. 23
(4) Creditable service will be earned in tenths of a year according to the24
following schedule:25
Last Day WorkedService Credit26
January 1 .127
February 14 .228
March 31 .329 HLS 11RS-713 ORIGINAL
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April 30 .41
May 31 .52
July 14 .63
August 14 .74
September 29 .85
October 29 .96
November 30 1 Year7
D. Anything in this Subpart to the contrary notwithstanding, any person who8
shall have been an employee as defined in R.S. 11:3682(16) any time subsequent to9
September 16, 1940, who shall have entered the armed forces of the United States10
during time of war or have been inducted into said forces in time of peace11
subsequent to said date, shall be entitled to prior service credit for the period that he12
served in the armed forces of the United States, not to exceed four years, provided13
he is not granted credit for such service in any other retirement system, and provided14
he becomes a member of this system on the date of its establishment.15
E B. Conversion of annual and sick leave to retirement credit. As used in16
this Subsection, the term "unused sick leave and unused annual leave" shall mean17
that portion of accrued leave which exceeds the maximum amount of accrued leave18
payable in accordance with state civil service provisions.19
(1) At the time of regular retirement of any a member, after having been paid20
for the number of hours of annual leave payable in accordance with state civil service21
provisions, he shall be given credit for all unused sick and unused annual leave as22
creditable service to be used in computing his retirement benefits, subject to the23
limitation provided in R.S. 11:3685(A)(1)(a). Hours of leave will be converted into24
eight-hour days. Fractional days of four hours or more will be granted as one day;25
less than four hours will be disregarded. Leave will be converted using the following26
table:27
Days of Unused LeaveService Credit28
1-26 .129 HLS 11RS-713 ORIGINAL
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27-52 .21
53-78 .32
79-104 .43
105-130 .54
131-156 .65
157-182 .76
183-208 .87
209-234 .98
235-260 1 Year9
(2) Any Effective July 1, 2008, and for members hired through June 30,10
2011, a member participating in the deferred retirement option plan on July 1, 2008,11
or any member thereafter choosing to enter the deferred retirement option plan as12
provided in R.S. 11:3685(B) shall have the following options:13
(a) Elect to use all unused sick leave and unused annual leave as creditable14
service in computing his deferred retirement option plan benefit.15
(b) Elect to specify a portion of unused sick leave and unused annual leave16
to be used as creditable service in computing his deferred retirement option plan17
benefit.18
(c) Elect to use none of his unused sick leave and unused annual leave as19
creditable service in computing his deferred retirement option plan benefit.20
(d) Upon completion of the term of the deferred retirement option plan and21
termination of employment, after having been paid for the number of hours of annual22
leave payable in accordance with state civil service rules, members may request in23
writing that in lieu of the foregoing conversion of unused sick leave and unused24
annual leave to retirement credit, to be paid for such leave in a lump sum for the25
amount of leave that could otherwise be converted to retirement credit. Alternatively,26
such member who has unused sick leave or unused annual leave that if converted to27
retirement credit would exceed one hundred percent of the member's average28
compensation shall be entitled to be paid for such leave in excess of one hundred29 HLS 11RS-713 ORIGINAL
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percent of average compensation at its actuarial value as if it were converted to1
retirement credit without regard to the one hundred percent cap. Under either of the2
two options authorized by this Subparagraph, the amount paid shall be the actuarial3
value of such leave if converted to retirement credit as determined by the retirement4
system's actuary. The cost for such actuarial determination shall be paid by the5
member. Payment shall be made only upon retirement.6
(3) Upon completion of the term of the deferred retirement option plan and7
termination of employment, after having been paid for the number of hours of annual8
leave payable in accordance with state civil service provisions, such member shall9
have the following options: For members hired on or after July 1, 2011, unused sick10
and annual leave will be converted to service credit only and the conversion will take11
place only upon termination of employment.12
(a) Be given credit for all unused sick leave and unused annual leave as13
creditable service to be used in computing an additional benefit to be added to the14
original deferred retirement option plan benefit.15
(b) Request in writing that in lieu of the foregoing conversion of unused sick16
leave and unused annual leave to retirement credit, he be paid for such leave in a17
lump sum for the amount of leave that could otherwise be converted to retirement18
credit. Alternatively, such member who has unused sick leave or unused annual19
leave that if converted to retirement credit would exceed one hundred percent of the20
member's average compensation shall be entitled to be paid for such leave in excess21
of one hundred percent of average compensation at its actuarial value as if it were22
converted to retirement credit without regard to the one hundred percent cap. Under23
either of the two options authorized by this Subparagraph, the amount paid shall be24
the actuarial value of such leave if converted to retirement credit as determined by25
the retirement system's actuary. The cost for such actuarial determination shall be26
paid by the member. Payment shall be made only upon retirement.27 HLS 11RS-713 ORIGINAL
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(4) The provisions of Paragraphs (2) and (3) of this Subsection shall be1
applicable to any person who participates in the deferred retirement option plan on2
or after July 1, 2008.3
(5) (4) The provisions of this Subsection shall not be applicable to a member4
requesting retirement pursuant to the disability retirement provisions of this Subpart.5
F. C. Any member who has terminated membership in the system for any6
reason and has withdrawn his contributions and who later is reemployed and7
becomes a member of the system, shall after eighteen months of additional service8
and membership, be eligible to obtain credit for his prior service in the system,9
provided that he pay back into the system the amount of the contributions which had10
been refunded to him plus compound interest from the date of the refund until the11
date of repurchase. The compound interest rate to be used in the computation of the12
amount the member must pay back into the system shall be the actuarially assumed13
interest rate in the most recent actuarial valuation as stipulated in R.S. 11:3688.14
D. Purchase of additional years service credit. This provision shall be15
effective July 1, 2011. Any member of the system who has credit in the system for16
at least five years of service shall be eligible to obtain credit for up to five years of17
service credit in one year increments provided that he shall apply to the system for18
such credit and pay to the system the amount which totally offsets the increase in19
accrued liability of the system resulting from the receipt of the credit by the member.20
The amount to be paid shall be paid in one lump sum, and no service credit shall be21
given to the member until or unless the amount is paid in full. Any credit purchased22
pursuant to this Subsection shall be used for calculation of benefits only and shall not23
be used for purposes of attaining eligibility for retirement. Any military service24
credit purchased shall not count against the maximum of five years of service credit25
available for purchase under this paragraph. 26
E. Purchase of credit for military service.27
This provision shall be effective for members hired on or after July 1, 2011.28 HLS 11RS-713 ORIGINAL
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(1) Any member shall be eligible to purchase credit for regular or non-1
regular military service, subject to the provisions of this Section.2
(2) For purposes of this Section:3
(a) Regular military service shall mean any state or federal full-time active4
duty military service.5
(b) Non-regular military service shall mean any state or federal military6
service, which is not regular service, for which retirement points are assigned for7
participation in such service, and shall include but not be limited to duty served in8
the state national guard, coast guard, or any reserve component of the United States9
armed forces.10
(3)(a)(i) Any member shall be entitled to purchase credit for up to four years11
of either regular or non-regular military service, or a combination of both not12
exceeding four years total, provided an application is filed together with proof of the13
inclusive dates of military service performed.14
(ii) Credit for regular service shall be based on one day of retirement credit15
for each day of full-time active duty service.16
(iii)(aa) Credit for non-regular service shall be based on one day of17
retirement credit for each one of the member's accrued retirement points.18
(ii)(bb) Any member seeking to purchase credit for non-regular military19
service shall also submit with his application to purchase such credit an official copy20
of the record of his retirement points as maintained by the member's respective21
military branch.22
(b) In order to purchase such credit for military service, the member shall23
pay into the system the amount which totally offsets the increase in accrued liability24
of the system resulting from the receipt of the credit by the member. The amount to25
be paid shall be paid in one lump sum.26
(4)(a) No member shall be entitled to purchase credit for military service if27
he has previously received credit for such service in any other public retirement28 HLS 11RS-713 ORIGINAL
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system domiciled in this state from which plan the member is receiving any form of1
retirement benefits.2
(b)(i) Except as provided in Subparagraph (b) of this Paragraph, no member3
shall be entitled to purchase credit for military service if he has previously received4
credit for such service in any retirement system for members of the armed forces of5
the United States from which plan the member is drawing a regular retirement6
benefit.7
(ii) Any member who is receiving retirement benefits pursuant to the8
provisions of Chapter 1223 of Title 10 of the United States Code shall be eligible to9
purchase credit for military service pursuant to the provisions of this Section, and10
any such service being purchased may be regular or non-regular service, provided11
that the service being purchased was rendered prior to the initial date of employment12
which made him eligible to participate in the Harbor Police Retirement System.13
(5)(a) Military service shall not be used for purposes of acquiring eligibility14
for disability or survivor's benefits and shall only be used for purposes of acquiring15
eligibility for normal retirement benefits.16
(b) Military service credit shall not be computed until after the completion17
of twenty full years of service. In addition, such military service credit shall not be18
used to meet the minimum eligibility requirement of any regular retirement of less19
than twenty-five years.20
(6) Military service credit shall not be used as the highest sixty successive21
months, or as the highest sixty joined months of employment where interruption of22
service occurred, in computing the average compensation for retirement benefit23
computation.24
(7) No member who has been released or discharged from service under less25
than honorable conditions shall be eligible to purchase credit for military service26
pursuant to the provisions of this Section.27
§3685 Benefits28 HLS 11RS-713 ORIGINAL
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A.(1)(a) Any member of this system who has completed at least twenty years1
of creditable service and attained the age of forty-five years, or any member who has2
completed at least twenty-five years of creditable service regardless of age, or any3
member who has completed at least ten years of service and attained the age of sixty4
years, or any member who has completed at least twelve years of creditable service5
and has attained the age of fifty-five years, shall be entitled to retire from service and6
upon such retirement shall be paid a retirement allowance equal to three and7
one-third percent of his average final compensation multiplied by his years of8
creditable service, not to exceed one hundred percent of his final salary. Members9
of this system shall be entitled to retire from service and upon such retirement shall10
be paid a retirement allowance equal to three and one-third percent (or the applicable11
accrual rate when earned, if different) of their average final compensation multiplied12
by their years of creditable service, not to exceed one hundred percent of their final13
salary, if they meet one of the following retirement eligibility options: 14
(i) Twenty years at age forty-five.15
Complete at least twenty years of creditable service and attained the age of16
forty-five years. Effective for members hired before July 1, 2011.17
(ii) Actuarially reduced twenty years at any age.18
Effective for members hired on or after July 1, 2011. Completed at least19
twenty years of creditable service at any age, exclusive of purchased military service20
and unused annual and sick leave, but any person retiring under this Paragraph shall21
have his benefit, inclusive of purchased military service credit and allowable unused22
annual and sick leave, actuarially reduced. Any member retiring under this23
Paragraph who is in state service at the time of his retirement shall have his benefit24
actuarially reduced from the earliest age that he would normally become eligible for25
a regular retirement benefit under Paragraph (ii) or (iii) of this Subsection if he had26
continued in service to that age. Any member retiring under this Paragraph who is27
out of state service at the time of his retirement shall have his benefit actuarially28
reduced from the earliest age that he would normally become eligible for a regular29 HLS 11RS-713 ORIGINAL
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retirement benefit under Paragraph (ii) or (iii) of this Subsection based upon his1
years of service as of the date of retirement. Any employee who elects to retire2
under the provisions of this Paragraph shall not be eligible to participate in the3
Deferred Retirement Option Plan or the Initial Benefit Option. 4
(iii) Twenty-five years at any age.5
Completed at least twenty-five years of creditable service regardless of age,6
inclusive of purchased military service but exclusive of unused sick leave and unused7
annual leave. 8
(iv) Ten years at age sixty.9
Any member who has completed at least ten years of service and attained the10
age of sixty years and hired on or after July 1, 2011.11
(v) Twelve years at age fifty-five.12
Completed at least twelve years of creditable service and has attained the age13
of fifty-five years exclusive of purchased military service and exclusive of unused14
sick leave and unused annual leave.15
(vi) Early Retirement.16
This provision is effective for all members hired on or after July 1, 2011.17
Any member who retires before reaching the age of fifty will have his retirement18
actuarially reduced by the number of years needed to reach age fifty.19
(b) Any member hired before July 1, 2011 who has completed ten or more20
years of creditable service or hired on or after July 1, 2011 who has completed21
twelve or more years of creditable service, with less than thirty years of creditable22
service, shall be entitled to leave his contributions in the retirement system and23
remain a member, and shall be entitled to a retirement benefit beginning at the age24
for which he qualified based on his years of creditable service. Any member who25
leaves with less than the applicable ten or twelve years of service shall be paid the26
balance of his employee contributions upon leaving.27
(2) Survivor benefits.28 HLS 11RS-713 ORIGINAL
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Benefits shall be payable to survivors of a deceased member, with at least1
five years of creditable service, who dies before retirement as specified in the2
following:3
(a) If a member dies while employed and leaves a surviving spouse and has4
twelve or more years of creditable service he will be deemed to have exercised5
retirement Option 2 on the date of death. The benefit is payable for the life of the6
surviving spouse, regardless of remarriage. This provision is effective July 1, 2011.7
(b) If a member dies with less than twelve years of service, the benefit is8
paid as follows:9
(a) (i) The surviving eligible widow without children shall be paid monthly10
benefits equal to forty percent of the average final compensation of the member prior11
to his death; however, if the surviving spouse remarries, such benefits shall cease.12
(b) (ii) The surviving eligible widow of a deceased member who dies leaving13
one or more children under eighteen years of age shall be paid monthly benefits14
equal to forty percent of the final average compensation of the member prior to his15
death plus the greater of two hundred dollars per month per child or ten percent of16
the final average compensation of the member prior to his death per child up to a17
combined maximum of sixty percent (spouse and children) of the average final18
average compensation of the member prior to his death; however, if the surviving19
spouse remarries or the surviving children reach the age of eighteen, such benefits20
shall cease. If the benefits cease due to the latter cause the surviving widow shall21
thereafter receive the benefits specified in Subparagraph (a) of Paragraph (2) of this22
Subsection.23
(c) (iii) If the deceased member was married and leaves surviving children24
under eighteen years of age but no surviving widow, the surviving children shall be25
paid monthly benefits equal to forty percent of the final average compensation of the26
member prior to his death for one child and sixty percent of the average final average27
compensation of the member prior to his death, for two or more children, with a28
benefit to be paid until such time as the youngest child reaches the age of eighteen29 HLS 11RS-713 ORIGINAL
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years. Benefits shall cease for children when they reach age eighteen. When there1
is only one surviving minor child remaining, the benefit will be reduced back to forty2
percent of the final average compensation of the member prior to his death, to be3
paid until such time as the child reaches the age of eighteen years.4
(c)(i) A surviving totally physically handicapped or mentally disabled child5
or children of a deceased member, whether under or over the age of eighteen years,6
shall be entitled to the same benefits, payable in the same manner as are provided by7
this Part for minor children, if the totally physically handicapped or mentally8
disabled child is totally dependent upon the surviving spouse or other legal guardian9
and is not receiving state or federal assistance. Should it be determined that the10
totally physically handicapped or mentally disabled child is receiving state or federal11
assistance, then his benefit shall be reduced to an amount which, when added to the12
state or federal assistance being received, does not exceed the maximum survivor13
benefit payable under 3685.A(2)(b). 14
(ii) The applicant shall provide adequate medical proof of handicap or15
mental disability of such surviving child or children and shall notify the board of any16
subsequent changes in the child's condition to such an extent that the child is no17
longer totally dependent upon the surviving spouse or legal guardian, and any18
changes in the assistance being received from state or federal agencies. The19
surviving spouse or other legal guardian shall provide by May first of each calendar20
year a certified and notarized statement of each child's eligibility status and a report21
of all other assistance each child receives as soon as the child's condition and/or22
assistance received changes. Should the surviving spouse or other legal guardian23
not submit such a statement for any totally physically handicapped or mentally24
disabled child over the age of eighteen by May first, the allowance shall be25
discontinued, without retroactive reimbursement, until such time as the statement is26
filed. Should the non-submittal continue for the remainder of the calendar year, all27
rights in and to the allowance shall be revoked by the board of trustees.28 HLS 11RS-713 ORIGINAL
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(d) If a member dies leaving no surviving spouse or children, his mother1
and/or his father who were dependent upon him as their sole means of support shall2
be paid monthly benefits equal to forty percent of the average final compensation of3
the member prior to his death.4
(e) Provided that in the case of death of any member resulting from injury5
received in line of duty survivors' benefits shall be paid regardless of number of6
years of service and shall be sixty percent of his final salary, or effective July 1,7
2011, if the member has twelve or more years of creditable service he may receive8
the greater of sixty percent of the benefit payable under retirement option two. The9
benefit shall be payable to his widow until she remarries or to his surviving children10
under eighteen years of age if there is no eligible surviving widow; or to his11
surviving parents if there is no eligible surviving widow or child.12
(f) Whenever a disability retiree dies, his or her survivor shall be paid a13
one-time lump sum benefit equal to six times the value of the monthly benefit14
payments being received by the retiree at the time of death.15
(3)(a) Should a member cease to be an employee except by death or16
retirement under the provisions of this Subpart, he shall be paid the amount of the17
accumulated contributions standing to the credit of his individual account. Should18
a member die before retirement and not be entitled to survivors' benefits, the amount19
of his accumulated contributions standing to the credit of his individual account shall20
be paid to his estate or to such person as he shall have nominated by written21
designation, duly executed and filed with the Board of Trustees. 22
(b) Should a retired member die, without having received in retirement23
benefits an amount equal to his accumulated contributions standing to his credit at24
the date of his retirement, and leave no eligible survivors, any balance remaining to25
his credit shall be paid to his designated beneficiary or, if none, his estate.26
B. The provisions of this Subsection shall apply to those persons enrolled in27
the deferred retirement option plan prior to July 1, 1995.28 HLS 11RS-713 ORIGINAL
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(1) In lieu of terminating employment and accepting a service retirement1
under this Subpart, any member of this system who has not less than twenty years2
of creditable service and who is eligible to receive a service retirement allowance3
may elect to participate in a deferred retirement option plan as provided for below4
and defer the receipt of benefits in accordance with the provisions of this Section.5
(2) For purposes of this Section, creditable service shall not include service6
credit reciprocally recognized under R.S. 11:142.7
(3) The duration of participation in the plan shall be specified and shall not8
exceed five years.9
(4) A member may participate in the plan only once.10
(5) Upon the effective date of the commencement of participation in the11
plan, active membership in the system shall terminate. Employer contributions shall12
continue to be payable by the employer during the member's participation in the13
plan, but payment of employee contributions shall cease upon the effective date of14
the member's commencement of participation in the plan. For purposes of this15
Section, compensation and creditable service shall remain as they existed on the16
effective date of commencement of participation in the plan. The monthly retirement17
benefits that would have been payable, had the member elected to cease employment18
and receive a service retirement allowance, shall be paid into the deferred retirement19
option plan account. Upon termination of employment, deferred benefits shall be20
payable as provided by Paragraph (B)(8).21
(6) The deferred retirement option plan account shall earn interest not to22
exceed two percent less than the realized rate of investment return earned by the fund23
for that year. A person who participates in this program shall have credited to his24
DROP account the same annual cost of living increase that he would have received25
had the member been a retiree in the system as provided in Subsection C of this26
Section.27
(7) The deferred retirement option plan account shall not be subject to any28
fees or charges of any kind for any purpose.29 HLS 11RS-713 ORIGINAL
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(8) Upon termination of employment at the end of the specified period of1
participation, a participant in the program shall receive, at his option, a lump sum2
payment from the account equal to the payment to the account; or a true annuity3
based upon his account; or he may elect any other method of payment if approved4
by the board of trustees. In the event a member elects to receive a true annuity, or5
any other method of payment approved by the board of trustees, funds will be6
transferred from the DROP account into the Annuity Reserve Account to provide for7
the annuity payments.8
(9) If a participant dies during the period of participation in the program, a9
lump sum payment equal to his account balance shall be paid to his named10
beneficiary, or if none, to his estate.11
(10)(a) If employment is not terminated at the end of the period specified for12
participation, payments into the account shall cease.13
(b) Payments from the account shall not be made until employment is14
terminated, nor shall the monthly benefits being paid into the fund during the period15
of participation be payable to the individual until he terminates employment.16
(11)(a) If employment is not terminated at the end of the period specified for17
participation, he shall resume active contributing membership in the system.18
(b) Upon termination of employment, the monthly benefits which were being19
paid to the fund shall begin to be paid to him.20
(c) Upon termination of employment, he shall receive an additional21
retirement benefit based on his additional service rendered since termination of22
participation in the fund, using the normal method of computation of benefit, subject23
to the following:24
(i) If his period of additional service is less than thirty-six months, the25
average compensation figure used to calculate the additional benefit shall be that26
used to calculate his original benefit.27 HLS 11RS-713 ORIGINAL
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(ii) If his period of additional service is thirty-six months or more, the1
average compensation figure used to calculate the additional benefit shall be based2
on his compensation during the period of additional service.3
(iii) The option used shall be that applicable to the original benefit.4
(iv) In no event shall the additional benefit exceed an amount which, when5
combined with the original benefit, equals one hundred percent of the average6
compensation figure used to compute the additional benefit.7
C. B. The provisions of this Subsection shall apply to those persons who8
were hired before July 1, 2011, and who enrolled in the Deferred Retirement Option9
Plan on or after July 1, 1995.10
(1) As governed by the provisions of this Subsection, there exists as a part11
of this retirement system, an optional account known as the Deferred Retirement12
Option Plan, which may be cited as the "DROP".13
(2) The provisions of this Subsection are applicable with respect to those14
otherwise eligible members of the retirement system who were hired before July 1,15
2011, and whose election to participate in the DROP occurs on or after July 1, 1995.16
(3) The purpose of the DROP is to allow, contractually, in lieu of immediate17
termination of employment and receipt of a service retirement allowance, continued18
employment for a specified period of time, coupled with the deferral of receipt of19
retirement benefits until the end of such period of participation, at which time20
employment is to cease.21
(4)(a) Participation in the DROP is an option available to any member of this22
retirement system who is eligible to retire immediately with a service retirement23
allowance from this retirement system and has either of the following:24
(i) Twelve years of creditable service, excluding unused sick and annual25
leave, and purchased military service credit and has attained the age of fifty-five.26
(ii) At least twenty-five but not more than thirty years of creditable service27
in this retirement system, including purchased military service credit and excluding28
unused sick and annual leave, in this retirement system.29 HLS 11RS-713 ORIGINAL
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(b) For purposes of this Subsection, creditable service shall not include1
service in another retirement system which is reciprocally recognized by this2
retirement system under authority of R.S. 11:142.3
(5) The election to participate in the DROP shall be exercised on or before4
the applicant's attaining thirty years of creditable service, or the option to so5
participate is forfeited.6
(6) A member shall participate in the DROP only once.7
(7) The duration of participation in the DROP shall be for a specified period8
of time, which shall not exceed either of the following:9
(a) Five years.10
(b) A number of years which, when added to the number of years of11
creditable service for which the member has credit in this retirement system, equals12
thirty-five.13
(8) Should the participation period be interrupted by any of the following:14
(a) interruption Interruption through no-fault dismissal15
(b) reduction Reduction in work force16
(c) job Job related disability upon re-establishment of membership, provided17
member has not received any distributions from the DROP account, member shall18
be immediately eligible for resumption of participation for the balance of the19
five-year maximum or the balance of his original DROP participation period, if any.20
(9) The Upon entering the DROP the member shall contractually agree with21
the retirement system to be bound by the provisions of this Subsection. The member22
shall therein specifically agree to cease employment at the end of the specified23
period of participation, and specifically agrees to the results stipulated for failure to24
abide by such terms of the contract.25
(10) Prior to sixty days before the end of the specified period of26
participation, the board of trustees shall give notice of same, by certified mail, return27
receipt requested, to the member.28 HLS 11RS-713 ORIGINAL
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(11) Upon commencement of participation in the DROP, although the1
participant shall remain an active member of this retirement system, neither2
employee nor employer contributions shall be payable to the retirement system.3
Such contributions shall not be payable even if the member violates the terms of this4
contract and does not cease employment at the end of the period of participation as5
agreed, thereby assuming inactive membership status. No additional service or6
additional benefits, other than service credit or benefits attributable to sick leave and7
annual leave, shall be earned.8
(12) Upon commencement of participation, the service retirement allowance9
that would have been payable to the member had the member elected to cease10
employment and receive a service retirement allowance, shall be paid into the11
Deferred Retirement Option Plan Account in lieu of being paid to the member.12
(13) The Deferred Retirement Option Plan Account shall not earn interest13
during the period of participation. However, the The board of trustees shall annually14
set a percentage rate, and its manner of compounding, to represent the interest rate15
that would be earned thereby if same did earn interest. If the member ceases16
employment at the end of the specified period of participation as contractually17
agreed, or dies during or at the end of the specified period of participation as18
contractually agreed, a sum equal to the amount the individual account would have19
earned, if the representative interest rate, as compounded, had been applicable to20
such account, shall be added to this account. Thereafter, the account, if maintained21
as otherwise authorized by this Subsection, shall earn interest at a rate compounded,22
as set annually by the board of trustees. Such actual rate of interest and manner of23
compounding shall be equal to the representative rate and compounding in effect24
actuarial rate of return earned on the system's portfolio for the same period of time25
for each fiscal year as certified by the system's actuary in the actuarial report, less26
one-half of one percent. If the member does not abide by the terms of the contract27
and cease employment at the end of the period of participation as contractually28
agreed, payments into the Deferred Retirement Option Plan Account shall29 HLS 11RS-713 ORIGINAL
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immediately cease and the member shall immediately be paid a lump sum payment1
from the member's individual account balance in the Deferred Retirement Option2
Plan Account equal to its balance, without the addition of any sum representing3
interest receive, at the member's option, any one of the following payment options,4
and such member's DROP account shall be terminated. 5
(a) A lump sum payment from the retiree's individual account balance in the6
Deferred Retirement Option Plan Account equal to its balance.7
(b) A life annuity based upon the account balance. 8
(c) Any other method of payment if approved by the board of trustees.9
Such member shall not be considered as retired, but shall remain as a member10
of the retirement system, in an inactive status. Only upon actual cessation of11
employment shall the member be considered as a retiree and entitled to the receipt12
of retirement benefits. This The DROP account shall not be subject to any fees or13
charges of any kind for any purpose, except as otherwise provided herein.14
(14) If the member remains an employee for a specified the period of15
participation in the DROP and then immediately thereafter terminates employment,16
the member shall become a retiree and shall receive, at the retiree's option, any one17
of the following:18
(a) A lump sum payment from the retiree's individual account balance in the19
Deferred Retirement Option Plan Account equal to its balance.20
(b) A life annuity based upon the account balance.21
(c) Any other method of payment if approved by the board of trustees.22
The payments that were being made into the Deferred Retirement Option23
Plan Account in lieu of a retirement allowance shall thereafter be paid to the retiree.24
(15) If the member terminates employment prior to the end of the specified25
period of participation, the member shall immediately become a retiree and shall26
receive, at the retiree's option, any one of the following:27
(a) A lump sum payment from the retiree's individual account balance in the28
Deferred Retirement Option Plan Account equal to its balance.29 HLS 11RS-713 ORIGINAL
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(b) A life annuity based upon the account balance.1
(c) Any other method of payment if approved by the board of trustees.2
The payments that were being made into the Deferred Retirement Option3
Plan Account in lieu of a retirement allowance shall thereafter be paid to the retiree.4
(16) If the member dies during the period of participation and the member's5
named beneficiary is the member's surviving spouse with whom the member was6
legally married at the time of the member's death, the named beneficiary shall7
receive, at the beneficiaries option, any one of the following:8
(a) A lump sum payment from the retiree's individual account balance in the9
Deferred Retirement Option Plan Account equal to its balance.10
(b) A life annuity based upon the account balance.11
(c) Any other method of payment if approved by the board of trustees.12
Normal survivor Retirement benefits are payable to survivors of retirees shall13
be payable the beneficiary, if any, in accordance with the retirement option selected.14
(17) If the member dies during the period of participation and the member's15
named beneficiary is someone other than the member's surviving spouse to whom16
the member was legally married at the time of the member's death, the named17
beneficiary shall receive a lump sum payment equal to the member's individual18
account balance in the Deferred Retirement Option Plan Account. Normal survivor19
Retirement benefits are payable to survivors of retirees shall be payable the20
beneficiary, if any, in accordance with the retirement option selected.21
(18) If the member dies during the period of participation and a beneficiary22
was not named, the member's estate shall receive a lump sum payment equal to the23
member's individual account balance in the Deferred Retirement Option Plan24
Account. Normal survivor Retirement benefits are payable to survivors of retirees25
shall be payable the beneficiary, if any, in accordance with the retirement option26
selected.27
C. The provisions of this Subsection shall apply to members hired on or after28
July 1, 2011. 29 HLS 11RS-713 ORIGINAL
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(1)(a) In lieu of terminating employment and accepting a retirement1
allowance, any member of this system who is eligible for regular retirement may2
elect to participate in the DROP. For purposes of participation in the DROP,3
"regular retirement" shall mean 3685.A(1)(a)(ii) or (iii) retirement.4
(b) An election to participate in the DROP may be made only once and must5
be for a specified period not to exceed three years. The three-year period begins6
within sixty calendar days after the member first becomes eligible for regular7
retirement under the retirement provisions applicable to the member. The8
participation period must end not more than three years from the date the member9
first becomes eligible for regular retirement, and in no case shall the actual10
participation in the plan exceed three years. Once specified, the period of11
participation shall not be extended. A member participating in the DROP shall not12
terminate participation in the DROP prior to the end of the selected duration without13
terminating employment.14
(c) For purposes of this plan, sick and annual leave shall not be converted for15
purposes of establishing eligibility.16
(2)(a) Upon the effective date of commencement of participation in the17
DROP and during the period of participation in the DROP, neither the employee nor18
the employer contributions shall be payable.19
(b) For purposes of this Section, final average compensation and creditable20
service shall remain fixed as they existed on the date of commencement of21
participation in the DROP. Creditable service shall not include conversion of sick22
and annual leave. Purchased military service credit shall apply as provided in23
3685.A(1)(a)(ii) and (iii).24
(c) Retirement benefits based on final average compensation and creditable25
service as established under Subsection (b) of this Section and which otherwise26
would have been due the participant shall, during the period of participation in27
DROP, be credited to the participant's DROP subaccount.28 HLS 11RS-713 ORIGINAL
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(d) Individuals who participate in the plan shall not receive the benefit of any1
cost-of-living adjustments granted while employed and for a period of one year2
following termination of employment and then such cost-of-living adjustment shall3
only be granted in accordance with R.S. 11:3685.D.4
(3)(a) The DROP shall be a part of the system fund. 5
(I) The contributing period shall mean that time period during DROP6
participation when retirement funds are being credited to the participant's DROP7
subaccount maintained by the system.8
(ii) The investment period shall mean the period of time after the9
contributing period ends through the end of employment. 10
(b)(I) Management of the DROP funds shall be by the system during the11
contributing period. 12
(ii) At the end of the contributing period, the balance of the subaccount shall,13
at the election of the participant prior to participation in the plan, be transferred to14
either the self-directed subaccount or to a system subaccount, maintained and15
managed by the system, in accordance with the terms in this section. The16
participant's election shall be irrevocable. If no election is made, the participant shall17
be deemed to have elected to enter the self-directed portion of the plan. 18
(iii) Both subaccounts shall be within the DROP established pursuant to this19
Section. If the funds are transferred to the self-directed subaccount for the20
investment period, the system is authorized to hire a third-party provider who shall21
be an agent of the system for purposes of investing balances in the self-directed22
subaccounts of the participants.23
(c) The system or the third party provider shall maintain the DROP24
subaccounts within this plan reflecting the credits attributed to each participant in the25
plan during the contributing and investment periods as applicable. All monies in the26
DROP subaccounts, while the participant is employed, shall remain a part of the27
fund, regardless of in which subaccount the monies are maintained, until disbursed28 HLS 11RS-713 ORIGINAL
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to a participant in accordance with the plan provisions upon termination of1
employment.2
(d) Interest shall not be credited to a participant's DROP subaccount during3
the contributing period. All amounts which remain credited to the individual's4
DROP subaccount after termination of participation in the plan and employment5
shall be disbursed as provided in R.S. 11:3685(C)(4) - (7)___.6
(4)(a) Upon termination of participation in both the DROP and employment,7
a participant shall:8
(i) At the participant's option, receive either a lump sum payment equal to9
the amount then credited to his individual DROP subaccount, or a life annuity based10
on his individual DROP subaccount balance, or any other method of payment that11
is approved by the board, and12
(ii) Begin to receive regular monthly retirement benefits based on the13
retirement option selected at the time of election to participate in the DROP, as14
adjusted pursuant to Subsection (d) of this Section.15
(b) Upon termination of participation in the DROP but not employment,16
credits to the DROP subaccount shall cease and no retirement benefits shall be paid17
to the participant until employment is terminated. If the participant chooses to enter18
the self-directed portion of the plan the balance in the participant's DROP subaccount19
shall be placed in a self-directed subaccount in the name of the participant as20
provided for in R.S. 11:3685.H, and the participant shall then be bound by the21
provisions of said Section. If the participant chooses not to enter the self-directed22
portion of the plan, the balance in the participant's subaccount shall be maintained23
and managed by the system in a separate subaccount in his name, subject to the24
provisions of R.S. 11:3685.C(4)(b)(i) - (iii). No payment shall be made based on25
credits in either subaccount until employment is terminated as defined in this26
Section. The participant may continue employment after termination of participation27
in DROP for the sole purpose of accruing a supplemental benefit, and employer and28 HLS 11RS-713 ORIGINAL
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employee contributions shall be made during this period of continued employment1
after DROP. 2
(i) Any individual who becomes eligible to participate in DROP may make3
an irrevocable written election to waive his rights as set forth in Article X, Section4
29 of the Constitution of Louisiana, relative to the interest earned by his DROP5
subaccount. For any such person who has made such irrevocable election and who6
continues employment after DROP, upon termination of participation in the DROP7
his individual DROP subaccount balance in the plan, if managed by the system, shall8
earn interest on those funds at a rate equal to the actuarial rate of return on the9
system's portfolio for each fiscal year as certified by the system's actuary in the10
actuarial report, less one-half of one percent. However, by making such an election,11
the person shall expressly acknowledge that his account shall be debited in the event12
the system's investment portfolio experiences a negative earnings rate. The member13
shall further expressly acknowledge his consent to having the value of his account14
balance permanently reduced as a result of the devaluation of system assets caused15
by such a negative earnings rate. As a precondition of making this election, the16
member shall expressly acknowledge his understanding of the possibility of such17
account reductions. 18
(ii) Any individual who does not elect to waive his rights pursuant to19
Subparagraph (a) of this Paragraph shall have the funds in his DROP account20
governed by the provisions applicable to participants in the self-directed portion of21
the plan. 22
(iii) The board of trustees may make, alter, amend, and promulgate rules23
necessary for the implementation and administration of this Paragraph.24
(c) If the participant dies, whether still participating in DROP or after25
participation but while still employed, his credits and benefits, if any, that are due to26
his beneficiaries shall be payable as if he had retired immediately prior to death and27
his retirement was in accordance with the R.S. 11:3687 option selected.28 HLS 11RS-713 ORIGINAL
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(d) Monthly retirement benefits payable to a participant after termination of1
participation in DROP and termination of employment shall be calculated as follows:2
(i) There shall be a "base benefit" which shall equal the participant's monthly3
credit to the DROP subaccount as calculated at the time of the participant's entry into4
DROP.5
(ii) If the participant does not continue employment after termination of6
participation in DROP, his monthly retirement benefit shall equal his base benefit.7
(iii) If the participant continues employment after termination of8
participation in the DROP for a period of less than sixty months, his monthly9
retirement benefit shall equal his base benefit plus a supplemental benefit based upon10
the service credit for the additional employment, and based upon the final average11
compensation used to calculate the monthly credit to the DROP subaccount. 12
(iv) If the participant continues employment after termination of13
participation in the DROP for a period of sixty months or more, his monthly14
retirement benefit shall equal his base benefit plus a supplemental benefit based upon15
the service credit for the additional employment, and based upon the final average16
compensation for the period of employment after termination of participation in the17
DROP.18
(v) The amount of unused sick and annual leave at the time of termination19
may be converted to retirement credit under the provisions of R.S. 11:3684. If a20
participant continues employment for less than five years after termination of21
participation in the DROP, then unused sick and annual leave shall be used to22
compute a supplemental benefit using the member's final average compensation as23
provided in Paragraph (C)(4)(d)(i) of this Section. If a participant continues24
employment for more than five years after termination of participation in the DROP,25
then unused sick and annual leave shall be used to compute a supplemental benefit26
using the member's final average compensation as provided in Paragraph27
(C)(d)(d)(iv) of this Section.28 HLS 11RS-713 ORIGINAL
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(vi) In no instance shall a supplemental benefit and a base benefit, added1
together, exceed one hundred percent of the applicable final average compensation.2
(5) Once participation in the DROP commences, the election to participate3
is irrevocable and the term of participation may not be extended. Once participation4
in the DROP commences, transfers of service, reciprocal service agreements,5
repaying previously refunded contributions, and purchasing service credit are not6
permitted. Only one period of participation is permitted. Final average compensation7
and election of retirement option are fixed upon commencement of participation and8
may not be changed after entering the DROP.9
D.(1) The board of trustees is authorized to provide a cost-of-living increase10
in any year when either:11
(a) The realized investment return on reserves allocated to retirees exceeds12
the actuarial requirements, provided that the actuarial present value of the13
cost-of-living benefits granted that year, valued over the future lifetimes of such14
retirees' retirement annuities, shall not exceed the aforementioned excess investment15
return and, effective July 1, 2011, further provided that the funded ratio of the plan16
equals or exceeds sixty-five percent.17
(b) The funded ratio equals or exceeds ninety percent. The "funded ratio"18
is the funded ratio as determined under the Projected Unit Credit Actuarial Cost19
Method within the meaning of Statement 27 of the Governmental Accounting20
Standards Board.21
(2) Any such cost-of-living benefits granted to a retiree shall not in total22
exceed three percent of the current benefit being received at the time of the granting23
of the increase for each year of retirement before the year such retiree attains retirees24
under age sixty-five on the date of the increase, and five percent for each year of25
retirement thereafter retirees aged sixty-five or older on the date of the increase.26
Such benefits shall be paid only when funds are available from this source, and27
payments shall be made in such manner and in such amount as may be determined28
by the board of trustees based on the funds available.29 HLS 11RS-713 ORIGINAL
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(3) Any adjustment to benefits for cost-of-living changes made by formal1
action of the board of trustees as provided by this Subsection shall be considered2
amendments to the provisions of the retirement system. If made by formal action of3
the board of trustees, such changes must be disclosed to members of the retirement4
system.5
(4) Cost-of-living adjustments may be granted each January first after at6
least a full year has elapsed after the member has terminated employment and7
benefits began, subject to the limitations contained herein. 8
(5) All members hired on or after July 1, 2011, must also be age sixty or9
older on June thirtieth of the year that a cost-of-living adjustment is approved by the10
trustees in order to qualify for the cost-of-living adjustment.11
E. The benefits provided in this Section shall not be retroactive to any12
period. Further adjustments in benefits may be made each January first after at least13
a full year has elapsed after benefits began, subject to the limitations contained14
herein. Effective July 1, 2011, all increases in benefits affecting this system will be15
applied only to years of service subsequent to the effective date of the increase unless16
stated otherwise in the Act. Statutory changes in benefits do not apply to members17
who have already retired. 18
F. Automatic cost-of-living adjustments. This provision is effective July 1,19
2011. 20
(1)(a) Upon application for retirement or participation in the DROP, any21
member may elect to receive an actuarially reduced retirement allowance plus an22
annual two and one-half percent cost-of-living adjustment. Such an election shall23
be irrevocable after the effective date of retirement or after the beginning date of24
participation in the DROP. The retirement allowance together with the cost-of-living25
adjustment shall be certified by the system actuary to be actuarially equivalent to the26
member's maximum or optional retirement allowance and shall be approved by the27
system's board of trustees.28 HLS 11RS-713 ORIGINAL
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(b) The annual cost-of-living adjustment of such retirees shall be based on1
the retirement allowance received pursuant to the retirement plan option selected by2
the member and the monthly benefit being paid pursuant thereto on the effective date3
of the increase, inclusive of cost-of-living adjustments paid pursuant to this Section,4
but exclusive of cost-of-living adjustments or permanent benefit increases paid5
pursuant to any other provision of law. Cost-of-living adjustments granted under6
3685(D) are not to be included in the calculation of the annual cost-of-living7
adjustment.8
(c)(i) The annual cost-of-living adjustment of any DROP participant shall9
be credited to the participant's DROP subaccount during the participation period.10
(ii) Following participation in the DROP, the annual cost-of-living11
adjustment shall be applied to the monthly benefit allowance amount determined by12
the retirement plan option selected, inclusive of cost-of-living adjustments paid13
pursuant to this Section, but exclusive of cost-of-living adjustments or permanent14
benefit increases paid pursuant to any other provision of law. Cost-of-living15
adjustments granted under R.S. 11:3685(D) are not to be included in the calculation16
of the annual cost-of-living adjustment. The monthly benefit allowance upon17
retirement shall reflect the annual benefit adjustments set forth in this Paragraph.18
(iii) Upon retirement of a DROP participant, the annual cost-of-living19
adjustment shall also be applied to any supplemental benefit earned after the20
participation period in accordance with applicable law.21
(d) If a retiree or DROP participant has chosen an optional retirement22
allowance wherein a spouse who has been designated as beneficiary will receive a23
continuing benefit upon the retiree's or DROP participant's death, the spouse's annual24
cost-of-living adjustment shall be payable based on the spouse's allowance on the25
effective date of the increase. A non-spouse beneficiary will not receive the annual26
cost-of-living adjustments.27
(2) The annual cost-of-living adjustment authorized by Subsection (1)(a) of28
this Section shall be effective annually on the retirement anniversary date of the29 HLS 11RS-713 ORIGINAL
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retiree and shall be payable to any retiree who is age fifty-five or older on the1
anniversary date and not before the retiree would have attained such age on his2
retirement anniversary date if his spouse is receiving the retirement allowance as his3
designated beneficiary.4
(3) Additional cost-of-living adjustments or permanent benefit increases5
granted by the system's board of trustees, as otherwise provided by law, shall be6
computed on the basis of the retiree's benefit amount on the date such cost-of-living7
adjustment or permanent benefit increase is granted. If an additional cost-of-living8
adjustment or permanent benefit increase is scheduled to be effective on the same9
day as the annual cost-of-living adjustment, the annual cost-of-living adjustment10
shall be calculated first.11
(4) Upon application for retirement or participation in the DROP and upon12
certifying that he is contemplating availing himself of the provisions of this Section,13
a member may request that the system provide actuarial estimates of the benefits that14
such member would receive pursuant to Subsection A of this Section for the fifth,15
tenth, and fifteenth year following the member's anticipated retirement date. The16
system shall provide such actuarial estimates to the member upon request.17
G. Initial benefit option.18
This provision is effective July 1, 2011. 19
(1) The initial benefit option provided in this Paragraph is available to a20
member who has not participated in the DROP provided in this Chapter and who21
selects the maximum benefit or one of the options in Paragraphs 3687(A)(2), (3), (4),22
(5), (6), or (7) and, if this initial benefit option is selected, the person shall thereafter23
be ineligible to participate in the DROP.24
(2) If a member selects the initial benefit option provided in this Paragraph,25
the member shall receive an initial benefit plus a reduced monthly retirement26
allowance, provided the initial benefit together with the reduced monthly retirement27
allowance shall be actuarially equivalent to his maximum retirement allowance.28 HLS 11RS-713 ORIGINAL
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(3) The amount of the initial benefit, as determined by the member, shall not1
exceed an amount equal to thirty-six payments of the member's maximum retirement2
allowance.3
(4) The initial benefit shall, at the option of the member, be paid as a4
lump-sum payment or shall be placed in an account in accordance with R.S.5
11:3685(H). 6
(5) The monthly retirement benefit received by the retiree and the7
beneficiary or survivor shall be based on the amount otherwise payable under the8
retirement option selected that is actuarially reduced by an amount calculated to9
offset the cost of the initial benefit.10
(6) If a change in option selection is allowed under the provisions of R.S.11
11:3687(A)(3) or (5), or 11:3687(A)(6) with a similar pop-up provision, or12
11:3687(F), the monthly benefit payable under those provisions shall be actuarially13
reduced in accordance with the provisions of this Paragraph.14
(7) A person who retires under the provisions of disability retirement may15
not select the initial benefit option.16
(8) Cost-of-living adjustments or permanent benefit increases granted by the17
board of trustees to retirees who select the initial benefit option shall be computed18
on the basis of each retiree's regular monthly retirement benefit or on the basis of19
each beneficiary/survivor's benefit based on the option selected as reduced and shall20
not be computed on the initial benefit received.21
H. Self-directed DROP participants' subaccounts.22
This provision is effective for members hired on or after July 1, 2011. 23
(1) Each participant who at his option continues employment after24
participation in the contribution period of the DROP may have the balance of his25
subaccount as of the end of the contribution period transferred to a subaccount to be26
managed by a third-party provider selected in accordance with R.S. 11:3685(H)(5)27
in accordance with the agreement entered into by the system and the third-party28
provider. Each participant who terminates employment, as defined herein, after the29 HLS 11RS-713 ORIGINAL
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contribution period may at his option participate in the self-directed plan under the1
same conditions.2
(2) Each participant in the self-directed portion of this plan agrees that the3
benefits payable to participants are not the obligations of the State of Louisiana, the4
Harbor Police Retirement System, or the Board of Commissioners of the Port of New5
Orleans and that any returns and other rights of the plan are the sole liability and6
responsibility of the participant and the designated provider to which contributions7
have been made. Furthermore, each such participant, in accordance with this8
provision, shall expressly waive his rights set forth in Article X, Section 29(A) and9
(B) of the Louisiana Constitution as it relates to his subaccount in the self-directed10
portion of the plan.11
(3) By participating in the self-directed portion of the plan, the participant12
agrees that he and the provider shall be responsible for complying with all applicable13
provisions of the Internal Revenue Code, and if any violation of that code occurs as14
a result of the participant's participation in this portion of the plan, it will be the15
responsibility and liability of the participant and the provider and not the State of16
Louisiana, the Harbor Police Retirement System, or the Board of Commissioners of17
the Port of New Orleans.18
(4) There shall be no liability on the part of, and no cause of action of any19
nature shall arise against, the State of Louisiana, the Harbor Police Retirement20
System, the Board of Commissioners of the Port of New Orleans, or their agents or21
employees, for any action taken by the participants for choices the participants make22
in relationship to the funds they chose to place in their subaccount balance.23
(5) Selection of providers24
The Board of Trustees of the Harbor Police Retirement System shall select25
a provider which will be authorized to place the DROP participant's subaccount26
balance, after the DROP participation ends, in products that shall be selected by the27
participant. In selecting a provider, the board shall consider, among other things, the28
following:29 HLS 11RS-713 ORIGINAL
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(a) The tax status of the products.1
(b) The portability of the products offered by the provider.2
(c) The types and diversity of products offered by the provider.3
(d) The ability of the designated provider to provide the rights and benefits4
under the products.5
(e) At a minimum, one short-term fixed income option.6
(f) At least one of the fund providers shall maintain an office in the state of7
Louisiana.8
(6) Rules and regulations.9
The system is authorized to adopt regulations under the Administrative10
Procedure Act to implement this plan.11
(7) Renunciation; retirement benefit or allowance.12
The Harbor Police Retirement System is hereby authorized to promulgate13
rules and regulations in accordance with the Administrative Procedure Act to permit14
the irrevocable renunciation of a retirement benefit or allowance. If such rules and15
regulations are adopted, any renunciation thereunder shall be deemed to be made16
pursuant to this Section.17
* * *18
§3686 Disability retirement 19
A. (1) Upon the application of a member to his employer, any Any member20
who has had at least five ten years of creditable service may be retired by the board21
of trustees, not less than thirty and not more than ninety days next following the date22
of filing such application, on a disability retirement allowance, apply for a disability23
retirement, provided that the disability was incurred while the member was an active24
contributing member in active service and provided that the medical board a25
physician as designated below, after a medical examination, shall certify that he is26
mentally or physically incapacitated for the further performance of duty, that such27
incapacity is likely to be permanent, and that he should be retired.28 HLS 11RS-713 ORIGINAL
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(2) Any disability claimed by a member must have been incurred after1
commencement of service in the system. Disability claims shall not be honored in2
the case of preexisting conditions.3
(3) If the application for disability benefits is not filed while the member is4
in service, it shall be presumed that the disability was not incurred while the member5
was an active contributing member in active service. Such presumption may be6
overcome only by clear, competent, and convincing evidence that the disability was7
incurred while the member was an active contributing member in active service.8
(4) If a member is eligible for a regular retirement, other than the 20-year9
actuarially reduced retirement, he is not eligible for disability retirement.10
B. Process for applying for disability retirement.11
(1) Any eligible member who becomes disabled may apply for disability12
benefits to the board of trustees of the retirement system. The board of trustees shall13
require the supervisor of the applicant to submit to the board a report which shall14
include a brief history of the case and the supervisor's opinion as to the applicant's15
present ability to perform the normal duties required of him. 16
(a) The applicant shall accompany his application with certificates from at17
least three physicians certifying that he is unable to perform the duties required of18
him by the head of the division. 19
(b) The disability retirement must be recommended by the superintendent of20
the harbor police.21
(2) The applicant's disability case history shall be examined by a physician22
designated by the board whose area of specialty most closely relates to the nature of23
the claimed disability. The examining physician shall either conduct a medical24
examination of the applicant, or waive the medical examination if obvious and25
overwhelming medical evidence of disability exists to his satisfaction. The cost of26
the examination, including costs of laboratory tests, X-rays, and other such direct27
examination procedures shall be borne by the retirement system.28 HLS 11RS-713 ORIGINAL
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(3) The examining physician shall submit to the board of trustees an in-depth1
report which shall include a medical evaluation and his conclusions as to the2
applicant's claimed disability. Any board designated physician shall have full3
authority to certify total disability in those applicants whom he examines. An4
applicant shall be considered as certified totally disabled if in the in-depth report5
submitted by the examining physician to the board of trustees, the physician declares6
the applicant to be totally incapacitated for the further performance of his normal7
duties and states that such incapacity is likely to be permanent. In the case of partial8
disability, the physician shall indicate the degree of incapacity. 9
(4)(a) Should the examining physician's final certification decision be10
contested by either the applicant or the board of trustees, the contesting party shall11
have the right to a second medical examination if a written appeal is filed with the12
Board of Trustees within thirty days of notification of the certification decision. This13
second examination shall be performed by a board designated physician and shall be14
at the expense of the requesting party. The second physician shall also submit an15
in-depth report to the board of trustees which shall include his medical evaluation16
and conclusions as to the applicant's claimed disability.17
(b) If the second examining physician concurs in the findings and18
recommendations of the first physician, the first physician's original decision on19
certification shall stand as final and binding and shall not be subject to further appeal20
other than through the courts.21
(c) If the second examining physician disagrees with the findings and22
recommendations of the first physician, the two physicians shall select a third23
specialist to conduct another examination and prepare and file a third report in the24
same manner as provided for above. The majority opinion of the three examining25
physicians shall be final and binding and not subject to further appeal other than26
through the courts. The cost of the third medical examination shall be borne by the27
retirement system if the applicant is certified as disabled, or by the applicant if his28
disability claim is denied. 29 HLS 11RS-713 ORIGINAL
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(5) The board of trustees shall review all pertinent information including the1
disability application, the report from the applicant's supervisor, the three physicians'2
statements, the recommendation from the superintendent of the harbor police, and3
the final and binding disability certification(s) and, if the board of trustees4
determines that all requirements for a disability retirement are met, shall retire an5
eligible disability applicant. Disability benefits shall accrue from the filing date of6
the application for disability retirement, or from the day following the exhaustion of7
all sick leave or annual leave claimed by the applicant, whichever is the later.8
B. Benefit amount.9
Any member who has twelve years of creditable service, and who has10
withdrawn from active service prior to the age at which he is eligible to begin11
receiving retirement benefits, shall be eligible in the event of total and permanent12
disability, for the lesser of all non-service related disability benefits, or the normal13
vested retirement benefit for time served. If a member has completed twelve years14
of creditable service, upon attaining the normal vested retirement age, he shall be15
eligible for full normal retirement benefits. To receive such benefits, the member16
shall file an application with the board of trustees of the retirement system. Upon17
commencement of regular retirement benefits, disability benefits shall cease. 18
(1) Upon retirement for disability, a member shall receive a retirement19
allowance if he has attained the age of fifty-five years; otherwise, he shall receive a20
disability benefit which shall be computed as follows:21
(a) In case of total disability of any harbor member resulting from injury22
received in line of duty, a monthly pension of sixty percent of his average salary23
shall be paid to the disabled employee.24
(b) Any member of the system who has become disabled or incapacitated25
because of continued illness or as a result of any injury received, even though not in26
the line of duty, and who has been a member of the system for at least five years but27
is not eligible for retirement under the provisions of R.S. 11:3685 may apply for28
retirement under the provisions of this Section.29 HLS 11RS-713 ORIGINAL
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(1) Any member who becomes totally disabled, and who files for disability1
benefits while in service, who upon medical examination and certification is found2
to be totally disabled solely as the result of injuries sustained in the performance of3
his official duties shall, upon approval of the board of trustees, receive the greater4
of a monthly pension of sixty percent of his average salary or the normal vested5
retirement benefit for time served, with no required minimum number of years of6
credible service. 7
Any disability retiree of the Harbor Police Retirement System who is8
receiving disability benefits as a result of an injury sustained in the line of duty, and9
who, as a result of the disability, is permanently and completely confined to a10
wheelchair for movement of person, is permanently and legally blind as a result of11
an injury suffered in the line of duty, or as a result of his injury is an amputee to such12
a degree as would prevent him from serving as a law enforcement officer, shall be13
exempt from any provision of this Subpart or any other provision of law which14
provides for reduction of benefits if the recipient, subsequent to his disability,15
becomes gainfully employed. 16
(2) Any member who becomes totally disabled, and who files for disability17
benefits while in service, and who upon medical examination and certification is18
found to be totally disabled or incapacitated because of continued illness or as a19
result of any injury received, even though not in the line of duty, and who has been20
a member of the system for at least ten years shall, upon approval of the board of21
trustees, receive a monthly pension of forty percent of his average salary. If a22
member has completed twelve years of creditable service, upon attaining the normal23
vested retirement age, he shall be eligible for full normal retirement benefits. To24
receive such benefits, the member shall file an application with the board of trustees25
of the retirement system. Upon commencement of regular retirement benefits,26
disability benefits shall cease.27
(c) Any disability beneficiary of the Harbor Police Retirement System who28
is receiving disability benefits as a result of an injury sustained in the line of duty,29 HLS 11RS-713 ORIGINAL
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and who, as a result of the disability, is permanently and completely confined to a1
wheelchair for movement of person, is permanently and legally blind as a result of2
an injury suffered in the line of duty, or as a result of his injury is an amputee to such3
a degree as would prevent him from serving as a law enforcement officer, shall be4
exempt from any provision of this Subpart or any other provision of law which5
provides for reduction of benefits if the recipient, subsequent to his disability,6
becomes gainfully employed.7
(2) The applicant shall accompany his application with certificates from at8
least three physicians certifying that he is unable to perform the duties required of9
him by the head of the division.10
(3) Thereafter, upon the recommendation of the head of the division and the11
approval of the board the employee shall be retired on forty percent of his average12
salary.13
C. (3) Any amount received as a compensable wage or lump sum settlement14
under the provisions of the Worker's Compensation Laws or the Federal Social15
Security Act shall be applied as an offset against benefits received under the16
provisions of this Section, under rules prescribed by the Board. The Board shall17
have complete discretion and authority to determine the extent and application of the18
provisions of this Subparagraph.19
(4) Every disability retiree shall submit to the board of trustees by May first20
of every year a notarized annual earnings statement detailing his earned income from21
employment in the previous tax year as well as any Workers Compensation or Social22
Security benefits received in the previous tax year. Should a beneficiary not submit23
such an earnings statement by May first, his allowance shall be discontinued, without24
retroactive reimbursement, until the statement is filed. Should his non-submittal25
continue for the remainder of the calendar year, all his rights in and to his disability26
pension shall be revoked by the board of trustees. Individual private insurance27
settlements, separate retirement accounts, and other similar non-system resources28
except as noted herein shall be specifically exempted from listing on the annual29 HLS 11RS-713 ORIGINAL
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earnings statement and from consideration in any of the calculations in 3685.(5)1
below.2
(5) Should the notarized earnings statement show earnings or income of3
more than the difference between his retirement allowance and his average final4
compensation, then the amount of his pension shall be reduced to an amount, which,5
together with his earnings statement income, shall equal the amount of his average6
final compensation. Should his earnings change, the amount of his pension shall be7
further modified; however, the new pension shall not exceed the amount of the8
pension originally granted nor an amount, which, when his earnings statement9
income and annuity are added together, equals the amount of his average final10
compensation.11
(6) Should the board of trustees determine that a disability retiree is able to12
engage in a gainful occupation paying more than the difference between his13
retirement allowance and the final average compensation then the amount of his14
pension shall be reduced to an amount, which together with his annuity and the15
amount earnable by him, shall equal the amount of his final average compensation.16
Should his earning capacity be later changed, the amount of his pension may be17
further modified; provided that the new pension shall not exceed the amount of the18
pension originally granted nor an amount, which when added to the amount earnable19
by the beneficiary together with his annuity equals the amount of his final average20
compensation. 21
(7) For the purposes of this Section, there shall be an annual cost-of-living22
adjustment to the average final compensation figure used in the modification23
computations in R.S. 11:3686(C)(6). This cost-of-living adjustment shall be based24
upon and directly reflect the annual percentage increase or decrease in the Consumer25
Price Index ___index title to be filled in____for the preceding calendar year. The26
CPI increase or decrease shall be limited to three percent in any one year.27
(8) A disability retiree restored to active service at a salary less than his final28
average compensation shall not become a member of the retirement system.29 HLS 11RS-713 ORIGINAL
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D. C. Certification of continuing eligibility for disability benefits.1
(1) Once each year during the first five years following retirement of a2
member on a disability retirement allowance, and once in every three year period3
thereafter, the Board of Trustees may, and upon his application shall, board of4
trustees shall require any each disability beneficiary retiree who has not yet attained5
the equivalent age of sixty years regular retirement or the age of sixty if the member6
does not have the required number of years of creditable service for a vested regular7
retirement to undergo a medical examination at the retiree's expense, such8
examination to be made at the place of residence of said beneficiary if he is9
immovable or other place mutually agreed upon, by a physician or physicians10
designated by the Board of Trustees board designated specialist. The examining11
physician shall submit a report to the board of trustees certifying that the disability12
retiree is or is not still totally mentally or physically incapacitated for the further13
performance of duty, that such incapacity is or is not likely to be permanent, and14
recommending either the continuation or cessation of the retiree's disability status.15
A contested decision shall be appealed as set out in R.S. 11: 3686(B)(4)(a).16
(2) Should any disability beneficiary retiree who has not yet attained the17
equivalent age of sixty regular retirement or the age of sixty if the member does not18
have the required number of years of creditable service for a vested regular19
retirement refuse to submit to at least one medical examination in any such year by20
a physician or physicians designated by the Board of Trustees, his allowance may21
shall be discontinued until his withdrawal of such refusal, and should his refusal22
continue for one year all his rights in and to his disability pensions may shall be23
revoked by the Board of Trustees.24
(2) Should the Medical Board report and certify to the Board of Trustees that25
such disability beneficiary is engaged in or is able to engage in a gainful occupation26
paying more than the difference between his retirement allowance and the average27
final compensation, and should the Board of Trustees concur in such report, then the28
amount of his pension shall be reduced to an amount, which, together with his29 HLS 11RS-713 ORIGINAL
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annuity and the amount earnable by him, shall equal the amount of his average final1
compensation. Should his earning capacity be later changed, the amount of his2
pension may be further modified; provided, that the new pension shall not exceed the3
amount of the pension originally granted nor an amount, which, when added to the4
amount earnable by the beneficiary together with his annuity, equals the amount of5
his average final compensation. A beneficiary restored to active service at a salary6
less than the average final compensation shall not become a member of the7
retirement system.8
(3) The board of trustees, upon receipt of a final binding report from a9
physician or specialist declaring a retiree's total disability to have ceased, shall order10
the discontinuance of the disability allowance.11
(4) Neither the former receipt of nor the involuntary termination of disability12
benefits shall affect the right of any member to any regular retirement benefits based13
upon age or service to which he is eligible.14
(3) (5) Should a disability beneficiary retiree under the age of fifty-five be15
restored to active service at a compensation not less than his average final average16
compensation, his retirement allowance shall cease, he shall again become a member17
of the retirement system, and he shall contribute thereafter at the same rate he paid18
prior to disability. Any such prior service certificate on the basis of which his19
service was computed at the time of his retirement shall be restored to full force and20
effect, and in addition, upon his subsequent retirement he shall be credited with all21
his service as a member but employer and employee contributions to the retirement22
system shall resume. However, should he be restored to active service on or after the23
attainment of the age of fifty years his pension upon subsequent retirement shall not24
exceed the sum of the pension which he was receiving immediately prior to his last25
restoration and the pension that he would have received on account of his service26
since his last restoration had he entered service at the time as a new entrant.27
E. Should a member cease to be an employee except by death or retirement28
under the provisions of this Subpart, he shall be paid such part of the amount of the29 HLS 11RS-713 ORIGINAL
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accumulated contributions standing to the credit of his individual account in the1
Annuity Savings Fund as he shall demand. Should a member die before retirement2
and not be entitled to survivors' benefits, the amount of his accumulated3
contributions standing to the credit of his individual account shall be paid to his4
estate or to such person as he shall have nominated by written designation, duly5
executed and filed with the Board of Trustees.6
D. When a disability retiree dies, his survivor shall be paid a one-time lump7
sum benefit equal to six times the value of the monthly benefit payment being8
received by the retiree at the time of death. Payment will not be made if there are no9
survivors as defined in R.S. 11:3685.10
§3687 Optional allowance for superannuation retirement11
A. With the provisions that no optional selection shall be effective in case12
a retiree dies within thirty days after retirement, and that such a retiree shall be13
considered as an active member at the time of death; until the first payment on14
account of any benefit becomes normally due, any member may elect to receive his15
the Option 1 maximum benefit in an equal monthly retirement allowance payable16
throughout life, or he may elect to receive the actuarial equivalent at the time, of his17
retirement in a one of the reduced equal monthly retirement allowance allowances18
payable throughout life, Options 2-5 with the provision that:19
(1) Option 1 - Maximum plan.20
If he dies before he has received in annuity payments the present value of his21
member's annuity as it was at the time of his retirement, the balance shall be paid to22
his legal representatives or to such person as he shall nominate by written23
designation duly acknowledged and filed with the Board of Trustees. The benefit24
shall be calculated as the percentage factor in R.S. 11: 3685(A)(1)(a) multiplied by25
the member's average final compensation multiplied by the member's years of26
creditable service. All benefits end upon the death of the member.27
(2) Option 2 - Joint with 100% percent to beneficiary for life.28 HLS 11RS-713 ORIGINAL
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Upon his death, his reduced retirement allowance shall be continued1
throughout the life and paid to such person as he shall nominate by written2
designation duly acknowledged and filed with the Board of Trustees at the time of3
his retirement.4
(3) Option 2A - Joint with 100% to beneficiary for life with pop-up.5
Upon his death, his reduced retirement allowance shall be continued6
throughout the life of, and paid to such person as he shall nominate by written7
designation duly acknowledged and filed with the Board of Trustees at the time of8
his retirement, provided that if the designated beneficiary predeceases the retiree, the9
retiree's reduced benefit shall change to the maximum benefit effective on the first10
day of the next month following the notification of the death of the designated11
beneficiary.12
(4) Option 3 - Joint with 50% to beneficiary for life.13
Upon his death, one-half of his reduced retirement allowance shall be14
continued throughout the life of, and paid to such person as he shall nominate by15
written designation duly acknowledged and filed with the Board of Trustees at the16
time of his retirement.17
(5) Option 3A - Joint with 50% to beneficiary for live with pop-up.18
Upon his death, one-half of the reduced retirement allowance shall be19
continued throughout the life of and paid to such person as he shall nominate by20
written designation duly acknowledged and filed with the Board of Trustees at the21
time of his retirement, provided that if the designated beneficiary predeceases the22
retiree, the retiree's reduced benefit shall change to the maximum benefit effective23
on the first day of the next month following the notification of the death of the24
designated beneficiary.25
(6) Option 4 - Alternate actuarially equivalent benefit.26
Some other benefit or benefits shall be paid either to the member or to such27
person or persons as he shall nominate provided, such other benefit or benefits,28
together with the reduced retirement allowance shall be certified by the actuary to29 HLS 11RS-713 ORIGINAL
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be of equivalent actuarial value to his retirement allowance, and approved by the1
Board of Trustees.2
(7) Option 4A. Some other benefit or benefits shall be paid either to the3
member or to such person or persons as he shall nominate provided, such other4
benefit or benefits, together with the reduced retirement allowance, shall be certified5
by the actuary to be of equivalent actuarial value to his retirement allowance, and6
approved by the Board of Trustees, provided that if the designated beneficiary7
predeceases the retiree, the retiree's reduced benefit shall change to the maximum8
benefit effective on the first day of the next month following the notification of the9
death of the designated beneficiary. 5 - Joint with 100% to beneficiary and10
handicapped child or children for life. This provision is effective July 1, 2011.11
Upon his death his reduced retirement allowance shall be continued12
throughout the life of and paid to the person he nominated by written designation13
and, upon the death of that designated person, his reduced benefit shall be continued14
throughout the life of the deceased member's mentally handicapped child or children,15
but such benefits shall be paid to the guardian of such child or children except as16
provided in Subsection E of this Section. The written designation provided for in17
this Subparagraph shall be duly acknowledged and filed with the board of trustees18
at the time of the member's retirement.19
(8) Option 5A - Joint with 100% to beneficiary and handicapped child or20
children for life with pop-up. This provision is effective July 1, 2011.21
Upon his death his reduced retirement allowance shall be continued22
throughout the life of and paid to the person he nominated by written designation23
and, upon the death of that designated person, his reduced benefit shall be continued24
throughout the life of the deceased member's mentally handicapped child or children,25
but such benefits shall be paid to the guardian of such child or children except as26
provided in Subsection E of this Section. The written designation provided for in27
this Subparagraph shall be duly acknowledged and filed with the board of trustees28
at the time of the member's retirement, provided that if the designated beneficiary29 HLS 11RS-713 ORIGINAL
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and handicapped child or children predecease the retiree, the retiree's reduced benefit1
shall change to the maximum benefit effective on the first day of the next month2
following the notification of the death of the designated beneficiary and handicapped3
children.4
(9) Option 6 - Annual cost-of-living adjustment add-on. This provision is5
effective July 1, 2011.6
In addition to any of the above options, upon application for retirement or7
participation in the DROP, any member may make an election, which is irrevocable8
after the effective date of retirement or the beginning date of participation in the9
DROP, to receive an actuarially reduced retirement allowance plus an annual two10
and one-half percent cost-of-living adjustment pursuant to R.S. 11:3685(F).11
B. A retiree cannot change the designation of beneficiary unless the12
retirement was approved under Option 1.13
C. No change in the option elected by the member, other than to correct14
administrative error, shall be permitted after the application has been officially filed15
with the Board of Trustees.16
D. The For members electing Options 2A, 3A, or 5A, the retiree shall be17
responsible for notifyi ng the retirement system of the death of the beneficiary, to18
furnish the beneficiary's death certificate, and to request the recomputation of19
benefits. Adjustment of benefits under this Subsection shall not be retroactive, and20
shall be effective on the first day of the next month following official approval of the21
application for recomputation of benefits.22
E.(1) This provision is effective July 1, 2011. If a retiree designates a child23
as a beneficiary under Option 2, Option 2A, Option 3, Option 3A, or Option 4, as24
provided in Subsection A of this Section, or if a retiree designates children as25
beneficiaries under Option 5 or Option 5A as provided in Subsection A of this26
Section, and a trust is created under law by the retiree for the benefit of such child27
or children, if the terms of the trust so provide, and if the system is provided with a28
certified copy of the trust document, then the optional retirement allowance payable29 HLS 11RS-713 ORIGINAL
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to a child beneficiary pursuant to this Subsection upon the death of the retiree, or1
upon the death of the retiree and beneficiary under Options 5 and 5A, shall be paid2
to the trust for addition to the trust property.3
(2) If the trust is contested by any party, the system shall withhold all benefit4
payments or deposit them in the registry of the court if a concursus proceeding is5
filed until there is a final binding legal agreement or judgment regarding the proper6
payment of benefits.7
(3) If the trust terminates under the terms of the trust prior to the death of a8
designated child beneficiary, then any optional retirement allowance payable after9
the date of termination of the trust shall be paid as provided for in Subsection A of10
this Section.11
(4) The trustee of the trust shall immediately notify the system in writing of12
the death of a child beneficiary. Upon the death of a child beneficiary, benefit13
payments from the system to the trust on behalf of the deceased child beneficiary14
shall cease.15
(5) For purposes of this Subsection only, the term "child" shall mean a minor16
or major child, regardless of age, who is the issue of a marriage of a member of this17
system, the legally adopted child of a member of this system, a child born outside of18
marriage of a female member of this system, or the child of a male member of this19
system if acknowledged or affiliated pursuant to the provisions of the Civil Code.20
§3688 Administration21
* * *22
E. All service providers including the certified public accountant, actuary,23
legal consultant, bank custodian, investment advisor, and plan administrator shall be24
selected jointly by the board of trustees and the Board of Commissioners of the Port25
of New Orleans.26
* * *27
§3689 Management of funds28 HLS 11RS-713 ORIGINAL
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A. The Board of Trustees board of trustees shall have full power to invest1
and reinvest such funds, subject to the prudent-man rule limitations regarding2
investments set forth in Subtitle I, Chapter 4, Part II, Subpart I of this Title and shall3
have full power to hold, purchase, sell, assign, transfer, and dispose of any of the4
securities and investments in which any of the funds created herein shall have been5
invested, as well as the proceeds of said investments and any monies belonging to6
said funds.7
B. All expense vouchers and pension payrolls shall be certified by the8
Secretary plan administrator. The Secretary plan administrator shall furnish the9
Board of Trustees board of trustees a surety bond in a company authorized to do10
business in Louisiana and in such an amount as shall be required by the Board board,11
the premium to be paid from the Expense Fund.12
C. For the purpose of meeting disbursements for pensions, annuities, and13
other payments there may be kept available cash, not exceeding ten percent of the14
total amount in the several funds of the retirement system, on deposit in one or more15
banks or trust companies of the state of Louisiana organized under the laws of the16
state of Louisiana or of the United States, provided, that the sum of deposit in any17
one bank or trust company shall not exceed twenty-five percent of the paid-up capital18
and surplus of such bank or trust company.19
D. The Board of Trustees board of trustees shall approve the Fiscal Agency20
Bank bank or banks selected for the deposit of the funds and securities of this21
retirement system, provided that no bank shall be selected unless the bank is a fiscal22
agent of the State. The funds and properties of the system held in any bank of the23
State shall be safeguarded by bonds or other securities acceptable for the protection24
of State deposits, the amount to be determined by the Board of Trustees board of25
trustees.26
E. Except as otherwise herein provided, no trustee and no employee of the27
Board of Trustees board of trustees shall have any direct interest in the gains or28
profits of any investment made by the Board of Trustees board, nor as such receive29 HLS 11RS-713 ORIGINAL
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any pay or emolument for his service. No trustee or employee of the Board board1
of trustees shall, directly or indirectly, for himself or as an agent in any manner use2
the same, except to make such current and necessary payments as are authorized by3
the Board of Trustees board; nor shall any trustee or employee of the Board of4
Trustees board become an endorser or surety or in any manner as obligor for moneys5
loaned or borrowed from the Board of Trustees board.6
§3690 Method of financing7
A. All of the assets of the retirement system shall be credited according to8
the purpose for which they are held to one of four funds, namely, the Annuity9
Savings Fund, the Annuity Reserve Fund, the Pension Accumulation Fund, and the10
Expense Fund.11
B. Annuity savings fund. The Annuity Savings Fund shall be the fund in12
which shall be accumulated contributions from the compensation of members to13
provide for their annuities. Contributions to the Annuity Savings Fund shall be made14
as follows:15
A. Employee contributions.16
(1) The port commission shall make deductions from any salary or wages17
paid by them to any member of this fund equal to seven nine percent of the18
compensation paid him in each and every payroll after August 1, 1971.19
(2) The deductions provided for herein shall be made notwithstanding that20
the minimum compensation provided for by law for any member shall be reduced21
thereby. Every member shall be deemed to consent and agree to the deductions22
made and provided for herein and shall receipt for his full salary or compensation,23
and payment of salary or compensation less said deductions shall be a full and24
complete discharge and acquittance of all claims and demands whatsoever for the25
services rendered by such person during the period covered by such payment, except26
as to the benefits provided under this Subpart. The employer shall certify to the27
Board of Trustees board of trustees on each and every payroll or in such other28
manner as the Board of Trustees board may prescribe, the amounts to be deducted;29 HLS 11RS-713 ORIGINAL
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and each of said amounts shall be deducted, and when deducted shall be paid into1
said Annuity Savings Fund, and shall be credited to the individual account of the2
member from whose compensation said deduction was made.3
C. Annuity reserve fund. The Annuity Reserve Fund shall be the fund in4
which shall be held the reserves on all annuities in force and from which shall be5
paid all annuities and all benefits in lieu of annuities, payable as provided in this6
Subpart. Should a beneficiary retired on account of disability be restored to active7
service with a compensation not less than his average final compensation at the time8
of his last retirement, his annuity reserve shall be transferred from the Annuity9
Reserve Fund to the Annuity Savings Fund and credited to his individual account10
therein.11
D. Pension accumulation fund. The Pension Accumulation Fund shall be the12
fund in which shall be accumulated all reserves for the payment of all pensions and13
other benefits payable from contributions made by employers. Contributions to and14
payments from the Pension Accumulation Fund shall be made as follows:15
(1) On account of each member there shall be paid annually into the Pension16
Accumulation Fund for the preceding fiscal year an amount equal to a certain17
percentage of the earnable compensation of each member to be known as the18
"Normal Contribution", and an additional amount equal to a percentage of his19
earnable compensation to be known as the "Accrued Liability Contribution". The20
rate per centum of such contributions shall be fixed on the basis of the liabilities of21
the retirement system as shown by actuarial valuation; subject to the limitation of22
Paragraph D(8).23
(2) The total amount that shall be contributed annually to the pension24
accumulation fund shall be equal to the amount obtained by applying the total rate25
("normal contribution" plus "accrued liability contribution") to the earnable26
compensation of all members. This amount shall be paid as provided in Paragraphs27
D(3) and (4).28
B. Employer contributions.29 HLS 11RS-713 ORIGINAL
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(3) (1) The Port Commission shall annually contribute an amount equal to1
the rate per centum determined herein in accordance with Paragraphs D(4) and (8)2
B(2)and (3). The first contribution under this Subpart shall begin with the fiscal year3
beginning July 1, 1971 and shall be made annually thereafter. Contributions shall4
be made monthly based on the same salary or wages used to calculate the members'5
contributions.6
(4) (2) On the basis of regular interest and of such mortality and other tables7
as shall be adopted by the Board of Trustees, the actuary engaged by the Board to8
make each valuation required by this Subpart during the period over which the9
accrued liability contribution is payable, immediately after making such valuation,10
shall determine the uniform and constant percentage of the compensation of the11
average new entrant, which if contributed on the basis of compensation of such new12
entrant throughout the entire period of active service would be sufficient to provide13
for the payment of any pension payable on his account. The rate per centum so14
determined shall be known as the "normal contribution" rate. After the accrued15
liability contribution has ceased to be payable, the The normal contribution rate shall16
be the rate per centum of the earned salary of all members obtained by deducting17
from the total liabilities of the Pension Accumulation Fund fund the amount of the18
funds in hand to the credit of that the fund and dividing the remainder by one19
percentum of the present value of the prospective future salaries of all members as20
computed on the basis of the mortality and service tables adopted by the Board of21
Trustees board of trustees and regular interest as set forth in R.S. 11:3688(d)(5)(a)(i).22
The normal rate of contributions shall be determined by the actuary after each23
valuation.24
(5) Immediately succeeding the first valuation the actuary engaged by the25
Board of Trustees shall compute the rate per centum of the total annual26
compensation of all members which is necessary to liquidate the amount of the total27
pension liability on account of all members and beneficiaries which is not28
dischargeable by the aforesaid normal contribution made on account of such29 HLS 11RS-713 ORIGINAL
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members during the remainder of the active service. The rate per centum originally1
so determined shall be known as the "Accrued Liability Contribution" rate.2
(6) The total amount payable in each year to the Pension Accumulation Fund3
shall be not less than the sum of the rate per centum known as the "Normal4
Contribution Rate" and the "Accrued Liability Contribution Rate" of the total5
compensation earned by all members during the preceding year and shall not exceed6
the limitation set forth in Paragraph D(8).7
(7) The accrued liability contributions shall be discontinued as soon as the8
accumulated reserve in the Pension Accumulation Fund shall equal the present value,9
as actuarially computed and approved by the Board of Trustees, of the total liability10
of such fund less the present value, computed on the basis of the normal contribution11
rate then in force, of the prospective normal contributions to be received on account12
of all persons who are at that time members.13
(8) (3) The maximum contribution by the employer, Board of14
Commissioners of the Port of New Orleans, shall not exceed thirteen twenty percent15
of the earned compensation of the members in any one year. There Except as16
permitted in R.S. 11:3697, there shall be no contribution by employer other than the17
percentage of earned compensation of the members as provided in this Subpart, and18
subject to the maximum stated above, even in the event that the payment by19
employer should not be sufficient, when combined with the amount in the fund, to20
provide the retirement allowances and other benefits payable out of the fund.21
(9) (C) Court fines.22
All fines collected by any court, official or agency from violators of23
ordinances of the City of New Orleans applicable to the wharves, landings and river24
front of the city or ordinances of the Board of Commissioners of the Port of New25
Orleans, as provided for in R.S. 34:25, shall be transmitted to the board of trustees26
of this system. Such funds shall be used by the board solely for the payment of the27
retirement allowances provided for in Subsections B, C, and D of this Section, and28
such funds shall be supplemented by such other funds as are now or may be hereafter29 HLS 11RS-713 ORIGINAL
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paid into the system on account of members of the harbor police department of the1
Port of New Orleans.2
(10) All pensions, and benefits in lieu thereof, with the exception of those3
payable on account of members who receive no prior service allowance, payable4
from contributions of employees, shall be paid from the Pension Accumulation Fund5
to the Annuity Reserve Fund.6
(11) Upon the retirement of a member not entitled to credit for prior service,7
an amount equal to his pension reserve shall be transferred from the Pension8
Accumulation Fund to the Annuity Reserve Fund.9
(12) (D) Annual expenses.10
The Board of Trustees board of trustees may transfer annually from the11
Pension Accumulation Fund to the Expense Fund incur annual expenses up to a sum12
not to exceed one and one-half percent of the total assets of the system as shown by13
the balance sheet at the end of the last fiscal year.14
E. Expense fund. The Expense Fund shall be the fund from which the15
expenses of the retirement system shall be paid, exclusive of amount payable as16
retirement allowances and other benefits provided therein. Contributions shall be17
made to the Expense Fund as follows. The Board of Trustees shall determine18
annually the amount required to defray such expenses for the ensuing fiscal year and19
shall have the right to transfer the amount required to defray the cost of expenses of20
administration from the amount transferred from the Pension Accumulation Fund.21
F E. Collections of contributions.22
(1) The collection of members' contributions shall be as follows:23
(a) The Port Commission shall cause to be deducted on each and every24
payroll of a member for each and every payroll period subsequent to the date of25
establishment of the retirement system the contributions payable by such member as26
provided in this Subpart.27
(b) The Treasurer, or other officer authorized to issue warrants, shall make28
deductions from salaries of members as provided in this Subpart, and shall transmit29 HLS 11RS-713 ORIGINAL
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monthly the amount specified to be deducted to the Secretary-Manager of the Board1
of Trustees. The Secretary-Manager of the Board of Trustees after making a record2
of all such receipts shall deposit them in a bank or banks selected by the Board of3
Trustees.4
(2) The collection of employers' contributions, if and when assessed or5
required, shall be as follows. Upon the basis of each actuarial valuation provided6
herein, the Board of Trustees shall annually prepare a statement of the total amount7
necessary for the ensuing fiscal year to the Pension Accumulation and Expense8
Funds as provided under Subsections D and E of this Section.9
* * *10
§3690.2 Unclaimed funds, checks, and property; retention by system11
Any unclaimed employee contributions, other funds, checks, or any other12
property held by this system that could be claimed by a member or prior member,13
the member's beneficiary, heirs, or estate shall never be presumed abandoned and14
shall be held continuously by the system for the benefit of such member, prior15
member, the member's beneficiary, heirs, or estate.16
Should this system be merged with another system, such unclaimed employee17
contributions, other funds, checks, or any other property held by this system that18
could be claimed by a member or prior member, the member's beneficiary, heirs, or19
estate shall be transferred to the new system and shall be held continuously by that20
system for the benefit of such member, prior member, the member's beneficiary,21
heirs, or estate.22
§3691 Exemption from execution23
The right of a person to a pension, an annuity, or a retirement allowance, to24
the return of contributions, the pension, annuity, or retirement allowance itself, any25
optional benefit or any other right accrued or accruing to any person under the26
provisions of this Subpart, and the moneys in the various funds created by this27
Subpart, are hereby exempt from any state or municipal tax, and exempt from levy28
and sale, garnishment, attachment, or any other process whatsoever, except as29 HLS 11RS-713 ORIGINAL
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provided in R.S. 11:292, and shall be unassignable except as in this Subpart1
specifically otherwise provided.2
§3692 Protection against fraud 3
A. Any persons who shall knowingly make any false statement or shall4
falsify or permit to be falsified any record or records of this retirement system in any5
attempt to defraud such system as a result of such act shall be guilty of a6
misdemeanor, and on conviction thereof by any court of competent jurisdiction shall7
be punished by a fine not exceeding five hundred dollars or imprisonment in the8
parish jail not exceeding twelve months, or both such fine and imprisonment at the9
discretion of the court subject to criminal prosecution.10
B. Should any change or error in the records result in any member or11
beneficiary receiving from the retirement system more or less than he would have12
been entitled to receive had the records been correct, the Board of Trustees shall13
correct such error, and as far as practicable, shall adjust the payment in such a14
manner that the actuarial equivalent of the benefit to which such member or15
beneficiary was correctly entitled shall be paid.16
* * *17
§3696 Errors and Omissions18
Should any change or error in the records result in any member or beneficiary19
receiving from the retirement system more or less than he would have been entitled20
to receive had the records been correct, the board of trustees shall correct such error,21
and as far as practicable, shall adjust the payment in such a manner that the actuarial22
equivalent of the benefit to which such member or beneficiary was correctly entitled23
shall be paid.24
The corrected benefit amount will be paid going forward. When considering25
corrections to the account of members for past erroneous benefit payments, the26
collection of overpayments and/or payment of underpayments may be waived if (1)27
it is deemed by the trustees to not be cost effective for the system, in relation to the28
amount of the overpayment or underpayment, to attempt to locate the beneficiary or29 HLS 11RS-713 ORIGINAL
HB NO. 570
Page 61 of 61
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
estate of such members and collect the overpayment or pay the underpayment or (2)1
if it is deemed by the trustees to cause an extreme hardship on the member or2
beneficiary.3
§3697 Unfunded Liability 4
A. The board of trustees may accept an annuity from the plan sponsor of up5
to thirty years at an interest rate agreeable to both the board of trustees and plan6
sponsor to fund any unfunded liability. Such annuity will allow for additional7
interim payments of principle from the plan sponsor. Annuity payments will be due8
thirty days after the end of each fiscal year the annuity is in effect.9
§3698 Effective dates10
All benefit changes shall be prospective only unless stated otherwise in the11
Act. Statutory benefit changes shall not apply to members who have already retired.12
Section 2. This Act shall become effective on July 1, 2011; if vetoed by the governor13
and subsequently approved by the legislature, this Act shall become effective on July 1,14
2011, or on the day following such approval by the legislature, whichever is later.15
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)]
Brossett HB No. 570
Abstract: Relative to the Harbor Police Retirement System for the Port of New Orleans,
provides with respect to transfers, reciprocal recognition of service, contributions,
service credit, membership, benefits, purchase of service credit, reporting
requirements, the board of trustees, definitions, disability benefits, governance,
administration, and unfunded liability.
( Amends R.S. 11:3682, 3683, 3684, 3685, 3686, 3687, 3689, 3690, 3690.2, 3691, and 3692;
Adds R.S. 11:3688(E),3696, 3697, and 3698)