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ACT No. 368
Regular Session, 2011
HOUSE BILL NO. 571
BY REPRESENTATIVE ROBIDEAUX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 11:62(4), 203(B)(1), 450(D)(3) and (4), 471.1(C), 613, 614, 616,2
620(A), (B), (C), and (D), 621(B) and (C)(1), 783(A)(3)(a), 786(A), 789(D)(3) and3
(4), 1002(6)(b) and (c), 1141(A) and (C)(1)(a), 1144(B)(4), 1147(C)(2)(a)(ii) and4
(iii) and (b), 1151(A), 1151.1(A) and (C), 1152(A), 1323(C), and 1345.9 and to enact5
R.S. 11:618(D), relative to the Louisiana State Employees' Retirement System, the6
Teachers' Retirement System of Louisiana, the Louisiana School Employees'7
Retirement System, and the State Police Pension and Retirement System; to make8
certain technical, remedial, and substantive changes to provisions of the law affected9
by Act No. 992 of the 2010 Regular Session of the Legislature and other provisions10
of law to conform with such Act; to provide with respect to benefits, survivors'11
benefits, disability benefits, membership, retirement eligibility, Deferred Retirement12
Option Plan participation, retirement options, transfers, and the Hazardous Duty13
Services Plan; to provide an effective date; and to provide for related matters.14
Notice of intention to introduce this Act has been published15
as provided by Article X, Section 29(C) of the Constitution16
of Louisiana.17
Be it enacted by the Legislature of Louisiana:18
Section 1. R.S. 11:62(4), 203(B)(1), 450(D)(3) and (4), 471.1(C), 613, 614, 616,19
620(A), (B), (C), and (D), 621(B) and (C)(1), 783(A)(3)(a), 786(A), 789(D)(3) and (4),20
1002(6)(b) and (c), 1141(A) and (C)(1)(a), 1144(B)(4), 1147(C)(2)(a)(ii) and (iii) and (b),21 ENROLLEDHB NO. 571
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1151(A), 1151.1(A) and (C), 1152(A), 1323(C), and 1345.9 are hereby amended and1
reenacted and R.S. 11:618(D) is hereby enacted to read as follows: 2
§62. Employee contribution rates established3
Employee contributions to state and statewide public retirement systems shall4
be paid at the following rates, except as otherwise provided by law:5
* * *6
(4) Louisiana School Employees' Retirement System:7
(a) Employees whose first employment making them eligible for8
membership in one of the state systems occurred on or before December 31, 20109
June 30, 2010 - 7.5%.10
(b) Employees whose first employment making them eligible for11
membership in one of the state systems occurred on or after January 1, 2011 July 1,12
2010 - 8%.13
* * *14
§203. Teachers' Retirement System15
* * *16
B.(1) A person whose first employment making him eligible for membership17
in one of the state systems occurred on or before December 31, 2010, applying for18
a disability benefit shall have five years of actual credited service in order to qualify19
for a disability benefit. Such member shall not use credit earned while receiving20
workers' compensation in order to meet the minimum five-year eligibility21
requirement.22
* * *23
§450. Termination of participation24
* * *25
D. Monthly retirement benefits payable to a participant after termination of26
participation in the plan and employment shall be calculated as follows:27
* * *28
(3)(a) If Except as provided in Subparagraph (b) of this Paragraph, if the29
participant continues employment after termination of participation in the plan for30 ENROLLEDHB NO. 571
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a period of less than thirty-six months, his monthly retirement benefit shall equal his1
base benefit plus a supplemental benefit based upon the service credit for the2
additional employment, based upon the final average compensation used to calculate3
the monthly credit. If the employment is for less than three months, then the service4
credit shall be rounded to the nearest tenth.5
(b) For a participant whose final average compensation period is more than6
thirty-six months, if the participant continues employment after termination of7
participation in the plan for a period of less than his final average compensation8
period, his monthly retirement benefit shall equal his base benefit plus a9
supplemental benefit based upon the service credit for the additional employment,10
based upon the final average compensation used to calculate the monthly credit. If11
the employment is for less than three months, then the service credit shall be rounded12
to the nearest tenth.13
(4)(a) If Except as provided in Subparagraph (b) of this Paragraph, if the14
participant continues employment after termination of participation in the plan for15
a period of thirty-six months or more, his monthly retirement benefit shall equal his16
base benefit plus a supplemental benefit based upon the service credit for the17
additional employment, based upon the final average compensation for the period of18
employment after termination of participation in the plan.19
(b) For a participant whose final average compensation period is more than20
thirty-six months, if the participant continues employment after termination of21
participation in the plan for a period equal to or longer than his final average22
compensation period, his monthly retirement benefit shall equal his base benefit plus23
a supplemental benefit based upon the service credit for the additional employment,24
based upon the final average compensation for the period of employment after25
termination of participation in the plan.26
* * *27
§471.1. Survivors' benefits; members hired on or after January 1, 201128
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C.(1) In addition to the amount payable in accordance with Subsection B of1
this Section, for the benefit of the surviving minor or handicapped child, or mentally2
disabled child, or children, there shall be paid for each such child, subject to a3
maximum of two children, per month fifty percent of the benefit to which a spouse4
would be entitled under Subsection B of this Section. Benefits shall be payable to5
such children even if no spouse is eligible for survivor benefits, provided the member6
had at least five years of service credit. Benefits for a child shall cease when the7
child is no longer a minor child as defined by this Chapter. No surviving minor child8
shall receive more than one survivor's benefit at any one time. If two benefits are9
applicable, only the larger shall be paid.10
(2)(a) In addition to the amount payable in accordance with Subsection B of11
this Section, the surviving totally physically handicapped or mentally disabled child12
or children of a deceased member, whether under or over the age of eighteen years,13
shall be entitled to the same benefits, payable in the same manner, as are provided14
by this Section for minor children, if the child was totally physically handicapped or15
mentally disabled at the time of the death of the member and is dependent upon the16
surviving spouse or other legal guardian.17
(b) The surviving spouse or legal guardian shall provide adequate proof of18
handicap or mental disability of such surviving child or children and shall notify the19
board of any subsequent changes in the child's condition which cause the child to no20
longer be dependent upon the surviving spouse or legal guardian and any changes21
in the assistance being received from other state agencies. The board may require22
a certified statement of the child's eligibility status at the end of each calendar year.23
* * *24
§613. Eligibility for plan membership25
A. Each person who becomes an employee in state service in one of the26
positions defined in R.S. 11:612(2) shall become a member of the Hazardous Duty27
Services Plan of the system as a condition of employment.28
B. Notwithstanding the provisions of Subsection A of this Section, no person29
who participated in the Deferred Retirement Option Plan as a member of any other30 ENROLLEDHB NO. 571
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retirement plan in this system or who retired under the provisions of any other1
retirement plan in this system who is reemployed under Option 1 or Option 3 as2
provided in R.S. 11:416 shall be eligible for membership in the Hazardous Duty3
Services Plan.4
§614. Eligibility for retirement5
A. Any member of this plan shall be eligible for retirement if he has:6
(1) Twenty-five years or more of service, at any age.7
(2) Twelve years or more of service, at age fifty-five or thereafter.8
(3) Twenty years of service credit at any age, exclusive of military service9
and unused annual and sick leave, but any person retiring under this Paragraph shall10
have his benefit, inclusive of military service credit and allowable unused annual and11
sick leave, actuarially reduced. Any member retiring under this Paragraph who is12
in state service at the time of his retirement shall have his benefit actuarially reduced13
from the earliest age that he would normally become eligible for a regular retirement14
benefit under Paragraph (1) or (2) of this Section Subsection if he had continued in15
service to that age. Any member retiring under this Paragraph who is out of state16
service at the time of his retirement shall have his benefit actuarially reduced from17
the earliest age that he would normally become eligible for a regular retirement18
benefit under Paragraph (1) or (2) of this Section Subsection based upon his years19
of service as of the date of retirement. Any employee who elects to retire under the20
provisions of this Paragraph shall not be eligible to participate in the Deferred21
Retirement Option Plan provided by R.S. 11:447 or the Initial Benefit Option22
provided by R.S. 11:446(A)(5).23
B.(1) Notwithstanding the provisions of R.S. 11:441(A)(2)(b) or any other24
provision of law to the contrary, any member of this plan who is not eligible for25
retirement under Subsection A of this Section may elect to retire under the provisions26
of R.S. 11:441(A)(2)(b)(i) with five years or more of service credit at age sixty or27
thereafter.28 ENROLLEDHB NO. 571
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(2)(a) The retirement benefit and survivor benefit provisions of this Subpart,1
including but not limited to R.S. 11:615 and 621, shall not apply to any member of2
this plan who elects to retire under the provisions of R.S. 11:441(A)(2)(b)(i).3
(b) Any member of this plan who elects to retire under the provisions of R.S.4
11:441(A)(2)(b)(i) shall receive a retirement benefit equal to two and one-half5
percent of his average compensation for every year of creditable service.6
(c) Retirement benefits for any member of this plan who elects to retire7
under the provisions of R.S. 11:441(A)(2)(b)(i) shall be paid in accordance with R.S.8
11:446.9
* * *10
§616. Deferred Retirement Option Plan; Initial Benefit Option; Annual Cost-of-11
Living Adjustment Option12
A. A member who is eligible for regular retirement may elect to participate13
in the Deferred Retirement Option Plan in accordance with the provisions of R.S.14
11:447 through 454, or the Initial Benefit Option provided by R.S. 11:446(A)(5).15
B. Any member of this plan may elect to participate in the Annual16
Cost-of-Living Adjustment Option provided by R.S. 11:446(A)(6).17
* * *18
§618. Survivors' benefits for members killed in the line of duty19
* * *20
D. The provisions of this Section shall not apply to any member of this plan21
who:22
(1) Has participated in the Deferred Retirement Option Plan; or23
(2) Is a retiree of the system who is reemployed under Option 1 or Option24
3 as provided in R.S. 11:416.25
* * *26
§620. Transfer of other service credit27
A. Any member of this system or of another state or statewide system, who28
would otherwise be eligible for benefits under the plan except that his first29
employment making him eligible for membership in any state system occurred on30 ENROLLEDHB NO. 571
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or before December 31, 2010, and who has not participated in the Deferred1
Retirement Option Plan in the system of which he is a member and who is not a2
reemployed retiree of his system or a retiree of this system reemployed under Option3
1 or Option 3 as provided in R.S. 11:416, shall have the right to irrevocably elect to4
become a member of the plan by submitting an application to the board of trustees5
to be effective on or after January 1, 2011.6
B. Any member who elects to join the Hazardous Duty Services Plan from7
an existing system or plan shall have the option of:8
(1)(a) Maintaining prior service credit in the existing system or plan pursuant9
to the provisions of that system or plan and accruing service credit and benefits in10
the Hazardous Duty Services Plan after the date he joins the plan.11
(b) For any member who joins the Hazardous Duty Services Plan after the12
effective date of this Subparagraph, if such member elects to maintain prior service13
credit in his existing system or plan and that election results in an actuarial cost to14
this system, then the member shall pay the system the amount of such actuarial cost15
prior to his retirement.16
(2)(a) An internal actuarial transfer from plan to plan in accordance with the17
provisions of R.S. 11:143(C) and (D) in which this system is both the transferring18
and receiving system in which the member transfers all of his service credit from19
each other system or plan in this system and maintains prior service credit at the20
accrual rate at which it was earned in the existing system or plan prior to joining the21
Hazardous Duty Services Plan. In the event that the amount of funds transferred is22
less than the actuarial cost of the service transferred to the plan, the member23
transferring, except as otherwise provided in this Section, shall pay the deficit or24
difference including the interest thereon at the board-approved actuarial valuation25
rate of the system.26
(b) In lieu of paying the deficit or difference plus interest, the member may27
at his option, but only at the time of transfer, be granted an amount of credit in the28
plan which is based on the amount of funds actually transferred plus any additional29
funds less than the deficit paid by the member.30 ENROLLEDHB NO. 571
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(c) Except as otherwise provided in Subparagraph (d) of this Subsection1
Paragraph, a member who completes a transfer under the provisions of this Section2
shall have his retirement benefit calculated using the accrual rate of the system or3
plan from which he transferred based on the number of years transferred.4
(d) A member choosing an internal actuarial transfer shall be eligible to5
upgrade any the service credit that was actuarially transferred pursuant to this6
Subsection to the accrual rate of the Hazardous Duty Services Plan by paying an7
amount that totally offsets the increase in actuarial liability resulting from the8
upgrade in accordance with R.S. 11:158.9
C.(1) An employee who is a contributing member of any other plan in this10
or another state or statewide system who would otherwise be required to become a11
member of this plan as a condition of employment in a position which would12
otherwise qualify him for such membership on or after January 1, 2011, may elect13
at the time of his employment in such position to remain a contributing member of14
the last plan in this system of which he was a member or of such other system for15
which he remains eligible for membership.16
(2) For an employee who elects to remain a member of a plan in this system,17
applicable to members employed in hazardous duty positions, which plan was in18
existence on or before December 31, 2010, service credit earned on or after January19
1, 2011, in one of the hazardous duty positions defined in R.S. 11:612(2) shall be20
deemed as service credit earned in a position covered by such plan.21
D. A member whose first employment making him eligible for membership22
in a state retirement system occurred on or before December 31, 2010, who elects to23
transfer to join this plan shall thereafter for purposes of all state retirement systems24
be treated as an employee whose first eligibility for membership occurred on or after25
January 1, 2011.26
* * *27
§621. Survivors' benefits for former or retired members28
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B. The surviving spouse of a deceased retired member or Deferred1
Retirement Option Plan participant shall receive a benefit in an amount equal to2
seventy-five percent of the monthly retirement benefit that was being paid to the3
decedent on the date of death.4
C.(1) If there is no surviving spouse eligible to receive benefits pursuant to5
Subsection A or B of this Section, the minor children of the decedent shall be entitled6
to benefits as provided in R.S. 11:471.1.7
* * *8
§783. Selection of option for method of payment after death of member9
A.10
* * *11
(3) Initial Lump-Sum Benefit. (a) If a member has not participated in the12
Deferred Retirement Option Plan provided by the provisions of this Chapter and, he13
shall be eligible to select an initial lump-sum benefit. The initial lump-sum benefit14
shall be available to any member of the system whose first employment making him15
eligible for membership in one of the state retirement systems occurred on or before16
December 31, 2010, and who has thirty years of creditable service, or is age fifty-17
five and has twenty-five years of creditable service, or is age sixty and has ten years18
of creditable service, and. Any member of the system whose first employment19
making him eligible for membership in one of the state retirement systems occurred20
on or after January 1, 2011, may select the initial lump-sum benefit if he is age sixty21
and has five years of service. if If the maximum benefit, Option 2, 2A, 3, 3A, 4, or22
4A above is chosen, then the member may further elect to receive a reduced23
retirement allowance plus an initial benefit. The creditable service referenced in this24
Paragraph shall not include unused accumulated sick leave and unused accumulated25
annual leave.26
* * *27
§786. Deferred Retirement Option Plan28
A.(1) In lieu of terminating employment and accepting a retirement29
allowance, any member of this system whose first employment making him eligible30 ENROLLEDHB NO. 571
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for membership in one of the state retirement systems occurred on or before1
December 31, 2010, and who is not covered by R.S. 11:801 and who has thirty years2
of service credit at any age, twenty-f ive years of service credit and is at least age3
fifty-five, or has twenty years of service credit exclusive of military service and is4
at least age sixty-five may elect to participate in the Deferred Retirement Option5
Plan. A member with ten years of service credit exclusive of military service and6
who is at least age sixty may elect to participate in the plan, but all benefits payable7
at any time shall only be calculated using a two percent benefit formula. Any8
member of this system who is covered by the provisions of R.S. 11:801 who has9
thirty years of service credit and is at least age fifty-five or has ten years of service10
credit and is at least age sixty may elect to participate in the Deferred Retirement11
Option Plan.12
(2) Any member of this system whose first employment making him eligible13
for membership in one of the state retirement systems occurred on or after January14
1, 2011, and who is not covered by R.S. 11:801 and who has five years of service15
credit and is at least age sixty may elect to participate in the Deferred Retirement16
Option Plan.17
(3) Any member of this system who is covered by the provisions of R.S.18
11:801 who has thirty years of service credit and is at least age fifty-five or has ten19
years of service credit and is at least age sixty may elect to participate in the20
Deferred Retirement Option Plan.21
* * *22
§789. Termination of participation23
* * *24
D. Monthly retirement benefits payable to a participant after termination of25
participation in the plan and employment shall be calculated as follows:26
* * *27
(3)(a) Except as provided in Subparagraph (b) of this Paragraph, if If the28
participant continues employment after termination of participation in the plan for29
a period of less than thirty-six months, his monthly retirement benefit shall equal his30 ENROLLEDHB NO. 571
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base benefit plus an amount based upon the service credit for the additional1
employment, together with conversion of the net amount of sick and annual leave2
accumulated during that period of employment, based upon the average3
compensation used to calculate the monthly credit.4
(b) For a participant whose average compensation period is more than thirty-5
six months, if the participant continues employment after termination of participation6
in the plan for a period of less than his average compensation period, his monthly7
retirement benefit shall equal his base benefit plus an amount based upon the service8
credit for the additional employment, together with conversion of the net amount of9
sick and annual leave accumulated during that period of employment, based upon the10
average compensation used to calculate the monthly credit.11
(4)(a) If Except as provided in Subparagraph (b) of this Paragraph, if the12
participant continues employment after termination of participation in the plan for13
a period of thirty-six months or more, his monthly retirement benefit shall equal his14
base benefit plus an amount based upon the service credit for the additional15
employment, together with conversion of the net amount of sick and annual leave16
accumulated during that period of employment, based upon the average17
compensation for the period of employment after termination of participation in the18
plan.19
(b) For a participant whose average compensation period is more than thirty-20
six months, if the participant continues employment after termination of participation21
in the plan for a period equal to or longer than his average compensation period, his22
monthly retirement benefit shall equal his base benefit plus an amount based upon23
the service credit for the additional employment, together with conversion of the net24
amount of sick and annual leave accumulated during that period of employment,25
based upon the average compensation for the period of employment after termination26
of participation in the plan.27
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§1002. Definitions1
As used in this Chapter, the following words and phrases shall have the2
meanings ascribed to them in this Section unless a different meaning is plainly3
required by the context:4
* * *5
(6)6
* * *7
(b) "Average compensation", for a member whose first employment making8
him eligible for membership in the system began on or after July 1, 2006, whose first9
employment making him eligible for membership in one of the state systems10
occurred on or before December 31, 2010 June 30, 2010, shall be based on the sixty11
highest successive months of employment, or on the highest sixty successive joined12
months of employment where interruption of service occurred; however, the average13
compensation amount for the thirteenth through the twenty-fourth month shall not14
exceed the actual compensation amount for the first through the twelfth month by15
more than ten percent. The amount for the twenty-fifth through the thirty-sixth16
month shall not exceed the lesser of the maximum allowable compensation amount17
or the actual compensation amount for the thirteenth through the twenty-fourth18
month by more than ten percent. The amount for the thirty-seventh through the19
forty-eighth month shall not exceed the lesser of the maximum allowable20
compensation amount or the actual compensation amount for the twenty-fifth21
through the thirty-sixth month by more than ten percent. The amount for the forty-22
ninth through the sixtieth month shall not exceed the lesser of the maximum23
allowable compensation amount or the actual compensation amount for the thirty-24
seventh through the forty-eighth month by more than ten percent. The limitations25
on the computation of average compensation contained in this Paragraph shall not26
apply to any twelve-month period during which compensation increased by more27
than one hundred ten percent over the previous twelve-month period solely because28
of an increase in compensation by legislative act or by a city/parish system-wide29
salary increase.30 ENROLLEDHB NO. 571
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(c) "Average compensation", for a member whose first employment making1
him eligible for membership in one of the state systems occurred on or after January2
1, 2011 July 1, 2010, shall be based on the sixty highest successive months of3
employment, or on the highest sixty successive joined months of employment where4
interruption of service occurred; however, the average compensation amount for the5
thirteenth through the twenty-fourth month shall not exceed the actual compensation6
amount for the first through the twelfth month by more than fifteen percent. The7
amount for the twenty-fifth through the thirty-sixth month shall not exceed the lesser8
of the maximum allowable compensation amount or the actual compensation amount9
for the thirteenth through the twenty-fourth month by more than fifteen percent. The10
amount for the thirty-seventh through the forty-eighth month shall not exceed the11
lesser of the maximum allowable compensation amount or the actual compensation12
amount for the twenty-fifth through the thirty-sixth month by more than fifteen13
percent. The amount for the forty-ninth through the sixtieth month shall not exceed14
the lesser of the maximum allowable compensation amount or the actual15
compensation amount for the thirty-seventh through the forty-eighth month by more16
than fifteen percent. The limitations on the computation of average compensation17
contained in this Subparagraph shall not apply to any twelve-month period during18
which compensation increased by more than one hundred fifteen percent over the19
previous twelve-month period solely because of an increase in compensation by20
legislative act or by a city/parish system-wide salary increase.21
* * *22
§1141. Retirement benefits; application; eligibility requirements; effective date;23
cancellation24
A. Any member whose first employment making him eligible for25
membership in one of the state systems occurred on or before December 31, 201026
June 30, 2010, may retire upon written application to the board of trustees, if the27
member at the time of application has attained the age of sixty years and has credit28
for ten years of accredited service or has attained the age of fifty-five years and has29
credit for twenty-five or more years of accredited service or at any age with thirty or30 ENROLLEDHB NO. 571
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more years of accredited service. Any member whose first employment making him1
eligible for membership in one of the state systems occurred on or after January 1,2
2011 July 1, 2010, may retire upon written application to the board of trustees, if the3
member at the time of application has attained the age of sixty years and has credit4
for five years of accredited service. An application for retirement shall be officially5
filed with the board when received in the office of the director. Retirement benefits6
shall become effective as of the date an application for retirement is filed in the7
office of the director or the day after the member terminates from service, whichever8
is later. A member may only cancel his application for retirement only prior to9
negotiating, cashing, or depositing any benefit check including an estimated benefit10
check.11
* * *12
C.(1)(a) Notwithstanding the provisions of Subsection A of this Section, any13
member whose first employment making him eligible for system membership14
occurred on or before June 30, 2010, shall be eligible for retirement if he has twenty15
years of service credit at any age, exclusive of military service and unused annual16
and sick leave, but any person retiring under this Subsection shall have his benefit17
inclusive of military service credit and allowable unused annual and sick leave18
actuarially reduced from the earliest age that he would normally become eligible for19
a regular retirement benefit pursuant to Subsection A of this Section if he had20
continued in service to that age.21
* * *22
§1144. Retirement allowance; regular, minimum, and supplemental23
* * *24
B. Minimum allowance. 25
* * *26
(4) The provisions of this Paragraph shall apply to any member whose first27
employment making him eligible for membership in one of the state systems28
occurred on or after January 1, 2011 July 1, 2010. The minimum allowance for such29
members shall be no less than an amount which provides a total allowance equal to30 ENROLLEDHB NO. 571
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two and one-half percent multiplied by the total years of accredited service and1
multiplied by the average compensation for such person as provided in R.S.2
11:1002(6)(c).3
* * *4
§1147. Disability retirement5
* * *6
C.7
* * *8
(2)(a)9
* * *10
(ii) A disability retiree whose membership in the system began on or after11
July 1, 2006, but on or before June 30, 2010, who is not eligible to receive a regular12
service retirement allowance and who has at least ten years of creditable service,13
shall receive a disability retirement allowance equal to three percent of his average14
compensation multiplied by his years of creditable service.15
(iii) A disability retiree whose first employment making him eligible for16
membership in one of the state systems occurred on or after January 1, 2011 July 1,17
2010, shall receive a maximum disability retirement benefit which shall be18
equivalent to the regular retirement formula without reduction by reason of age.19
(b)(i) If a disability retiree whose eligibility for membership in one of the20
state systems occurred on or before December 31, 2010 June 30, 2010, dies and21
leaves a surviving spouse who had been married to the deceased disability retiree for22
at least two years prior to the death of the disability retiree, the surviving spouse23
shall receive a survivor's benefit equal to seventy-five percent of the benefit being24
received by the disability retiree at his death. Benefits shall cease upon remarriage.25
(ii) For disability retirees whose first employment making him eligible for26
membership in one of the state systems occurred on or after January 1, 2011 July 1,27
2010, selection of a retirement option shall be made when application for disability28 ENROLLEDHB NO. 571
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is filed. If the disability retiree dies, the option selected upon disability retirement1
shall be applied to his disability retirement benefit.2
* * *3
§1151. Survivor benefits; members hired on or before December 31, 2010 June 30,4
20105
A. This Section shall apply to members whose first employment making6
them eligible for membership in one of the state systems occurred on or before7
December 31, 2010 June 30, 2010. Survivor's benefits are payable upon application8
therefor and become effective as of the day following the death of the member.9
* * *10
§1151.1. Survivors' benefits; members hired on or after January 1, 2011 July 1,11
201012
A. Survivor benefits shall be due and payable by the system effective the13
first day of the next month following the death of a member whose first employment14
making him eligible for membership in one of the state systems occurred on or after15
January 1, 2011 July 1, 2010, but shall not be paid until a properly completed and16
acceptable application is received by the system and all proper certifications have17
been received by the system.18
* * *19
C.(1) In addition to the amount payable in accordance with Subsection B of20
this Section, for the benefit of the surviving minor or handicapped child, or mentally21
disabled child, or children, there shall be paid for each such child, subject to a22
maximum of two children, per month fifty percent of the benefit to which a spouse23
would be entitled under Subsection B of this Section. Benefits shall be payable to24
such children even if no spouse eligible for survivor benefits is present, provided the25
member had at least five years of service credit. Benefits for a child shall cease26
when the child is no longer a minor child as defined by this Chapter. No surviving27
minor child shall receive more than one survivor's benefit at any one time. If two28
benefits are applicable, only the larger shall be paid.29 ENROLLEDHB NO. 571
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(2)(a) In addition to the amount payable in accordance with Subsection B of1
this Section, the surviving totally physically handicapped or mentally disabled child2
or children of a deceased member, whether under or over the age of eighteen years,3
shall be entitled to the same benefits, payable in the same manner, as are provided4
by this Section for minor children, if the child was totally physically handicapped or5
mentally disabled at the time of the death of the member and is dependent upon the6
surviving spouse or other legal guardian.7
(b) The surviving spouse or legal guardian shall provide adequate proof of8
handicap or mental disability of such surviving child or children and shall notify the9
board of any subsequent changes in the child's condition which cause the child to no10
longer be dependent upon the surviving spouse or legal guardian and any changes11
in the assistance being received from other state agencies. The board may require12
a certified statement of the child's eligibility status at the end of each calendar year.13
* * *14
§1152. Deferred Retirement Option Plan15
A. In lieu of terminating employment and accepting a service retirement16
allowance pursuant to this Part, any member who has ten or more years of creditable17
service at sixty years of age, twenty-five or more years of creditable service at fifty-18
five years of age, or thirty or more years of creditable service at any age is eligible19
for regular retirement may elect to participate in the Deferred Retirement Option20
Plan and defer the receipt of benefits in accordance with the provisions of this21
Section.22
* * *23
§1323. Death of employee not in performance of duty; employees hired on or after24
January 1, 201125
* * *26
C.(1) In addition to the amount payable in accordance with Subsection B of27
this Section, for the benefit of the surviving minor or handicapped child, or mentally28
disabled child, or children, there shall be paid for each such child, subject to a29
maximum of two children, per month fifty percent of the benefit to which a spouse30 ENROLLEDHB NO. 571
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are additions.
would be entitled under Subsection B of this Section. Benefits shall be payable to1
such children even if no spouse eligible for survivor benefits is present, provided the2
member had at least five years of service credit. Benefits for a child shall cease3
when the child is no longer a minor child as defined by this Chapter. No surviving4
minor child shall receive more than one survivor's benefit at any one time. If two5
benefits are applicable, only the larger shall be paid.6
(2)(a) In addition to the amount payable in accordance with Subsection B of7
this Section, the surviving totally physically handicapped or mentally disabled child8
or children of a deceased member, whether under or over the age of eighteen years,9
shall be entitled to the same benefits, payable in the same manner, as are provided10
by this Section for minor children, if the child was totally physically handicapped or11
mentally disabled at the time of the death of the member and is dependent upon the12
surviving spouse or other legal guardian.13
(b) The applicant shall provide adequate proof of handicap or mental14
disability of such surviving child or children and shall notify the board of any15
subsequent changes in the child's condition to such an extent that the child is no16
longer dependent upon the surviving spouse or legal guardian and any changes in the17
assistance being received from other state agencies. The board may require a18
certified statement of the child's eligibility status at the end of each calendar year.19
* * *20
§1345.9. Survivors' benefits for death other than in the line of duty21
The surviving spouse or children of any active member whose death occurs22
other than in the performance of his duties shall have the same pension rights as23
provided in R.S. 11:1320 1323.24
Section 2. The cost of this Act, if any, shall be funded with additional employer25
contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.26 ENROLLEDHB NO. 571
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are additions.
Section 3. This Act shall become effective on July 1, 2011; if vetoed by the governor1
and subsequently approved by the legislature, this Act shall become effective on July 1,2
2011, or on the day following such approval by the legislature, whichever is later.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: