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ACT No. 511
Regular Session, 2012
HOUSE BILL NO. 1050
BY REPRESENTATIVE RITCHIE
AN ACT1
To enact R.S. 11:2220(I) and 2225(B) and to repeal R.S. 11:2220.1, 2220.2, 2220.3, and2
2234, relative to the Municipal Police Employees' Retirement System; to provide3
relative to compliance with applicable federal tax qualification requirements; to4
provide an effective date; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article X, Section 29(C) of the Constitution7
of Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 11:2220(I) and 2225(B) are hereby enacted to read as follows: 10
§2220. Benefits; contribution limit11
* * *12
I. If a member dies on or after January 1, 2007, while performing qualified13
military service as defined in 26 U.S.C. 414(u), eligibility for survivor benefits under14
this Section shall be determined as if the member had resumed employment and then15
terminated employment on account of death. The retirement system shall credit the16
member's qualified military service as service credit for vesting purposes and for17
eligibility computation purposes as though the member had resumed employment18
under the Uniformed Services Employment and Reemployment Rights Act19
immediately prior to the member's death. The time spent by the member in qualified20
military service shall not count for benefit accrual purposes but shall count for21
eligibility purposes under this Section.22
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§2225. Administration1
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B. The retirement system shall take all actions necessary to comply with the3
provisions of the Internal Revenue Code applicable to qualified governmental4
retirement plans. Amendments to the fund required for the purpose of maintaining5
continued compliance with the Internal Revenue Code and the regulations thereunder6
that do not require legislative action shall be promulgated as rules in accordance with7
the Administrative Prodecure Act, and the plan provisions shall hereafter consist of8
this Chapter together with such properly promulgated rules.9
* * *10
Section 2. R.S. 11:2220.1, 2220.2, 2220.3, and 2234 are hereby repealed in their11
entirety.12
Section 3.(A) The provisions of Section 2 of this Act shall become effective when13
rules promulgated by the Municipal Police Employees' Retirement System to incorporate in14
the Administrative Code the substance of R.S. 11:2220.1, 2220.2, 2220.3, and 2234, as15
necessary to maintain tax qualification status become effective.16
(B) The provisions of this Section and Section 1 of this Act shall become effective17
upon signature of this Act by the governor or, if not signed by the governor, upon expiration18
of the time for bills to become law without signature by the governor, as provided by Article19
III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and20
subsequently approved by the legislature, this Section and Section 1 of this Act shall become21
effective on the day following such approval.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: