ENROLLED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 515
Regular Session, 2012
HOUSE BILL NO. 1064
BY REPRESENTATIVE HOFFMANN
AN ACT1
To amend and reenact R.S. 11:62(12), 1581(5), and 1631(F)(1) and to enact R.S.2
11:1636(C), relative to the District Attorneys' Retirement System; to provide relative3
to benefits; to provide relative to the funding of benefits; to provide for definitions;4
to provide for implementation; 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. 11:62(12), 1581(5), and 1631(F)(1) are hereby amended and10
reenacted and R.S. 11:1636(C) is hereby enacted to read as follows: 11
§62. Employee contribution rates established12
Employee contributions to state and statewide public retirement systems shall13
be paid at the following rates, except as otherwise provided by law:14
* * *15
(12) District Attorneys' Retirement System - 7% 8%.16
* * *17
§1581. Definitions 18
The following words and phrases, as used in this Chapter, unless a different19
meaning is plainly required by the context, shall have the following meanings: 20
* * *21
(5) "Average final compensation" shall mean the average monthly22
compensation earned by an employee during any period of thirty-six sixty successive23
months of service as an employee during which the said earned compensation was24 ENROLLEDHB NO. 1064
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the highest. The average monthly compensation shall include compensation not paid1
by the state, but only to the extent that non-state nonstate compensation for the2
thirteenth through the twenty-fourth month does not exceed one hundred ten percent3
of the total of non-state nonstate compensation for the first through twelfth month,4
and that non-state nonstate compensation for the final twelve months does not exceed5
one hundred ten percent of the total of non-state compensation for the thirteenth6
through the twenty-fourth month twenty-fifth through the thirty-sixth month does not7
exceed one hundred ten percent of the total of nonstate compensation for the8
thirteenth through the twenty-fourth month, and that nonstate compensation for the9
thirty-seventh through the forty-eighth month does not exceed one hundred ten10
percent of the total of nonstate compensation for the twenty-fifth through thirty-sixth11
month, and that nonstate compensation for the forty-ninth through the sixtieth month12
does not exceed one hundred ten percent of the total of nonstate compensation for13
the thirty-seventh through forty-eighth month. Fees earned in connection with14
official duties shall not be included in average final compensation. In the event of15
interruption of employment, the thirty-six-month sixty-month period shall be16
computed by joining employment periods immediately preceding and succeeding the17
interruption.18
* * *19
§1631. Retirement benefits; application; eligibility requirements20
* * *21
F.(1) Except as provided in Paragraph (2) of this Subsection, if any member22
who has retired from this system is reemployed as an employee by any district23
attorney in the state, his retirement benefit shall be suspended during said24
employment, and he shall not be paid any benefits for the period covered by such25
employment. He shall, upon such reemployment, again become an active26
contributing member of the system, with the option of establishing service credit for27
any period of full-time employment as district attorney or assistant district attorney28
since returning to such employment following retirement by payment into the system29
the employer and employee amount plus interest that would have been withheld and30 ENROLLEDHB NO. 1064
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
paid into the system for that period based upon his total salary for such period. He1
shall accrue a supplemental retirement benefit based on his service rendered after2
reemployment. If the member continues employment after retirement for a period3
of less than thirty-six sixty months, his supplemental monthly retirement benefit4
shall equal the benefit accrued calculated under R.S. 11:1632 or 1633, whichever is5
applicable, based on the lesser of his average final compensation at his original6
retirement date or his average final compensation during the period of his subsequent7
reemployment. If the member continues in employment after retirement for a period8
of thirty-six sixty months or more, his supplemental monthly retirement benefit shall9
equal the benefit accrued calculated under R.S. 11:1632 or 1633, whichever is10
applicable, based on his average final compensation during his period of11
reemployment. Upon retirement subsequent to reemployment, his benefit shall be12
equal to the benefits he was receiving immediately prior to reemployment plus the13
supplemental benefit earned during his reemployment.14
* * *15
§1636. Survivors' benefits 16
* * *17
C. Upon the death of an active contributing member who is eligible to retire,18
the spouse eligible for benefits payable under Paragraph (B)(1) of this Section may19
elect to receive such benefits in the same manner as described in R.S. 11:1644 as if20
the member had retired and elected Option Two Back-DROP benefits on the day21
following the member's death.22
Section 2. The amendments to R.S. 11:1581(5) contained in this Act shall be23
implemented as follows: for members retiring on or after January 1, 2013, and on or before24
December 31, 2014, the period used to calculate the average final compensation shall be25
thirty-six months plus the number of whole months since January 1, 2013, until the date of26
retirement. Notwithstanding any other provision of this Section to the contrary, for all27
members enrolled in the system on January 1, 2013, the monthly average final compensation28
expressed in dollars used to compute their benefit after the effective date of this Act shall29
not be less than the dollar amount of the average monthly earnings during the member's30 ENROLLEDHB NO. 1064
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
highest thirty-six consecutive months or joined months of service earned for employment1
before the effective date of this Act as determined under R.S. 11:1581(5) as it provided prior2
to amendment by this Act.3
Section 3. The provisions of this Act shall become effective January 1, 2013.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: