Louisiana 2012 2012 Regular Session

Louisiana House Bill HB21 Introduced / Bill

                    HLS 12RS-110	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 21
BY REPRESENTATIVE TALBOT
RETIREMENT/PUBLIC OFFLS: (Constitutional Amendment) Provides relative to service
credit in public retirement systems received by part-time public officials
A JOINT RESOLUTION1
Proposing to amend Article X, Section 29.1(B) of the Constitution of Louisiana, to prohibit2
certain part-time public officials in public retirement systems from receiving service3
credit in such plans; to provide for submission of the proposed amendment to the4
electors; and to provide for related matters.5
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state of7
Louisiana, for their approval or rejection in the manner provided by law, a proposal to8
amend Article X, Section 29.1(B) of the Constitution of Louisiana, to read as follows:9
§29.1.  Part-time Public Officials10
Section 29.1.11
*          *          *12
(B)(1) The provisions of Paragraph (A) shall not apply to any person who13
is serving on January 1, 1997, in any elected or appointed position set forth in14
Paragraph (A) and who is also a member on January 1, 1997, of a retirement system15
covering that position.16
(2) Notwithstanding any provision to the contrary, including prohibition on17
the reduction of compensation or salary during a term of office, no person authorized18
by Subparagraph (1) of this Paragraph to receive service credit in a public retirement19
system, fund, or plan sponsored by the state of Louisiana or any instrumentality or20 HLS 12RS-110	ORIGINAL
HB NO. 21
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political subdivision thereof shall receive service credit in any such system, fund, or1
plan for service after December 31, 2012.2
*          *          *3
Section 2. Be it further resolved that this proposed amendment shall be submitted4
to the electors of the state of Louisiana at the statewide election to be held on November 6,5
2012.6
Section 3. Be it further resolved that on the official ballot to be used at the election,7
there shall be printed a proposition, upon which the electors of the state shall be permitted8
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall9
read as follows:10
Do you support an amendment to prohibit certain part-time public officials11
who are members of public retirement systems from continuing to accrue12
service credit after December 31, 2012? (Amends Article X, Section 29.1(B))13
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)]
Talbot	HB No. 21
Abstract: Prohibits part-time public officials who were grandfathered into membership in
public retirement systems from continuing to receive service credit after Dec. 31,
2012.
Present constitution provides that the following elected or appointed officials are deemed
to be "part-time" public servants and prohibits them from participation in or receiving credit
for service in any public retirement system for such public service:
(1)Legislators and members of school boards, levee boards, police juries, and parish
councils.
(2)Members of city councils, city-parish councils, town councils, aldermen, and
constables.
(3)Any member of a board or commission established by the state of La. or any
instrumentality or political subdivision thereof, unless authorized by a law enacted
by 2/3 of the members of each house.
(4)Any person holding or serving in any other elected or appointed position or office
defined to be "part-time" public service by law enacted by 2/3 of the members of
each house. HLS 12RS-110	ORIGINAL
HB NO. 21
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are additions.
Present constitution exempts from this prohibition any person who was serving in one of the
enumerated part-time positions on Jan. 1, 1997, and who was a member of a retirement
system covering that position.  Proposed constitution prohibits such "part-time" officials
from receiving credit in a public retirement system for service after Dec. 31, 2012.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
(Amends Const. Art. X, §29.1(B))