HLS 12RS-276 ENGROSSED
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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. 29
BY REPRESENTATIVE PEARSON
RETIREMENT/MUNICIPAL POL: Provides relative to the payment of disability benefits
for members of the Municipal Police Employees' Retirement System
AN ACT1
To amend and reenact R.S. 11:2223(F) and to enact R.S. 11:2223(G), relative to the2
Municipal Police Employees' Retirement System; to provide with respect to3
disability benefits; to provide for the computation and payment of reduced disability4
benefits in certain circumstances; to provide an effective date; and to provide for5
related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article X, Section 29(C) of the Constitution8
of Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 11:2223(F) is hereby amended and reenacted and R.S. 11:2223(G)11
is hereby enacted to read as follows: 12
ยง2223. Disability retirement13
* * *14
F. Notwithstanding any provision of R.S. 11:221(D) and R.S. 23:1225, when15
any member becomes disabled on or after July 1, 2012, and is entitled to a disability16
benefit from the retirement system, the disability benefit payable for any month that17
the member is also receiving worker's compensation benefits shall be reduced, if18 HLS 12RS-276 ENGROSSED
HB NO. 29
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necessary, so that the total of both benefits shall not exceed the member's average1
final compensation. The benefit to be paid shall be computed such that the disability2
benefit from the retirement system and the workers' compensation benefit shall each3
be paid in respect to the ratio that each individual benefit bears to the total of both4
benefits, to which the member would be entitled prior to reduction, multiplied by the5
average final compensation of the member.6
F. G. Notwithstanding the provisions of R.S. 11:221(E), any disability7
benefits granted under the provisions of this Section shall not be reduced because the8
disability retiree is also receiving social security disability benefits.9
Section 2. This Act shall become effective July 1, 2012; if vetoed by the governor10
and subsequently approved by the legislature, this Act shall become effective on July 1,11
2012, or on the day following such approval by the legislature, whichever is later.12
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)]
Pearson HB No. 29
Abstract: Authorizes the reduction of disability benefits in certain circumstances and
requires payment by the Municipal Police Employees' Retirement System (MPERS)
and the La. Workforce Commission (LWC) in certain proportions.
Present law (R.S. 11:221) authorizes retirement system boards to reduce disability benefits
in certain circumstances. Present law specifically provides that if the sum of the financial
awards that accrue to a disability retiree solely as a result of his disability (including worker's
compensation) exceeds the amount of the retiree's average final compensation, then his
disability award may be decreased to no more than his average final compensation.
Present law (R.S. 23:1225) provides that in certain circumstances, including when he is
receiving disability benefits from an employer, an injured employee's workers' compensation
benefits may be reduced to no more than 66.66% of his average weekly wage.
Proposed law retains present law.
Proposed law provides that for a disability retiree in MPERS, for any month that the retiree
is also receiving workers' compensation benefits, the total of those two benefits combined
cannot exceed the retiree's average final compensation. If the total exceeds the retiree's
average final compensation, then proposed law requires the benefits to be reduced to no
more than the retiree's average final compensation.
Proposed law further provides that the benefit paid in such circumstances shall be calculated
such that MPERS and LWC each pay in proportion to the amount they respectively owed
prior to the reduction. HLS 12RS-276 ENGROSSED
HB NO. 29
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Proposed law further provides that proposed law shall only apply to MPERS members who
become disabled on and after July 1, 2012.
Effective July 1, 2012.
(Amends R.S. 11:2223(F); Adds R.S. 11:2223(G))