HLS 12RS-248 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. 38
BY REPRESENTATIVE JONES
RETIREMENT SYSTEMS: Provides relative to certain rehired retirees
AN ACT1
To enact R.S. 11:142(M), relative to the payment of retirement benefits; to provide for2
reports when such benefits should be stopped; to provide relative to the recovery of3
erroneously paid benefits; and to provide for related matters.4
Notice of intention to introduce this Act has been published5
as provided by Article X, Section 29(C) of the Constitution6
of Louisiana.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 11:142(M) is hereby enacted to read as follows: 9
ยง142. Reciprocal recognition of credited service in state, parochial, and municipal10
systems11
* * *12
M. In the event a retired member covered by the provisions of this Section13
returns to active service in any state, municipal, or parochial system, the system in14
which the retiree becomes a member by virtue of the return shall be responsible for15
notifying all other retirement systems in which credit may be held by the member so16
that any benefit payments otherwise due can be stopped pursuant to Subsection D of17
this Section.18
Section 2. Notwithstanding any provision of law to the contrary, any retired member19
of the Municipal Employees' Retirement System who paid into that system for at least fifteen20 HLS 12RS-248 ORIGINAL
HB NO. 38
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
years and who was also a member of the Louisiana State Employees' Retirement System and1
paid into that system for at least three and one-half years and who retired under a reciprocal2
retirement agreement with said systems prior to the effective date of this Act and who3
erroneously received retirement benefits while reemployed shall not be required to refund4
such erroneously received retirement benefits to any system.5
Section 3. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
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)]
Jones HB No. 38
Abstract: Requires retirement systems to notify each other when certain retirees return to
work.
Present law authorizes a member of a retirement system or an eligible survivor of a member
of a retirement system to combine years of service in different state, municipal, and
parochial systems so that the employee or survivor may attain eligibility for retirement,
disability, or survivor benefits.
Present law provides that each employer shall pay the benefits due to the employee for credit
in such employer's system. Further provides that no employee who retires under a reciprocal
recognition of benefits agreement shall receive benefits from any system while he is
reemployed in a state, municipal, or parochial system.
Proposed law provides in the event a retiree under the provisions of present law returns to
active service in any state, municipal, or parochial system, then the hiring system is
responsible for notifying all other retirement systems in which credit may be held by the
member so that any benefit payments otherwise due can be stopped.
Proposed law further provides that any class of persons who meet certain criteria established
in proposed law shall not have to pay back benefits received in error.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 11:142(M))