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Regular Session, 2012
HOUSE BILL NO. 38
BY REPRESENTATIVE JONES
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 for certification by the3
employee; to provide relative to the fiduciary duty of affected boards; to provide4
relative to the recovery of erroneously paid benefits; and to provide for related5
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. 11:142(M) is hereby enacted to read as follows: 11
ยง142. Reciprocal recognition of credited service in state, parochial, and municipal12
systems13
* * *14
M.(1) If a retired member covered by the provisions of this Section returns15
to active service in any state, municipal, or parochial system, and the employing16
agency notifies the system that such member is a reemployed retiree, then the system17
in which the retiree becomes a member by virtue of the return shall be responsible18
for notifying all other retirement systems from which benefits are certified as being19
received, pursuant to Paragraph (2) of this Subsection, by the member so that any20
benefit payments otherwise due can be stopped pursuant to Subsection D of this21
Section.22
(2)(a) A prospective employee shall be required to list on his employment23
application all Louisiana public retirement systems from which he is receiving a24 ENROLLEDHB NO. 38
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are additions.
retirement benefit. The prospective employee shall sign immediately beneath such1
list a certification attesting that the list is true, complete, and accurate to the best of2
the employee's knowledge.3
(b) If a prospective employee certifies that he is receiving benefits from any4
Louisiana public retirement system, within ten calendar days of his employment a5
copy of his employment application containing such certification shall be sent by the6
employer to all such retirement systems certified on the application.7
Section 2. Notwithstanding any provision of law to the contrary, any retired member8
of the Municipal Employees' Retirement System who paid into that system for at least fifteen9
years and who was also a member of the Louisiana State Employees' Retirement System and10
paid into that system for at least three and one-half years and who retired under a reciprocal11
retirement agreement with said systems prior to the effective date of this Act and who12
erroneously received retirement benefits while reemployed shall not be required to refund13
such erroneously received retirement benefits to any system. The application of this Section14
shall not be considered a violation of any trustee's fiduciary duty.15
Section 3. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: