Louisiana 2012 2012 Regular Session

Louisiana House Bill HB54 Introduced / Bill

                    HLS 12RS-343	ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 54
BY REPRESENTATIVE PEARSON
RETIREMENT/STATE SYSTEMS: Provides relative to membership on the boards of state
retirement systems
AN ACT1
To amend and reenact R.S. 11:511, 822(A) and (B), 1162(A), and 1164, relative to state2
retirement systems; to provide relative to the membership of the boards of trustees3
of the Louisiana State Employees' Retirement System, the Teachers' Retirement4
System of Louisiana, and the Louisiana School Employees' Retirement System, and5
to provide for 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. 11:511, 822(A) and (B), 1162(A), and 1164 are hereby amended and11
reenacted to read as follows:12
§511.  Composition of board of trustees13
The board of trustees shall consist of twelve members, as follows:14
(1) The chairman of the Retirement Committee of the House of15
Representatives, ex officio, or his designee.16
(2) The chairman of the Retirement Committee of the Senate, ex officio, or17
his designee.18
(3)  The treasurer of the state of Louisiana, ex officio, or his designee.19
(4)  The commissioner of administration, ex officio, or his designee.20 HLS 12RS-343	ORIGINAL
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(5) Six trustees who shall be active employees and members of the system1
with at least ten years of creditable service and who shall be elected by the members2
of the system for a term of four years to succeed members whose terms expire under3
rules and regulations adopted by the board to govern the elections. However, those4
trustees whose terms begin on or after January 1, 1998, shall be eligible to serve only5
three consecutive four-year terms, to include any term served as an active or retired6
member. Upon the completion of the third consecutive four-year term, the trustee7
shall be ineligible for a fourth consecutive term of office.  An active member who8
retires while serving on the board shall be allowed to remain on the board for the9
remainder of the term for which elected. The director, assistant directors, chief10
investment officer, and other employees of the staff of the system shall be ineligible11
for membership on the board, and no member of the board elected under this Section12
shall be eligible for one of these positions for a period of two years after the13
termination of their service on the board. No department in the executive branch of14
state government, as more particularly described in Title 36 of the Louisiana Revised15
Statutes of 1950, as amended and revised, may have more than two trustees serving16
on the board at the same time.  The candidate or candidates who have received the17
highest and next highest vote tallies, and who do not violate the prohibition against18
more than two trustees serving from the same department, shall be declared the19
elected trustee or trustees.20
(5) (6) Three trustees who are retired members of the system and who  shall21
represent the retired members of the system. The retired trustees shall be elected by22
the retired members of the system for a term of four years. However, those trustees23
whose terms begin on or after January 1, 1998, shall be eligible to serve only three24
consecutive four-year terms, to include any term served as an active or retired25
member. Upon the completion of the third consecutive four-year term, the trustee26
shall be ineligible for a fourth consecutive term of office. The election shall be held27
in accordance with the rules adopted by the board to govern the elections of trustees.28
Vacancies shall be filled in accordance with R.S. 11:512.29 HLS 12RS-343	ORIGINAL
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§822. Members of board of trustees; appointment or election; terms of office;2
vacancies; compensation3
A.  The board shall consist of such trustees as follows:4
(1) The state superintendent of public education, or his first assistant,5
appointed pursuant to Article IV, Section 13 of the Louisiana Constitution of 1974,6
ex officio, or his designee.7
(2) One voting member representing the members paid by school food8
service funds shall be elected by a majority of said the members for a four-year term.9
(3)  The state treasurer, ex officio, or his designee.10
(4)  The commissioner of administration, ex officio, or his designee.11
(5) The chairman of the Retirement Committee of the House of12
Representatives of the Louisiana Legislature, ex officio, or his designee.13
(5) (6) The chairman of the Retirement Committee of the Senate of the14
Louisiana Legislature, ex officio, or his designee.15
(6) (7) One voting member representing the state colleges and universities16
at large shall be elected by a majority of the members of the Teachers' Retirement17
System of Louisiana employed by the colleges and universities of the state for a18
four-year term.19
(7) (8) One voting member from and to represent each of seven districts, to20
be elected by a majority of the members employed in the respective districts to a21
four-year term, except those members who are employed by the state colleges and22
universities and who elect a representative under Paragraph (6) (7) of this Subsection23
and those members paid by school food service funds and who elect a representative24
under Paragraph (2) of this Subsection and who shall not be a parish or city25
superintendent of schools. The seven districts shall be composed of parishes as26
follows:27
(a) District 1:  Ascension, St. James, St. John the Baptist, St. Charles,28
Jefferson, Plaquemines, St. Bernard.29 HLS 12RS-343	ORIGINAL
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(b) District 2:  Washington, St. Tammany, Orleans.1
(c) District 3:  East Baton Rouge, Iberville, Assumption, Lafourche,2
Terrebonne.3
(d) District 4:  Caddo, Bossier, Webster, Claiborne, De Soto DeSoto, Red4
River, Bienville, Lincoln, Sabine, Natchitoches.5
(e) District 5:  Union, Morehouse, West Carroll, East Carroll, Jackson,6
Ouachita, Richland, Madison, Caldwell, Franklin, Tensas, Catahoula, Concordia,7
West Feliciana, East Feliciana, St. Helena, Livingston, Tangipahoa.8
(f) District 6:  Winn, Grant, LaSalle, Vernon, Rapides, Avoyelles,9
Beauregard, Allen, Evangeline, St. Landry, Pointe Coupee, Jefferson Davis, St.10
Martin, West Baton Rouge.11
(g) District 7:  Calcasieu, Acadia, Cameron, Vermilion, Lafayette, Iberia, St.12
Mary.13
(8) (9) Two voting members to represent the retired teachers shall be elected14
by a majority of those voting retired members of the Teachers' Retirement System15
of Louisiana for a four-year term.16
(9) (10) One voting member, who shall be a parish or city superintendent of17
schools, shall be elected by all parish and city superintendents of schools in18
Louisiana, for a four-year term.19
B. There shall be no restriction as to type of employment or position held as20
a qualification for any member seeking election under Paragraphs (6) through (8) of21
Subsection A (A)(7) through (9) of this Section; however, an elected member of the22
board who has served at least twelve months of his term shall be eligible to continue23
as a member of the board following the effective date of his retirement from the24
system, until the expiration of the term for which he was elected; however, no25
elected member of the board shall be eligible to continue as a member of the board26
after December thirty-first following any change in his principal residence,27
employment, or status which would otherwise render him ineligible to become a28
candidate for the position to which he was previously elected.29 HLS 12RS-343	ORIGINAL
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§1162. Members of board of trustees; appointment or election; terms of office;2
vacancies; compensation3
A.  The board shall consist of eleven trustees, as follows:4
(1) President of the Louisiana School Bus Operators' Association, ex officio.5
(2) Chairman of the Appropriations Retirement Committee of the House of6
Representatives, ex officio, or his designee.7
(3) Chairman of the Retirement Committee of the Senate, ex officio, or his8
designee.9
(4)  The secretary of state, ex officio , or his designee.10
(5)  The state treasurer, ex officio, or his designee.11
(6)  The commissioner of administration, ex officio, or his designee.12
(6)(a) (7)(a) Four members of the system shall be elected by the members13
of the retirement system for a term of four years each, according to such rules and14
regulations as the board of trustees shall adopt to govern such elections.  Except as15
otherwise provided in this Paragraph, each board member shall be a resident of the16
district represented.  The districts will elect a member for a four-year term with the17
elections staggered so as to elect one member each year. Participation in the18
Deferred Retirement Option Plan shall not cause a member to be ineligible for19
candidacy in an election for the active member position on the board of trustees.20
Any member of this system who is elected to serve as a representative of the active21
members on the board of trustees and who, after such election, either commences22
participation in the Deferred Retirement Option Plan or retires shall not have his23
term of office as a trustee affected by either of those events.24
(b) Beginning March 1, 1997, and until December 31, 2008, the districts25
shall be composed of the following parishes:26
(i) District 1:  Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St.27
Bernard, St. Charles, St. James, St. John the Baptist, and Terrebonne.28 HLS 12RS-343	ORIGINAL
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(ii) District 2:  Ascension, East Baton Rouge, East Feliciana, Iberville,1
Lafayette, Livingston, St. Helena, St. Martin, St. Tammany, Tangipahoa,2
Washington, West Baton Rouge, and West Feliciana.3
(iii) District 3:  Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne,4
Concordia, DeSoto, East Carroll, Franklin, Jackson, LaSalle, Lincoln, Madison,5
Morehouse, Ouachita, Red River, Richland, Tensas, Union, Webster, West Carroll,6
and Winn.7
(iv) District 4:  Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron,8
Evangeline, Grant, Iberia, Jefferson Davis, Natchitoches, Pointe Coupee, Rapides,9
Sabine, St. Landry, St. Mary, Vermilion, and Vernon.10
(c) Each member elected pursuant to this Paragraph who takes office on or11
after January 1, 2009, shall be elected from districts composed as provided in this12
Subparagraph. Each member serving on December 31, 2008, who was elected to13
represent a district as provided in Subparagraph (b) of this Paragraph shall represent14
the district as provided in this Subparagraph having the same number designation as15
the district as provided in Subparagraph (b) of this Paragraph from which the16
member was elected until the expiration of his term of office, whether or not he is17
a resident of the district as provided in this Subparagraph.  Each successor of a18
member serving on December 31, 2008, who was elected to represent a district as19
provided in Subparagraph (b) of this Paragraph shall be elected from the district as20
provided in this Subparagraph having the same number designation and shall be a21
resident of the district as provided in this Subparagraph.  On January 1, 2009, and22
thereafter, the districts shall be composed of the following parishes:23
(i) District 1: Assumption, Iberia, Iberville, Jefferson, Lafayette, Lafourche,24
Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St.25
Martin, St. Mary, and Terrebonne.26
(ii) District 2: Ascension, East Baton Rouge, East Feliciana, Livingston, St.27
Helena, St. Tammany, Tangipahoa, Washington, West Baton Rouge, and West28
Feliciana.29 HLS 12RS-343	ORIGINAL
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(iii) District 3: Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne,1
Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita,2
Richland, Tensas, Union, Webster, and West Carroll.3
(iv) District 4: Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron,4
Desoto DeSoto, Evangeline, Grant, Jefferson Davis, LaSalle, Natchitoches, Pointe5
Coupee, Rapides, Red River, Sabine, St. Landry, Vermilion, Vernon, and Winn.6
(7) (8) Two retired members elected at large by the retirees of the retirement7
system, provided the members' terms of office are for the same duration, but8
staggered so that the beginning and ending years of each member's term are not on9
the same year, and the member's terms and elections shall be governed according to10
rules and regulations adopted by the board of trustees.11
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§1164.  Voting power of trustees; votes necessary for action of board 13
Each trustee shall be entitled to one vote in the board.  Five Six votes shall14
be necessary for a decision by the trustees at any meeting of the board.15
Section 2.  This Act shall become effective on June 30, 2012; if vetoed by the16
governor and subsequently approved by the legislature, this Act shall become effective on17
June 30, 2012, or on the day following such approval by the legislature, whichever is later.18
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. 54
Abstract: Adds the commissioner of administration or his designee to the boards of the La.
State Employees' Retirement System (LASERS), Teachers' Retirement System of La.
(TRSL), and La. School Employees' Retirement System (LSERS) and authorizes the
appointment of designees for all ex officio members of these boards of trustees.
Present law provides relative to the membership of the boards of LASERS, TRSL, and
LSERS.  Proposed law adds the commissioner of administration or his designee to the
boards of LASERS, TRSL, and LSERS.
Present law provides for various ex officio members of the board of each retirement system
and authorizes some ex officio members to designate someone to serve for them.  Proposed
law authorizes the remaining ex officio members to name a designee and makes other
changes as follows: HLS 12RS-343	ORIGINAL
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LASERS: the chairmen of the House and Senate retirement committees and the
treasurer are authorized to name a designee.
TRSL: the treasurer and the state superintendent of education are authorized to name
a designee.  Proposed law also removes specific reference to the superintendent
designating his first assistant.
LSERS: the treasurer, the secretary of state, and the chairman of the Senate
Retirement Committee are authorized to name a designee.  Proposed law also
replaces the chairman of the House Appropriations Committee with the chairman of
the House Retirement Committee and authorizes the latter to name a designee.
Effective June 30, 2012.
(Amends R.S. 11:511, 822(A) and (B), 1162(A), and 1164)