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Regular Session, 2012
HOUSE BILL NO. 62
BY REPRESENTATIVE LEGER
RETIREMENT/LOCAL: Relative to the Firefighters' Pension and Relief Fund in the city
of New Orleans
AN ACT1
To amend and reenact R.S. 11:3361, relative to the Firefighters’ Pension and Relief Fund2
in the city of New Orleans; to provide relative to the creation, funding, eligibility,3
assets, rights, duties, property, management, and obligations of the fund; to authorize4
the governing authority of Orleans Parish to provide relative to the fund and to5
establish and provide for a retirement system for firefighters in the city of New6
Orleans; to provide for effectiveness; and to provide for related matters.7
Notice of intention to introduce this Act has been published8
as provided by Article III, Section 13 and Article X, Section9
29(C) of the Constitution of Louisiana.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 11:3361 is hereby amended and reenacted to read as follows:12
§3361. Creation of Firefighters' Pension and Relief Fund; contributions by city13
Retirement system for firefighters in the city of New Orleans; authorization14
A pension and relief fund for firefighters in the city of New Orleans is15
created. For the purpose of augmenting the fund, the city shall pay into the fund16
annually one percent of the revenues derived from all licenses issued by the city,17
except the drivers and chauffeurs licenses, and an annual appropriation in the budget18
of the city of a sum equal to not less than five percent of the money annually19
appropriated by the city for the operation and maintenance of the fire department of20 HLS 12RS-429 ORIGINAL
HB NO. 62
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the city. The latter appropriation, within the limits prescribed, shall be determined1
by the council each year in making up its annual budget. The appropriation and2
donations by the city aforesaid shall be set apart by the treasurer of the city and paid3
over to the board of trustees of the Firefighters' Pension and Relief Fund as the4
annual contribution of the city to the fund. The word "firefighter" as designated in5
this Part is defined as any individual employed by the fire department of the city of6
New Orleans who is actively engaged in the extinguishing of fires. Notwithstanding7
any provision of this Part to the contrary, any uniformed member of the fire8
suppression division of the fire department of the city of New Orleans, who occupied9
the position of firefighter in the classified civil service of the city of New Orleans for10
at least ten years, and who, because of physical disability, selects to transfer from the11
fire suppression division to the fire administration division of the fire department of12
the city of New Orleans, may continue to participate in the pension and relief fund13
for firefighters in the city of New Orleans, unless the board determines that such14
continued employment is detrimental to the health and safety of other employees.15
The governing authority of Orleans Parish may establish a firefighters’ retirement16
system in the city of New Orleans and promulgate rules and regulations relative to17
such system. The governing authority may also assign, transfer, and deliver any and18
all assets and property belonging to the Firefighters' Pension and Relief Fund in the19
city of New Orleans to the system created under the authority granted by this20
Section.21
Section 2. The governing authority of Orleans Parish may establish a firefighters'22
retirement system in the city of New Orleans and promulgate rules and regulations relative23
to such system. The governing authority may also assign, transfer, and deliver any and all24
assets and property belonging to the Firefighters' Pension and Relief Fund in the city of New25
Orleans to the system created under the authority granted by this Section.26
Section 3.(A) This Section and Section 2 of this Act shall become effective upon27
signature of this Act by the governor or, if not signed by the governor, upon expiration of28
the time for bills to become law without signature by the governor, as provided by Article29 HLS 12RS-429 ORIGINAL
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III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and1
subsequently approved by the legislature, this Section and Section 2 of this Act shall become2
effective on the day following such approval.3
(B) Section 1 of this Act shall become effective on the first day following the4
adoption of an ordinance by the governing authority of the parish of Orleans establishing a5
firefighters’ retirement system in the city of New Orleans.6
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)]
Leger HB No. 62
Abstract: Removes certain provisions of law relative to the Firefighters' Pension and Relief
Fund in the city of New Orleans; authorizes the governing authority of Orleans
Parish to provide relative to the fund and to establish a firefighters' retirement system
in the city of New Orleans and to promulgate rules and regulations relative to such
system.
Present law creates a pension and relief fund for firefighters in the city of New Orleans.
Requires the city to pay into the fund annually 1% of the revenues derived from certain
licenses issued by the city and an annual appropriation in the budget of the city of a sum
equal to not less than 5% of the money annually appropriated by the city for the operation
and maintenance of the fire department of the city.
Present law defines the word "firefighter" for purposes of provisions of law relative to the
fund as any individual employed by the fire department of the city of New Orleans who is
actively engaged in the extinguishing of fires.
Present law provides that any uniformed member of the fire suppression division of the fire
department of the city of New Orleans, who occupied the position of firefighter in the
classified civil service of the city of New Orleans for at least 10 years, and who, because of
physical disability, selects to transfer from the fire suppression division to the fire
administration division of the fire department of the city of New Orleans, may continue to
participate in the pension and relief fund for firefighters in the city of New Orleans, unless
the board determines that such continued employment is detrimental to the health and safety
of other employees.
Proposed law removes present law.
Proposed law authorizes the governing authority of Orleans Parish to establish a firefighters'
retirement system in the city of New Orleans and to promulgate rules and regulations relative
to such system. Further authorizes the governing authority to assign, transfer, and deliver
any and all assets and property belonging to the Firefighters' Pension and Relief Fund in the
city of New Orleans to the system created under the authority granted by proposed law.
Provisions of proposed law authorizing the governing authority of the parish to establish a
retirement system becomes effective upon signature of governor or lapse of time for
gubernatorial action. Provisions of proposed law removing present law are effective on the HLS 12RS-429 ORIGINAL
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first day following the adoption of an ordinance by the governing authority of the parish of
Orleans establishing a firefighters' retirement system in the city of New Orleans.
(Amends R.S. 11:3361)