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Regular Session, 2012
SENATE BILL NO. 18
BY SENATOR GUILLORY
STATE POLICE RET FUND. Provides for technical corrections. (7/1/12)
AN ACT1
To amend and reenact R.S. 11:4(A)(1)(d), 22(B)(12), 42(B)(10), 62(10), 102(B)(3)(d)(viii),2
148(B), 154(A)(2), 158(B)(13), 162(A), 173(A)(2), 174(B)(2), 181(A)(4), 182(A)(1),3
185(A)(4), 211(heading), 222(A), 223, 234(A)(12), 251, 262(12), 271(B)(12),4
272(A)(2), 312(A)(12), 417(A) and (C), 516, 1301(1),(4), and (8),5
1302(A)(introductory paragraph), 1305(A)(introductory paragraph) and (B),6
1307(D)(1), 1307.1(A), 1329, 1345.1, and 1345.2(4), relative to the State Police7
Pension and Retirement System; to provide for technical corrections; to provide for8
an effective date; and to provide for related matters.9
Notice of intention to introduce this Act has been published.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 11:4(A)(1)(d), 22(B)(12), 42(B)(10), 62(10), 102(B)(3)(d)(viii),12
148(B), 154(A)(2), 158(B)(13), 162(A), 173(A)(2), 174(B)(2), 181(A)(4), 182(A)(1),13
185(A)(4), 211(heading), 222(A), 223, 234(A)(12), 251, 262(12), 271(B)(12), 272(A)(2),14
312(A)(12), 417(A) and (C), 516, 1301(1),(4) and (8), 1302(A)(introductory paragraph),15
1305(A)(introductory paragraph) and (B), 1307(D)(1), 1307.1(A), 1329, 1345.1, and16
1345.2(4) are hereby amended and reenacted to read as follows:17 SB NO. 18
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§4. Classifications of public retirement systems; state systems; statewide systems1
As used in this Title, unless the context clearly indicates otherwise, the2
following terms shall have the meanings ascribed to them:3
A.(1) The term "state retirement system", "state system", or "state pension or4
retirement system, plan, or fund" shall mean one of the following:5
* * *6
(d) Louisiana State Police Pension and Retirement System.7
* * *8
§22. Methods of actuarial valuation established9
* * *10
B. The following funding methods shall be utilized to determine actuarially11
required contributions:12
* * *13
(12) Louisiana State Police Pension and Retirement System: entry age14
normal.15
* * *16
§42. Unfunded accrued liabilities; amortization17
* * *18
B. The provisions of this Subsection shall be implemented and accomplished19
by the governing authorities of the state and statewide public retirement systems as20
set forth herein.21
* * *22
(10) Louisiana State Police Pension and Retirement System. The unfunded23
accrued liability, as of June 30, 1988, determined under the funding method specified24
in R.S. 11:22(B)(12), shall be amortized over a twenty year period, commencing25
with the fiscal year 1989-1990, with level dollar payments annually.26
* * *27
§62. Employee contribution rates established28
Employee contributions to state and statewide public retirement systems shall29 SB NO. 18
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be paid at the following rates, except as otherwise provided by law:1
* * *2
(10) Louisiana State Police Pension and Retirement System:3
* * *4
§102. Employer contributions; determination; state systems5
(B)(1) * * *6
(3) With respect to each state public retirement system, the actuarially7
required employer contribution for each fiscal year, commencing with Fiscal Year8
1989-1990, shall be that dollar amount equal to the sum of:9
* * *10
(d) That fiscal year's payment, computed as of the first of that fiscal year and11
projected to the middle of that fiscal year at the actuarially assumed interest rate,12
necessary to amortize changes in actuarial liability due to:13
* * *14
(viii) Effective July 1, 2009, and beginning with Fiscal Year 1992-1993, the15
amortization period for the changes, gains, or losses of the Louisiana State Police16
Pension and Retirement System provided in Items (i) through (iv) of this17
Subparagraph shall be thirty years, or in accordance with standards promulgated by18
the Governmental Accounting Standards Board, from the year in which the change,19
gain, or loss occurred. The outstanding balances of amortization bases established20
pursuant to Items (i) through (iv) of this Subparagraph before Fiscal Year 2008-21
2009, shall be amortized as a level dollar amount from July 1, 2009, through June 30,22
2029. Beginning with Fiscal Year 2008-2009, and for each fiscal year thereafter, the23
outstanding balances of amortization bases established pursuant to Items (i) through24
(iv) of this Subparagraph shall be amortized as a level dollar amount.25
* * *26
§148. Membership age limitations27
* * *28
B. The provisions of Subsection A hereof shall be inapplicable with respect29 SB NO. 18
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to any employee whose retirement would be governed by the Louisiana State Police1
Pension and Retirement System, the Municipal Police Employees' Retirement2
System or any other public retirement system or plan maintained for law3
enforcement personnel or firefighters, the Sheriffs' Pension and Relief Fund, the4
provisions within the Louisiana State Employees' Retirement System governing5
employees of the Department of Corrections, R.S. 11:531(2)(a), or the provisions6
within the Louisiana Employees' Retirement System governing wildlife and fisheries7
agents, R.S. 11:581 et seq.8
* * *9
§154. Tax sheltering of employee contributions to retirement10
A. The provisions of this Section shall be applicable to the following public11
retirement systems and pension funds:12
* * *13
(2) Louisiana State Police Pension and Relief Fund Retirement System.14
* * *15
§158. Purchase of service credit in public retirement systems; price16
* * *17
B. The provisions of this Section are applicable to the following public18
retirement or pension systems, funds, and plans:19
* * *20
(13) Louisiana State Police Pension and Retirement System.21
* * *22
§162. Classes of employees not eligible for membership23
A. The provisions of this Section shall apply to the Louisiana State24
Employees' Retirement System, the Teachers' Retirement System of Louisiana, the25
Louisiana State Police Pension and Retirement System, and the Louisiana School26
Employees' Retirement System.27
* * *28
§173. Audit reports; certified public accountants29 SB NO. 18
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A. This Section shall be applicable to the following public retirement1
systems:2
* * *3
(2) Louisiana State Police Pension and Relief Fund Retirement System.4
* * *5
§174. Death reports6
* * *7
B. The provisions of Subsection A shall be applicable to the following public8
retirement systems and pension funds:9
* * *10
(2) Louisiana State Police Pension and Relief Fund Retirement System.11
* * *12
§181. Composition of governing boards of state and statewide systems; per diem13
and expenses14
A. Notwithstanding any other provision of law contained in any of the laws15
governing the state retirement systems listed in this Subsection, or any other laws to16
the contrary, the chairman of the House Committee on Retirement and the chairman17
of the Senate Committee on Retirement, or their designees, shall serve as voting ex18
officio members of the governing boards of each of the following state retirement19
systems:20
* * *21
(4) The Louisiana State Police Pension and Retirement System.22
* * *23
§182. Boards of trustees of state and statewide public retirement systems; per diem24
and expenses25
A.(1) Notwithstanding any other provisions of law to the contrary, the26
members of the boards of trustees of the Louisiana State Employees' Retirement27
System, the Teachers' Retirement System of Louisiana, the Louisiana School28
Employees' Retirement System, the Municipal Police Employees' Retirement29 SB NO. 18
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System, the Louisiana State Police Pension and Retirement System, the Parochial1
Employees' Retirement System of Louisiana, the Municipal Employees' Retirement2
System of Louisiana, the Firefighters' Retirement System, the Assessors' Retirement3
Fund, the Clerks' of Court Retirement and Relief Fund, the Registrars of Voters4
Employees' Retirement System, the Sheriffs' Pension and Relief Fund, and the5
District Attorneys' Retirement System shall receive for attendance at meetings of the6
boards a per diem of seventy-five dollars per meeting plus the normal expense7
allowance, provided funds are available for this purpose.8
* * *9
§185. Educational requirements for members of retirement system boards of trustees10
A. The provisions of this Section shall apply to the following state retirement11
systems:12
* * *13
(4) The Louisiana State Police Pension and Retirement System.14
* * *15
§211. Louisiana State Police Retirement Fund System16
A. * * *17
§222. Exemption from restrictions on other income for persons confined to a18
wheelchair; state police; municipal police; sheriffs19
A. Any disability beneficiary of the Louisiana State Police Pension and20
Retirement System or of the Municipal Police Employees' Retirement System21
receiving disability benefits as a result of an injury sustained in the line of duty, who,22
as a result of his disability, is permanently and completely confined to a wheelchair23
for movement of person, or is permanently and legally blind as a result of injury24
suffered in the line of duty, shall be exempt from the provisions of R.S. 11:221 or25
any other provision of law which provides for reduction of disability benefits if the26
recipient, subsequent to his disability, becomes gainfully employed.27
* * *28
§223. Exemption from restrictions on other income for amputees; state police;29 SB NO. 18
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municipal police1
Any disability beneficiary of the Louisiana State Police Pension and2
Retirement System or of the Municipal Police Employees' Retirement System3
receiving disability benefits as a result of an injury sustained in the line of duty, who,4
as a result of his injury, is an amputee to a degree that he would be disqualified from5
serving as a state trooper or as a municipal policeman, shall be exempt from the6
provisions of R.S. 11:221 or any other provision of law which provides for reduction7
of disability benefits if the recipient, subsequent to his disability, becomes gainfully8
employed.9
* * *10
§234. Survivor benefits11
A. The provisions of this Section shall be applicable to all members of the12
following public retirement systems:13
* * *14
(12) Louisiana State Police Pension and Retirement System.15
* * *16
§251. Legal counsel, certified public accountants, professional investment17
personnel18
Notwithstanding any other provisions of law to the contrary, the boards of19
trustees of the Louisiana State Employees' Retirement System, the Teachers'20
Retirement System of Louisiana, the Louisiana School Employees' Retirement21
System, the Municipal Police Employees' Retirement System, the Louisiana State22
Police Pension and Retirement System, the Parochial Employees' Retirement System23
of Louisiana, the Municipal Employees ' Retirement System of Louisiana, the24
Firefighters Retirement System, the Assessors' Retirement Fund, the Clerks of Court25
Retirement and Relief Fund, the Registrars of Voters Employees' Retirement System,26
the Sheriffs' Pension and Relief Fund, and the District Attorneys' Retirement System27
are hereby authorized, jointly or otherwise, to at their option either employ or28
appoint at their own cost and expense legal counsel, certified public accountants, and29 SB NO. 18
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professional investment personnel who shall be full-time in-house staff members of1
said systems, who may be members of the appropriate public retirement system, and2
who may participate in the state's group life, health, and hospitalization insurance3
program, or to retain legal counsel to represent said systems who shall not be a4
member of any of the above systems.5
* * *6
§262. Applicability7
The provisions of this Subpart are applicable to the following public8
retirement or pension systems, funds, and plans:9
* * *10
(12) Louisiana State Police Pension and Retirement System.11
* * *12
§271. Purpose; elimination of unfunded accrued liability13
* * *14
B. The provisions of this Section are applicable to the following public15
retirement systems:16
* * *17
(12) Louisiana State Police Pension and Retirement System.18
* * *19
§272. Early retirement eligibility20
A. Notwithstanding any other provision of law to the contrary, the provisions21
of this Section shall be applicable to all members of the following public retirement22
systems:23
* * *24
(2) Louisiana State Police Pension and Relief Fund Retirement System,25
* * *26
§312. Application, definitions27
A. The provisions of this Subpart shall apply to the following public28
retirement or pension systems, plans, or funds:29 SB NO. 18
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* * *1
(12) Louisiana State Police Pension and Retirement System.2
* * *3
§417. Members employed in other state or public employment4
A. Any person who is a member of the Louisiana State Employees'5
Retirement System, who has creditable membership service of at least five years in6
this system, and who becomes employed in other state or public employment where7
he is no longer eligible for membership in this system, but is eligible for membership8
in the Louisiana School Employees' Retirement System, the Louisiana State Police9
Pension and Retirement Fund System, the Teachers' Retirement System of10
Louisiana, or the Municipal Police Employees' Retirement System shall have the11
right to remain a member of this system in lieu of membership in the other state or12
statewide retirement system by filing a notice of election to remain in this system,13
in writing, with the board of trustees within thirty days after the effective date of14
employment. Such election shall be irrevocable.15
* * *16
C. Any person who is a member of the Louisiana State Employees'17
Retirement System, who becomes employed in other state or public employment18
where he is no longer eligible for membership in this system as a result of official19
actions over which the member has no control, who is eligible for membership in the20
Louisiana School Employees' Retirement System, the Louisiana State Police21
Pension and Retirement System, the Teachers' Retirement System of Louisiana, or22
the Municipal Employees' Retirement System, and who has at least one year of23
creditable service in this system, shall have the right to remain a member of this24
system in lieu of membership in the other state or statewide retirement system, by25
filing a notice of election to remain in the system, in writing, with the board of26
trustees within thirty days after the effective date of the change in employment. The27
election shall be irrevocable.28
* * *29 SB NO. 18
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§516. Joint administration with other systems1
The board of trustees may take such actions as it deems necessary or2
appropriate to provide for the joint administration of the retirement system and the3
Louisiana State Police Pension and Retirement System; however, no action shall be4
taken which would impair the integrity of the board of trustees of each of the systems5
or the integrity of funds and investments of each of the systems. The boards may,6
pursuant to the authority herein, appoint the same secretary-treasurer or7
secretary-manager , any other provision of law to the contrary notwithstanding.8
Funds appropriated for the administration of each system shall be used for such9
purpose and in the category of expenditures appropriated but otherwise may be10
transferred to accomplish the purposes of this Section without the necessity of11
additional approval by the legislature, the Legislative Budget Committee, or its12
successor, or the division of administration or its commissioner.13
* * *14
§1301. Definitions15
As used in this Chapter, the following terms have these meanings:16
(1) "Board" means the Louisiana State Police Retirement System Board.17
* * *18
(4) "Fund" means the Louisiana State Police Retirement System Fund.19
* * *20
(8) "System" means the Louisiana State Police Pension and Retirement21
System.22
* * *23
§1302. Creation and composition of board; powers; expenses of administration24
A. The Louisiana State Police Retirement System Board is created and is25
composed of the following members:26
* * *27
§1305. Membership in pension and retirement system; credit for unclassified service28
prohibited; exceptions29 SB NO. 18
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A. Membership in the Louisiana State Police Pension and Retirement1
System shall consist of the following:2
* * *3
B. Except for the secretary and the deputy secretary of the Department of4
Public Safety and Corrections who shall be unclassified state employees, all5
members of the state police pension and retirement system State Police Retirement6
System shall be classified employees under the state civil service system and after7
July 27, 1966 no service credit shall be allowed in the system for unclassified service8
with the office of state police except for service as secretary and deputy secretary of9
the Department of Public Safety and Corrections.10
* * *11
§1307. Persons eligible to retire on basis of service and age; retirement benefits12
* * *13
D.(1) Regardless of the compensation actually paid to a member, retirement14
benefits from the Louisiana State Police Pension and Retirement System shall be as15
provided in this Chapter, except that his retirement benefits shall not exceed the16
amount he would receive, assuming for computation purposes his earnings were17
equal to the highest step of the pay range for the highest classified position in the18
office of state police. The member's contributions shall be based upon the above19
salary assumed for computation purposes.20
* * *21
§1307.1. Exceptions22
A. The provisions of R.S. 11:1307(A) as set forth in Section 1 of Acts 2001,23
No. 1160, shall not be applicable to those persons who retired from or became24
beneficiaries of the Louisiana State Police Pension and Retirement System on or25
before June 30, 2001. The provisions of R.S. 11:1307(A) shall apply to any such26
person as R.S. 11:1307(A) was in effect at the time of such person's retirement.27
* * *28
§1329. Increase in pensions; sale of drivers' licenses29 SB NO. 18
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An increase of twenty-five per cent in the pensions presently being paid to1
former officers and employees of the State Police Department who retired prior to2
January 1, 1955 under the provisions of R.S. 11:1306 through 1326, as amended, is3
hereby authorized, and out of the receipt derived from the sale of "drivers' licenses"4
accruing to the Driver's License Division of the Department of Public Safety and5
Corrections under the provisions of R.S. 32:412, the sum of twenty thousand dollars6
is hereby appropriated, set aside and dedicated for the fiscal year 1961-62 and each7
Fiscal Year thereafter to pay the increases herein authorized, and said amount shall8
be deposited annually in the Louisiana State Police Pension and Retirement System9
Fund from which fund said increases shall be paid.10
* * *11
§1345.1. Creation; application12
There is hereby created a retirement plan within this system for persons who13
would otherwise be eligible for membership in the Louisiana State Police14
Employees' Pension and Retirement System but whose first employment making him15
eligible for membership in one of the state systems occurred on or after January 1,16
2011. Such plan shall be known as the New State Police Retirement Plan. Any other17
provisions of this Chapter or any other laws to the contrary notwithstanding, the18
retirement of such persons shall be governed by the provisions of this Part; however,19
if provisions of this Chapter cover matters not specifically addressed by the20
provisions of this Part or if any of the provisions of this Chapter are made applicable21
in this Part, then those provisions shall apply to members governed by this Part.22
§1345.2. Application; definitions23
Terms not specifically defined in this Section shall have the meanings24
provided in R.S. 11:1301 unless a different meaning is clearly required by the25
context. For purposes of this Part:26
* * *27
(4) "System" means the Louisiana State Police Pension and Retirement28
System.29 SB NO. 18
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren Bailey.
DIGEST
Guillory (SB 18)
Present law provides relative to the State Police Pension and Retirement System and uses
various names for the system.
Proposed law clarifies that the official name of the system is the Louisiana State Police
Retirement System.
(Amends R.S. 11:4(A)(1)(d), 22(B)(12), 42(B)(10), 62(10), 102(B)(3)(d)(viii), 148(B),
154(A)(2), 158(B)(13), 162(A), 173(A)(2), 174(B)(2), 181(A)(4), 182(A)(1), 185(A)(4),
211(heading), 222(A), 223, 234(A)(12), 251, 262(12), 271(B)(12), 272(A)(2), 312(A)(12),
417(A) and (C), 516, 1301(1),(4), and (8), 1302(A)(intro. para.), 1305(A)(intro. para.) and
(B), 1307(D)(1), 1307.1(A), 1329, 1345.1, and 1345.2(4))