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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
* * *6
(B)(1) * * *7
(3) With respect to each state public retirement system, the actuarially8
required employer contribution for each fiscal year, commencing with Fiscal Year9
1989-1990, shall be that dollar amount equal to the sum of:10
* * *11
(d) That fiscal year's payment, computed as of the first of that fiscal year and12
projected to the middle of that fiscal year at the actuarially assumed interest rate,13
necessary to amortize changes in actuarial liability due to:14
* * *15
(viii) Effective July 1, 2009, and beginning with Fiscal Year 1992-1993, the16
amortization period for the changes, gains, or losses of the Louisiana State Police17
Pension and Retirement System provided in Items (i) through (iv) of this18
Subparagraph shall be thirty years, or in accordance with standards promulgated by19
the Governmental Accounting Standards Board, from the year in which the change,20
gain, or loss occurred. The outstanding balances of amortization bases established21
pursuant to Items (i) through (iv) of this Subparagraph before Fiscal Year 2008-22
2009, shall be amortized as a level dollar amount from July 1, 2009, through June 30,23
2029. Beginning with Fiscal Year 2008-2009, and for each fiscal year thereafter, the24
outstanding balances of amortization bases established pursuant to Items (i) through25
(iv) of this Subparagraph shall be amortized as a level dollar amount.26
* * *27
§148. Membership age limitations28
* * *29 SB NO. 18
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B. The provisions of Subsection A hereof of this Section shall be1
inapplicable with respect to any employee whose retirement would be governed by2
the Louisiana State Police Pension and Retirement System, the Municipal Police3
Employees' Retirement System or any other public retirement system or plan4
maintained for law enforcement personnel or firefighters, the Sheriffs' Pension and5
Relief Fund, the provisions within the Louisiana State Employees' Retirement6
System governing employees of the Department of Corrections, R.S. 11:531(2)(a)7
Public Safety and Corrections or the provisions within the Louisiana Employees'8
Retirement System governing wildlife and fisheries agents, R.S. 11:581 et seq.9
* * *10
§154. Tax sheltering of employee contributions to retirement11
A. The provisions of this Section shall be applicable to the following public12
retirement systems and pension funds:13
* * *14
(2) Louisiana State Police Pension and Relief Fund Retirement System.15
* * *16
§158. Purchase of service credit in public retirement systems; price17
* * *18
B. The provisions of this Section are applicable to the following public19
retirement or pension systems, funds, and plans:20
* * *21
(13) Louisiana State Police Pension and Retirement System.22
* * *23
§162. Classes of employees not eligible for membership24
A. The provisions of this Section shall apply to the Louisiana State25
Employees' Retirement System, the Teachers' Retirement System of Louisiana, the26
Louisiana State Police Pension and Retirement System, and the Louisiana School27
Employees' Retirement System.28
* * *29 SB NO. 18
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§173. Audit reports; certified public accountants1
A. This Section shall be applicable to the following public retirement2
systems:3
* * *4
(2) Louisiana State Police Pension and Relief Fund Retirement System.5
* * *6
§174. Death reports7
* * *8
B. The provisions of Subsection A shall be applicable to the following public9
retirement systems and pension funds:10
* * *11
(2) Louisiana State Police Pension and Relief Fund Retirement System.12
* * *13
§181. Composition of governing boards of state and statewide systems; per diem14
and expenses15
A. Notwithstanding any other provision of law contained in any of the laws16
governing the state retirement systems listed in this Subsection, or any other laws to17
the contrary, the chairman of the House Committee on Retirement and the chairman18
of the Senate Committee on Retirement, or their designees, shall serve as voting ex19
officio members of the governing boards of each of the following state retirement20
systems:21
* * *22
(4) The Louisiana State Police Pension and Retirement System.23
* * *24
§182. Boards of trustees of state and statewide public retirement systems; per diem25
and expenses26
A.(1) Notwithstanding any other provisions of law to the contrary, the27
members of the boards of trustees of the Louisiana State Employees' Retirement28
System, the Teachers' Retirement System of Louisiana, the Louisiana School29 SB NO. 18
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Employees' Retirement System, the Municipal Police Employees' Retirement1
System, the Louisiana State Police Pension and Retirement System, the Parochial2
Employees' Retirement System of Louisiana, the Municipal Employees' Retirement3
System of Louisiana, the Firefighters' Retirement System, the Assessors' Retirement4
Fund, the Clerks' of Court Retirement and Relief Fund, the Registrars of Voters5
Employees' Retirement System, the Sheriffs' Pension and Relief Fund, and the6
District Attorneys' Retirement System shall receive for attendance at meetings of the7
boards a per diem of seventy-five dollars per meeting plus the normal expense8
allowance, provided funds are available for this purpose.9
* * *10
§185. Educational requirements for members of retirement system boards of trustees11
A. The provisions of this Section shall apply to the following state retirement12
systems:13
* * *14
(4) The Louisiana State Police Pension and Retirement System.15
* * *16
§211. Louisiana State Police Retirement Fund System17
* * *18
§222. Exemption from restrictions on other income for persons confined to a19
wheelchair; state police; municipal police; sheriffs20
A. Any disability beneficiary of the Louisiana State Police Pension and21
Retirement System or of the Municipal Police Employees' Retirement System22
receiving disability benefits as a result of an injury sustained in the line of duty, who,23
as a result of his disability, is permanently and completely confined to a wheelchair24
for movement of person, or is permanently and legally blind as a result of injury25
suffered in the line of duty, shall be exempt from the provisions of R.S. 11:221 or26
any other provision of law which provides for reduction of disability benefits if the27
recipient, subsequent to his disability, becomes gainfully employed.28
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§223. Exemption from restrictions on other income for amputees; state police;1
municipal police2
Any disability beneficiary of the Louisiana State Police Pension and3
Retirement System or of the Municipal Police Employees' Retirement System4
receiving disability benefits as a result of an injury sustained in the line of duty, who,5
as a result of his injury, is an amputee to a degree that he would be disqualified from6
serving as a state trooper or as a municipal policeman, shall be exempt from the7
provisions of R.S. 11:221 or any other provision of law which provides for reduction8
of disability benefits if the recipient, subsequent to his disability, becomes gainfully9
employed.10
* * *11
§234. Survivor benefits12
A. The provisions of this Section shall be applicable to all members of the13
following public retirement systems:14
* * *15
(12) Louisiana State Police Pension and Retirement System.16
* * *17
§251. Legal counsel, certified public accountants, professional investment18
personnel19
Notwithstanding any other provisions of law to the contrary, the boards of20
trustees of the Louisiana State Employees' Retirement System, the Teachers'21
Retirement System of Louisiana, the Louisiana School Employees' Retirement22
System, the Municipal Police Employees' Retirement System, the Louisiana State23
Police Pension and Retirement System, the Parochial Employees' Retirement System24
of Louisiana, the Municipal Employees' Retirement System of Louisiana, the25
Firefighters Retirement System, the Assessors' Retirement Fund, the Clerks of Court26
Retirement and Relief Fund, the Registrars of Voters Employees' Retirement System,27
the Sheriffs' Pension and Relief Fund, and the District Attorneys' Retirement System28
are hereby authorized, jointly or otherwise, to at their option either employ or29 SB NO. 18
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appoint at their own cost and expense legal counsel, certified public accountants, and1
professional investment personnel who shall be full-time in-house staff members of2
said systems, who may be members of the appropriate public retirement system, and3
who may participate in the state's group life, health, and hospitalization insurance4
program, or to retain legal counsel to represent said systems who shall not be a5
member of any of the above systems.6
* * *7
§262. Applicability8
The provisions of this Subpart are applicable to the following public9
retirement or pension systems, funds, and plans:10
* * *11
(12) Louisiana State Police Pension and Retirement System.12
* * *13
§271. Purpose; elimination of unfunded accrued liability14
* * *15
B. The provisions of this Section are applicable to the following public16
retirement systems:17
* * *18
(12) Louisiana State Police Pension and Retirement System.19
* * *20
§272. Early retirement eligibility21
A. Notwithstanding any other provision of law to the contrary, the provisions22
of this Section shall be applicable to all members of the following public retirement23
systems:24
* * *25
(2) Louisiana State Police Pension and Relief Fund Retirement System,26
* * *27
§312. Application, definitions28
A. The provisions of this Subpart shall apply to the following public29 SB NO. 18
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retirement or pension systems, plans, or funds:1
* * *2
(12) Louisiana State Police Pension and Retirement System.3
* * *4
§417. Members employed in other state or public employment5
A. Any person who is a member of the Louisiana State Employees'6
Retirement System, who has creditable membership service of at least five years in7
this system, and who becomes employed in other state or public employment where8
he is no longer eligible for membership in this system, but is eligible for membership9
in the Louisiana School Employees' Retirement System, the Louisiana State Police10
Pension and Retirement Fund System, the Teachers' Retirement System of11
Louisiana, or the Municipal Police Employees' Retirement System shall have the12
right to remain a member of this system in lieu of membership in the other state or13
statewide retirement system by filing a notice of election to remain in this system,14
in writing, with the board of trustees within thirty days after the effective date of15
employment. Such election shall be irrevocable.16
* * *17
C. Any person who is a member of the Louisiana State Employees'18
Retirement System, who becomes employed in other state or public employment19
where he is no longer eligible for membership in this system as a result of official20
actions over which the member has no control, who is eligible for membership in the21
Louisiana School Employees' Retirement System, the Louisiana State Police22
Pension and Retirement System, the Teachers' Retirement System of Louisiana, or23
the Municipal Employees' Retirement System, and who has at least one year of24
creditable service in this system, shall have the right to remain a member of this25
system in lieu of membership in the other state or statewide retirement system, by26
filing a notice of election to remain in the system, in writing, with the board of27
trustees within thirty days after the effective date of the change in employment. The28
election shall be irrevocable.29 SB NO. 18
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* * *1
§516. Joint administration with other systems2
The board of trustees may take such actions as it deems necessary or3
appropriate to provide for the joint administration of the retirement system and the4
Louisiana State Police Pension and Retirement System; however, no action shall be5
taken which would impair the integrity of the board of trustees of each of the systems6
or the integrity of funds and investments of each of the systems. The boards may,7
pursuant to the authority herein, appoint the same secretary-treasurer or8
secretary-man ager, any other provision of law to the contrary notwithstanding.9
Funds appropriated for the administration of each system shall be used for such10
purpose and in the category of expenditures appropriated but otherwise may be11
transferred to accomplish the purposes of this Section without the necessity of12
additional approval by the legislature, the Legislative Budget Committee, or its13
successor, or the division of administration or its commissioner.14
* * *15
§1301. Definitions16
As used in this Chapter, the following terms have these meanings:17
(1) "Board" means the Louisiana State Police Retirement System Board.18
* * *19
(4) "Fund" means the Louisiana State Police Retirement System Fund.20
* * *21
(8) "System" means the Louisiana State Police Pension and Retirement22
System.23
* * *24
§1302. Creation and composition of board; powers; expenses of administration25
A. The Louisiana State Police Retirement System Board is created and is26
composed of the following members:27
* * *28
§1305. Membership in pension and retirement system; credit for unclassified service29 SB NO. 18
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prohibited; exceptions1
A. Membership in the Louisiana State Police Pension and Retirement2
System shall consist of the following:3
* * *4
B. Except for the secretary and the deputy secretary of the Department of5
Public Safety and Corrections who shall be unclassified state employees, all6
members of the state police pension and retirement system State Police Retirement7
System shall be classified employees under the state civil service system and after8
July 27, 1966 no service credit shall be allowed in the system for unclassified service9
with the office of state police except for service as secretary and deputy secretary of10
the Department of Public Safety and Corrections.11
* * *12
§1307. Persons eligible to retire on basis of service and age; retirement benefits13
* * *14
D.(1) Regardless of the compensation actually paid to a member, retirement15
benefits from the Louisiana State Police Pension and Retirement System shall be as16
provided in this Chapter, except that his retirement benefits shall not exceed the17
amount he would receive, assuming for computation purposes his earnings were18
equal to the highest step of the pay range for the highest classified position in the19
office of state police. The member's contributions shall be based upon the above20
salary assumed for computation purposes.21
* * *22
§1307.1. Exceptions23
A. The provisions of R.S. 11:1307(A) as set forth in Section 1 of Acts 2001,24
No. 1160, shall not be applicable to those persons who retired from or became25
beneficiaries of the Louisiana State Police Pension and Retirement System on or26
before June 30, 2001. The provisions of R.S. 11:1307(A) shall apply to any such27
person as R.S. 11:1307(A) was in effect at the time of such person's retirement.28
* * *29 SB NO. 18
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§1329. Increase in pensions; sale of drivers' licenses1
An increase of twenty-five per cent in the pensions presently being paid to2
former officers and employees of the State Police Department who retired prior to3
January 1, 1955 under the provisions of R.S. 11:1306 through 1326, as amended, is4
hereby authorized, and out of the receipt derived from the sale of "drivers' licenses"5
accruing to the Driver's License Division of the Department of Public Safety and6
Corrections under the provisions of R.S. 32:412, the sum of twenty thousand dollars7
is hereby appropriated, set aside and dedicated for the fiscal year 1961-62 and each8
Fiscal Year thereafter to pay the increases herein authorized, and said amount shall9
be deposited annually in the Louisiana State Police Pension and Retirement System10
Fund from which fund said increases shall be paid.11
* * *12
§1345.1. Creation; application13
There is hereby created a retirement plan within this system for persons who14
would otherwise be eligible for membership in the Louisiana State Police15
Employees' Pension and Retirement System but whose first employment making him16
eligible for membership in one of the state systems occurred on or after January 1,17
2011. Such plan shall be known as the New State Police Retirement Plan. Any other18
provisions of this Chapter or any other laws to the contrary notwithstanding, the19
retirement of such persons shall be governed by the provisions of this Part; however,20
if provisions of this Chapter cover matters not specifically addressed by the21
provisions of this Part or if any of the provisions of this Chapter are made applicable22
in this Part, then those provisions shall apply to members governed by this Part.23
§1345.2. Application; definitions24
Terms not specifically defined in this Section shall have the meanings25
provided in R.S. 11:1301 unless a different meaning is clearly required by the26
context. For purposes of this Part:27
* * *28
(4) "System" means the Louisiana State Police Pension and Retirement29 SB NO. 18
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System.1
The original instrument was prepared by Lauren Bailey. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
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))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Technical amendments.