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Regular Session, 2012 ENROLLED
SENATE BILL NO. 18
BY SENATOR GUILLORY
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
§4. Classifications of public retirement systems; state systems; statewide systems18
As used in this Title, unless the context clearly indicates otherwise, the19
following terms shall have the meanings ascribed to them:20
A.(1) The term "state retirement system", "state system", or "state pension or21
retirement system, plan, or fund" shall mean one of the following:22
* * *23
(d) Louisiana State Police Pension and Retirement System.24
* * *25
§22. Methods of actuarial valuation established26
* * *27
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B. The following funding methods shall be utilized to determine actuarially1
required contributions:2
* * *3
(12) Louisiana State Police Pension and Retirement System: entry age4
normal.5
* * *6
§42. Unfunded accrued liabilities; amortization7
* * *8
B. The provisions of this Subsection shall be implemented and accomplished9
by the governing authorities of the state and statewide public retirement systems as10
set forth herein.11
* * *12
(10) Louisiana State Police Pension and Retirement System. The unfunded13
accrued liability, as of June 30, 1988, determined under the funding method specified14
in R.S. 11:22(B)(12), shall be amortized over a twenty year period, commencing15
with the fiscal year 1989-1990, with level dollar payments annually.16
* * *17
§62. Employee contribution rates established18
Employee contributions to state and statewide public retirement systems shall19
be paid at the following rates, except as otherwise provided by law:20
* * *21
(10) Louisiana State Police Pension and Retirement System:22
* * *23
§102. Employer contributions; determination; state systems24
* * *25
(B)(1) * * *26
(3) With respect to each state public retirement system, the actuarially27
required employer contribution for each fiscal year, commencing with Fiscal Year28
1989-1990, shall be that dollar amount equal to the sum of:29
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(d) That fiscal year's payment, computed as of the first of that fiscal year and1
projected to the middle of that fiscal year at the actuarially assumed interest rate,2
necessary to amortize changes in actuarial liability due to:3
* * *4
(viii) Effective July 1, 2009, and beginning with Fiscal Year 1992-1993, the5
amortization period for the changes, gains, or losses of the Louisiana State Police6
Pension and Retirement System provided in Items (i) through (iv) of this7
Subparagraph shall be thirty years, or in accordance with standards promulgated by8
the Governmental Accounting Standards Board, from the year in which the change,9
gain, or loss occurred. The outstanding balances of amortization bases established10
pursuant to Items (i) through (iv) of this Subparagraph before Fiscal Year 2008-11
2009, shall be amortized as a level dollar amount from July 1, 2009, through June 30,12
2029. Beginning with Fiscal Year 2008-2009, and for each fiscal year thereafter, the13
outstanding balances of amortization bases established pursuant to Items (i) through14
(iv) of this Subparagraph shall be amortized as a level dollar amount.15
* * *16
§148. Membership age limitations17
* * *18
B. The provisions of Subsection A hereof of this Section shall be19
inapplicable with respect to any employee whose retirement would be governed by20
the Louisiana State Police Pension and Retirement System, the Municipal Police21
Employees' Retirement System or any other public retirement system or plan22
maintained for law enforcement personnel or firefighters, the Sheriffs' Pension and23
Relief Fund, the provisions within the Louisiana State Employees' Retirement24
System governing employees of the Department of Corrections, R.S. 11:531(2)(a)25
Public Safety and Corrections or the provisions within the Louisiana Employees'26
Retirement System governing wildlife and fisheries agents, R.S. 11:581 et seq.27
* * *28
§154. Tax sheltering of employee contributions to retirement29
A. The provisions of this Section shall be applicable to the following public30 SB NO. 18 ENROLLED
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retirement systems and pension funds:1
* * *2
(2) Louisiana State Police Pension and Relief Fund Retirement System.3
* * *4
§158. Purchase of service credit in public retirement systems; price5
* * *6
B. The provisions of this Section are applicable to the following public7
retirement or pension systems, funds, and plans:8
* * *9
(13) Louisiana State Police Pension and Retirement System.10
* * *11
§162. Classes of employees not eligible for membership12
A. The provisions of this Section shall apply to the Louisiana State13
Employees' Retirement System, the Teachers' Retirement System of Louisiana, the14
Louisiana State Police Pension and Retirement System, and the Louisiana School15
Employees' Retirement System.16
* * *17
§173. Audit reports; certified public accountants18
A. This Section shall be applicable to the following public retirement19
systems:20
* * *21
(2) Louisiana State Police Pension and Relief Fund Retirement System.22
* * *23
§174. Death reports24
* * *25
B. The provisions of Subsection A shall be applicable to the following public26
retirement systems and pension funds:27
* * *28
(2) Louisiana State Police Pension and Relief Fund Retirement System.29
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§181. Composition of governing boards of state and statewide systems; per diem1
and expenses2
A. Notwithstanding any other provision of law contained in any of the laws3
governing the state retirement systems listed in this Subsection, or any other laws to4
the contrary, the chairman of the House Committee on Retirement and the chairman5
of the Senate Committee on Retirement, or their designees, shall serve as voting ex6
officio members of the governing boards of each of the following state retirement7
systems:8
* * *9
(4) The Louisiana State Police Pension and Retirement System.10
* * *11
§182. Boards of trustees of state and statewide public retirement systems; per diem12
and expenses13
A.(1) Notwithstanding any other provisions of law to the contrary, the14
members of the boards of trustees of the Louisiana State Employees' Retirement15
System, the Teachers' Retirement System of Louisiana, the Louisiana School16
Employees' Retirement System, the Municipal Police Employees' Retirement17
System, the Louisiana State Police Pension and Retirement System, the Parochial18
Employees' Retirement System of Louisiana, the Municipal Employees' Retirement19
System of Louisiana, the Firefighters' Retirement System, the Assessors' Retirement20
Fund, the Clerks' of Court Retirement and Relief Fund, the Registrars of Voters21
Employees' Retirement System, the Sheriffs' Pension and Relief Fund, and the22
District Attorneys' Retirement System shall receive for attendance at meetings of the23
boards a per diem of seventy-five dollars per meeting plus the normal expense24
allowance, provided funds are available for this purpose.25
* * *26
§185. Educational requirements for members of retirement system boards of trustees27
A. The provisions of this Section shall apply to the following state retirement28
systems:29
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(4) The Louisiana State Police Pension and Retirement System.1
* * *2
§211. Louisiana State Police Retirement Fund System3
* * *4
§222. Exemption from restrictions on other income for persons confined to a5
wheelchair; state police; municipal police; sheriffs6
A. Any disability beneficiary of the Louisiana State Police Pension and7
Retirement System or of the Municipal Police Employees' Retirement System8
receiving disability benefits as a result of an injury sustained in the line of duty, who,9
as a result of his disability, is permanently and completely confined to a wheelchair10
for movement of person, or is permanently and legally blind as a result of injury11
suffered in the line of duty, shall be exempt from the provisions of R.S. 11:221 or12
any other provision of law which provides for reduction of disability benefits if the13
recipient, subsequent to his disability, becomes gainfully employed.14
* * *15
§223. Exemption from restrictions on other income for amputees; state police;16
municipal police17
Any disability beneficiary of the Louisiana State Police Pension and18
Retirement System or of the Municipal Police Employees' Retirement System19
receiving disability benefits as a result of an injury sustained in the line of duty, who,20
as a result of his injury, is an amputee to a degree that he would be disqualified from21
serving as a state trooper or as a municipal policeman, shall be exempt from the22
provisions of R.S. 11:221 or any other provision of law which provides for reduction23
of disability benefits if the recipient, subsequent to his disability, becomes gainfully24
employed.25
* * *26
§234. Survivor benefits27
A. The provisions of this Section shall be applicable to all members of the28
following public retirement systems:29
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(12) Louisiana State Police Pension and Retirement System.1
* * *2
§251. Legal counsel, certified public accountants, professional investment3
personnel4
Notwithstanding any other provisions of law to the contrary, the boards of5
trustees of the Louisiana State Employees' Retirement System, the Teachers'6
Retirement System of Louisiana, the Louisiana School Employees' Retirement7
System, the Municipal Police Employees' Retirement System, the Louisiana State8
Police Pension and Retirement System, the Parochial Employees' Retirement System9
of Louisiana, the Municipal Employees' Retirement System of Louisiana, the10
Firefighters Retirement System, the Assessors' Retirement Fund, the Clerks of Court11
Retirement and Relief Fund, the Registrars of Voters Employees' Retirement System,12
the Sheriffs' Pension and Relief Fund, and the District Attorneys' Retirement System13
are hereby authorized, jointly or otherwise, to at their option either employ or14
appoint at their own cost and expense legal counsel, certified public accountants, and15
professional investment personnel who shall be full-time in-house staff members of16
said systems, who may be members of the appropriate public retirement system, and17
who may participate in the state's group life, health, and hospitalization insurance18
program, or to retain legal counsel to represent said systems who shall not be a19
member of any of the above systems.20
* * *21
§262. Applicability22
The provisions of this Subpart are applicable to the following public23
retirement or pension systems, funds, and plans:24
* * *25
(12) Louisiana State Police Pension and Retirement System.26
* * *27
§271. Purpose; elimination of unfunded accrued liability28
* * *29
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retirement systems:1
* * *2
(12) Louisiana State Police Pension and Retirement System.3
* * *4
§272. Early retirement eligibility5
A. Notwithstanding any other provision of law to the contrary, the provisions6
of this Section shall be applicable to all members of the following public retirement7
systems:8
* * *9
(2) Louisiana State Police Pension and Relief Fund Retirement System,10
* * *11
§312. Application, definitions12
A. The provisions of this Subpart shall apply to the following public13
retirement or pension systems, plans, or funds:14
* * *15
(12) Louisiana State Police Pension and Retirement System.16
* * *17
§417. Members employed in other state or public employment18
A. Any person who is a member of the Louisiana State Employees'19
Retirement System, who has creditable membership service of at least five years in20
this system, and who becomes employed in other state or public employment where21
he is no longer eligible for membership in this system, but is eligible for membership22
in the Louisiana School Employees' Retirement System, the Louisiana State Police23
Pension and Retirement Fund System, the Teachers' Retirement System of24
Louisiana, or the Municipal Police Employees' Retirement System shall have the25
right to remain a member of this system in lieu of membership in the other state or26
statewide retirement system by filing a notice of election to remain in this system,27
in writing, with the board of trustees within thirty days after the effective date of28
employment. Such election shall be irrevocable.29
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C. Any person who is a member of the Louisiana State Employees'1
Retirement System, who becomes employed in other state or public employment2
where he is no longer eligible for membership in this system as a result of official3
actions over which the member has no control, who is eligible for membership in the4
Louisiana School Employees' Retirement System, the Louisiana State Police5
Pension and Retirement System, the Teachers' Retirement System of Louisiana, or6
the Municipal Employees' Retirement System, and who has at least one year of7
creditable service in this system, shall have the right to remain a member of this8
system in lieu of membership in the other state or statewide retirement system, by9
filing a notice of election to remain in the system, in writing, with the board of10
trustees within thirty days after the effective date of the change in employment. The11
election shall be irrevocable.12
* * *13
§516. Joint administration with other systems14
The board of trustees may take such actions as it deems necessary or15
appropriate to provide for the joint administration of the retirement system and the16
Louisiana State Police Pension and Retirement System; however, no action shall be17
taken which would impair the integrity of the board of trustees of each of the systems18
or the integrity of funds and investments of each of the systems. The boards may,19
pursuant to the authority herein, appoint the same secretary-treasurer or20
secretary-manager, any other provision of law to the contrary notwithstanding.21
Funds appropriated for the administration of each system shall be used for such22
purpose and in the category of expenditures appropriated but otherwise may be23
transferred to accomplish the purposes of this Section without the necessity of24
additional approval by the legislature, the Legislative Budget Committee, or its25
successor, or the division of administration or its commissioner.26
* * *27
§1301. Definitions28
As used in this Chapter, the following terms have these meanings:29
(1) "Board" means the Louisiana State Police Retirement System Board.30 SB NO. 18 ENROLLED
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* * *1
(4) "Fund" means the Louisiana State Police Retirement System Fund.2
* * *3
(8) "System" means the Louisiana State Police Pension and Retirement4
System.5
* * *6
§1302. Creation and composition of board; powers; expenses of administration7
A. The Louisiana State Police Retirement System Board is created and is8
composed of the following members:9
* * *10
§1305. Membership in pension and retirement system; credit for unclassified service11
prohibited; exceptions12
A. Membership in the Louisiana State Police Pension and Retirement13
System shall consist of the following:14
* * *15
B. Except for the secretary and the deputy secretary of the Department of16
Public Safety and Corrections who shall be unclassified state employees, all17
members of the state police pension and retirement system State Police Retirement18
System shall be classified employees under the state civil service system and after19
July 27, 1966 no service credit shall be allowed in the system for unclassified service20
with the office of state police except for service as secretary and deputy secretary of21
the Department of Public Safety and Corrections.22
* * *23
§1307. Persons eligible to retire on basis of service and age; retirement benefits24
* * *25
D.(1) Regardless of the compensation actually paid to a member, retirement26
benefits from the Louisiana State Police Pension and Retirement System shall be as27
provided in this Chapter, except that his retirement benefits shall not exceed the28
amount he would receive, assuming for computation purposes his earnings were29
equal to the highest step of the pay range for the highest classified position in the30 SB NO. 18 ENROLLED
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office of state police. The member's contributions shall be based upon the above1
salary assumed for computation purposes.2
* * *3
§1307.1. Exceptions4
A. The provisions of R.S. 11:1307(A) as set forth in Section 1 of Acts 2001,5
No. 1160, shall not be applicable to those persons who retired from or became6
beneficiaries of the Louisiana State Police Pension and Retirement System on or7
before June 30, 2001. The provisions of R.S. 11:1307(A) shall apply to any such8
person as R.S. 11:1307(A) was in effect at the time of such person's retirement.9
* * *10
§1329. Increase in pensions; sale of drivers' licenses11
An increase of twenty-five per cent percent in the pensions presently being12
paid to former officers and employees of the State Police Department who retired13
prior to January 1, 1955 under the provisions of R.S. 11:1306 through 1326, as14
amended, is hereby authorized, and out of the receipt derived from the sale of15
"drivers' licenses" accruing to the Driver's License Division of the Department of16
Public Safety and Corrections under the provisions of R.S. 32:412, the sum of17
twenty thousand dollars is hereby appropriated, set aside and dedicated for the fiscal18
year 1961-62 and each Fiscal Year thereafter to pay the increases herein authorized,19
and said amount shall be deposited annually in the Louisiana State Police Pension20
and Retirement System Fund from which fund said increases shall be paid.21
* * *22
§1345.1. Creation; application23
There is hereby created a retirement plan within this system for persons who24
would otherwise be eligible for membership in the Louisiana State Police25
Employees' Pension and Retirement System but whose first employment making him26
eligible for membership in one of the state systems occurred on or after January 1,27
2011. Such plan shall be known as the New State Police Retirement Plan. Any other28
provisions of this Chapter or any other laws to the contrary notwithstanding, the29
retirement of such persons shall be governed by the provisions of this Part; however,30 SB NO. 18 ENROLLED
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if provisions of this Chapter cover matters not specifically addressed by the1
provisions of this Part or if any of the provisions of this Chapter are made applicable2
in this Part, then those provisions shall apply to members governed by this Part.3
§1345.2. Application; definitions4
Terms not specifically defined in this Section shall have the meanings5
provided in R.S. 11:1301 unless a different meaning is clearly required by the6
context. For purposes of this Part:7
* * *8
(4) "System" means the Louisiana State Police Pension and Retirement9
System.10
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: