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Regular Session, 2012
SENATE BILL NO. 28
BY SENATOR CORTEZ
STATE POLICE RET FUND. Relative to benefits for members of the State Police
Retirement System. (6/30/12)
AN ACT1
To amend and reenact R.S. 11:1305(A)(1), (C)(1) and (2), 1307(A)(1) and (2)(b), (B), and2
(D)(1), 1345.3, 1345.4(introductory paragraph), (A), (B), and (C), and 1345.5,3
relative to the State Police Pension and Retirement System; to provide relative to4
membership, contributions, eligibility for and calculation of benefits; to provide for5
an effective date; and to provide for related matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S.11:1305(A)(1), (C)(1) and (2), 1307(A)(1) and (2)(b), (B), and (D)(1),9
1345.3, 1345.4(introductory paragraph), (A), (B) and (C), and 1345.5 are hereby amended10
and reenacted to read as follows:11
§1305. Membership in pension and retirement system; credit for unclassified12
service prohibited; exceptions13
A. Membership in the State Police Pension and Retirement System shall14
consist of the following:15
(1) Sworn, commissioned law enforcement officers of the office of state16
police of the Department of Public Safety and Corrections who have satisfactorily17 SB NO. 28
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completed the State Police Training Academy Course of Instruction, as provided by1
pursuant to Act No. 320 of the 1975 Louisiana Legislature and Act No. 94 of the2
1936 Louisiana Legislature, except those employed under the provisions of R.S.3
40:1388 and 1389, who were in the employ of the former division of state police on4
the date of establishment of this system or who are subsequently employed or who5
were employed and left on deposit the amount paid into the system, and sworn6
commissioned law enforcement officers of the office of state police who were7
transferred to other offices of the Department of Public Safety and Corrections8
pursuant to the Executive Reorganization Act prior to January 1, 1979.9
* * *10
C.(1) Notwithstanding any provision of law to the contrary, and particularly11
R.S. 11:1307 or any other provision of this Section, any state police employee who12
is a sworn, commissioned law enforcement officer of the office of state police, who13
serves in an active capacity in an unclassified position in the Department of Public14
Safety and Corrections, and who has previously contributed to this system, shall be15
eligible to continue contributing and accruing creditable service credit in this16
system.17
(2) Any employee described in Paragraph (1) of this Subsection shall be18
entitled to have his or her salary earned in such unclassified capacity included in the19
calculation of retirement benefits which accrue to the employee under this system.20
* * *21
§1307. Persons eligible to retire on basis of service and age; retirement benefits22
A. Upon application to the board as provided in R.S. 11:1306, members of23
this system shall be retired by the board at benefits fixed as follows:24
(1) Any member of the system, whose first employment making him or her25
eligible for membership in one of the state systems occurred on or before December26
31, 2010, and who has attained age fifty and who has credit for at least ten years of27
service shall be paid a monthly benefit equal to the sum of three and one-third28
percent multiplied by the member's monthly average salary, and further multiplied29 SB NO. 28
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by the number of years of service credited to the member's account, but the total1
annual benefit shall not exceed one hundred percent of the member's final average2
annual salary.3
(2) * * *4
(b) Any member of the system whose initial date of employment occurred on5
or after September 8, 1978, and whose first employment making him or her eligible6
for membership in one of the state systems occurred on or before December 31,7
2010, who has credit for at least twenty-five years of service, regardless of age, shall8
be paid a monthly benefit equal to the sum of three and one-third percent multiplied9
by the member's monthly average salary, and further multiplied by the number of10
years of service credited to the member's account, but the total annual benefit shall11
not exceed one hundred percent of the member's final average annual salary.12
* * *13
B. Any member of the system who is a commissioned member of the office14
of state police who has at least twenty years of active service and who retires under15
the provisions of this Section shall be entitled to purchase his or her firearm at fair16
market value, upon retirement, subject to the approval of the deputy secretary of17
public safety services of the department.18
* * *19
D.(1) Regardless of the compensation actually paid to a member, retirement20
benefits from the State Police Pension and Retirement System shall be as provided21
in this Chapter, except that his or her retirement benefits shall not exceed the22
amount he would receive, assuming for computation purposes his or her earnings23
were equal to the highest step of the pay range for the highest classified position in24
the office of state police. The member's contributions shall be based upon the above25
salary assumed for computation purposes.26
* * *27
§1345.3. Eligibility for membership28
Each person who would be eligible for system membership pursuant to R.S.29 SB NO. 28
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11:1305 but whose first employment making him or her eligible for membership in1
one of the state systems occurred on or after January 1, 2011, shall become a2
member of the New State Police Retirement Plan of the system as a condition of3
employment.4
* * *5
§1345.4. Eligibility for retirement6
Any member shall be eligible for retirement if he or she has:7
A. Twenty-five years or more of service credit, at any age.8
B. Twelve years or more of service credit, at age fifty-five or thereafter.9
C. Twenty years of service credit at any age, exclusive of military service10
and unused annual and sick leave, but any person retiring under this Subsection shall11
have his or her benefit, inclusive of military service credit and allowable unused12
annual and sick leave, actuarially reduced from the earliest age that he would13
normally become eligible for a regular retirement benefit under Subsection A or B14
of this Section if he had continued in service to that age. Any employee who elects15
to retire under the provisions of this Subsection shall not be eligible to participate in16
the Back-Deferred Retirement Option Program provided by R.S. 11:1312.1 or the17
Initial Benefit Option provided by R.S. 11:1307(E).18
* * *19
§1345.5. Retirement benefit20
A member shall receive a retirement equal to three and one-third percent of21
average compensation for every each year of creditable service in the plan, not to22
exceed one hundred percent of the member's average compensation.23
* * *24
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the25
governor and subsequently approved by the legislature, this Act shall become effective on26
June 30, 2012, or on the day following such approval by the legislature, whichever is later.27 SB NO. 28
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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
Proposed law relative to the State Police Pension and Retirement System provides for
changes in present law regarding membership, contributions, and eligibility for and
calculation of benefits.
Effective June 30, 2012.
(Amends R.S.11:1305(A)(1), (C)(1) and (2), 1307(A)(1) and (2)(b), (B), and (D)(1), 1345.3,
1345.4(intro. para.), (A), (B), and (C), and 1345.5)