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Regular Session, 2012
SENATE BILL NO. 36
BY SENATOR GUILLORY
MUNICIPAL EMPLOYEE RET. Provides for compliance with federal tax qualification
requirements. (6/30/12)
AN ACT1
To enact R.S.11:1755(G), 1769(F), 1785(D), and 1805(C), relative to Municipal Employees'2
Retirement System of Louisiana; to provide for compliance with applicable federal3
tax qualification requirements; to provide an effective date; and to provide for related4
matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S.11:1755(G), 1769(F), 1785(D), and 1805(C) are hereby enacted to8
read as follows: 9
§1755. Creditable service; service certificate; adjusted service date; repayment of10
withdrawn contributions11
* * *12
G. The qualified military service of a member who has been reemployed13
under the terms of §414(u) of the United States Internal Revenue Code shall be14
treated, for vesting and benefit accrual purposes, as service completed under15
this Section, provided the member timely remits to the system any employee16
contributions which would have been required but for the member's leave of17 SB NO. 36
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words in boldface type and underscored are additions.
absence to perform qualified military service, in accordance with the terms of1
federal law.2
* * *3
§1769. Internal Revenue Code; qualification requirements4
* * *5
F. As of January 1, 2012, any and all amendments required primarily6
for the purpose of maintaining continued compliance with the United States7
Internal Revenue Code and the regulations thereunder shall be enacted through8
the Louisiana Administrative Code.9
* * *10
§1785. Survivor benefits; eligibility11
* * *12
D. Effective January 1, 2007, in the case of a member who dies while on13
a leave of absence to perform qualified military service as described in §414(u)14
of the United States Internal Revenue Code, the member's beneficiary shall be15
entitled to any benefits that would have been provided, except those benefit16
accruals relating to the period of qualified military service, under the plan had17
the member resumed and then terminated employment on account of death, in18
accordance with §401(a)(37) of the United States Internal Revenue Code.19
However, the member's beneficiary shall be entitled to benefit accruals relating20
to the period of qualified military service provided the member's beneficiary21
timely remits to the system any employee contributions which would have been22
required but for the member's leave of absence to perform qualified military23
service, in accordance with the terms of federal law and R.S. 11:1755.24
* * *25
§1805. Survivor benefits; eligibility26
* * *27
C. Effective January 1, 2007, in the case of a member who dies while on28
a leave of absence to perform qualified military service as described in §414(u)29 SB NO. 36
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the United States Internal Revenue Code, the member's beneficiary shall be1
entitled to any benefits that would have been provided, except those benefit2
accruals relating to the period of qualified military service, under the plan had3
the member resumed and then terminated employment on account of death, in4
accordance with §401(a)(37) of the United States Internal Revenue Code.5
However, the member's beneficiary shall be entitled to benefit accruals relating6
to the period of qualified military service provided the member's beneficiary7
timely remits to the system any employee contributions which would have been8
required but for the member's leave of absence to perform qualified military9
service, in accordance with the terms of federal law and R.S. 11:1755.10
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the11
governor and subsequently approved by the legislature, this Act shall become effective on12
June 30, 2012, or on the day following such approval by the legislature, whichever is later.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lauren Bailey.
DIGEST
Guillory (SB 36)
Present law provides for compliance with federal tax qualification requirements.
Proposed law provides for continued compliance with federal tax qualification requirements.
Effective June 30, 2012.
(Adds R.S. 11:1755(G), 1769(F), 1785(D), and 1805(C))