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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 Municipal2
Employees' Retirement System of Louisiana; to provide for compliance with3
applicable federal tax qualification requirements; to provide an effective date; and4
to provide for related 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withdrawn contributions11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 Section 414(u) of the United States Internal Revenue Code14
shall be treated, for vesting and benefit accrual purposes, as service completed15
under this Section, provided the member timely remits to the system any16
employee contributions which would have been required but for the member's17 SB NO. 36
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leave of absence to perform qualified military service, in accordance with the1
terms of 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 that do not require8
legislative action shall be enacted through 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 Section14
414(u) of the United States Internal Revenue Code, the member's beneficiary15
shall be entitled to any benefits that would have been provided, except those16
benefit accruals relating to the period of qualified military service, under the17
plan had the member resumed and then terminated employment on account of18
death, in accordance with Section 401(a)(37) of the United States Internal19
Revenue Code. However, the member's beneficiary shall be entitled to benefit20
accruals relating to the period of qualified military service provided the21
member's beneficiary timely remits to the system any employee contributions22
which would have been required but for the member's leave of absence to23
perform qualified military service, in accordance with the terms of federal law24
and R.S. 11:1755.25
* * *26
§1805. Survivor benefits; eligibility27
* * *28
C. Effective January 1, 2007, in the case of a member who dies while on29 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.
a leave of absence to perform qualified military service as described in Section1
414(u) of the United States Internal Revenue Code, the member's beneficiary2
shall be entitled to any benefits that would have been provided, except those3
benefit accruals relating to the period of qualified military service, under the4
plan had the member resumed and then terminated employment on account of5
death, in accordance with Section 401(a)(37) of the United States Internal6
Revenue Code. However, the member's beneficiary shall be entitled to benefit7
accruals relating to the period of qualified military service provided the8
member's beneficiary timely remits to the system any employee contributions9
which would have been required but for the member's leave of absence to10
perform qualified military service, in accordance with the terms of federal law11
and R.S. 11:1755.12
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the13
governor and subsequently approved by the legislature, this Act shall become effective on14
June 30, 2012, or on the day following such approval by the legislature, whichever is later.15
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 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))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Clarifies that any and all amendments and regulations that do not require
legislative action, that are required in order to comply with the United States
Internal Revenue Code, shall be enacted through the Louisiana
Administrative Code.