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Regular Session, 2012 ENROLLED
SENATE BILL NO. 38
BY SENATOR GUILLORY
AN ACT1
To amend and reenact R.S. 11:2144(A) and to enact Part X of Chapter 6 of Subtitle III of2
Title 11 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.3
11:2165.1 through 2165.7, relative to the Registrars of Voters Employees '4
Retirement System; to provide relative to membership, benefit calculation,5
retirement eligibility, and disability benefits for certain members; to provide an6
effective date; and to provide for related matters.7
Notice of intention to introduce this Act has been published.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 11:2144(A) is hereby amended and reenacted and Part X of Chapter10
6 of Subtitle III of Title 11 of the Louisiana Revised Statutes of 1950, comprised of R.S.11
11:2165.1 through 2165.7, is hereby enacted to read as follows: 12
§2144. Deferred Retirement Option Plan13
A. In lieu of terminating employment and accepting a service retirement14
allowance pursuant to this Section, any member who is eligible to receive retirement15
benefits as provided for in R.S. 11:2071 or R.S. 11:2165.4 may elect to participate16
in the Deferred Retirement Option Plan and defer the receipt of benefits in17
accordance with the provisions of this Section.18
* * *19
§2165.1. Creation; application20
There is hereby created a second tier of benefits within this system for21
persons whose first employment making them eligible for membership in this22
system occurred on or after January 1, 2013. The provisions of this Part shall23
be known as "Tier 2" of the system. The provisions of this Chapter applicable24
to persons whose first employment making them eligible for system membership25
occurred before January 1, 2013, shall be known as "Tier 1". Any other26
provisions of this Chapter or any other laws to the contrary notwithstanding,27
ACT No. 719 SB NO. 38 ENROLLED
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the retirement of such persons shall be governed by the provisions of this Part;1
however, if provisions of this Chapter applicable to the original plan cover2
matters not specifically addressed by the provisions of this Part or if any of the3
provisions of this Chapter are made applicable in this Part, then those4
provisions shall apply to members governed by this Part.5
§2165.2. Definitions6
A. As used in this Part, the following terms have the meanings ascribed7
below unless a different meaning is clearly required by the context:8
(1) "Average compensation" shall mean the average annual earned9
compensation of an employee for any period of sixty successive or joined10
months of service as an employee during which earned compensation was the11
highest. In case of interruption of employment, the sixty-month period shall be12
computed by joining employment periods immediately preceding and13
succeeding the interruption.14
(2) "Member" shall include persons who would be eligible for system15
membership pursuant to R.S. 11:2051 but whose first employment making them16
eligible for membership in this system occurred on or after January 1, 2013.17
B. Terms not specifically defined in this Section shall have the meanings18
provided in R.S. 11:2031 unless a different meaning is clearly required by the19
context.20
§2165.3. Eligibility for membership21
Each person who would be eligible for Tier 1 membership but whose22
first employment making him eligible for membership in this system occurred23
on or after January 1, 2013, shall become a member of the Tier 2 of the system24
as a condition of employment.25
§2165.4. Eligibility for retirement26
A. A member upon withdrawal from service shall be entitled to receive27
a retirement allowance which shall begin as of the date specified by the member28
in his application for the allowance but in no event before withdrawal from29
service if he has:30 SB NO. 38 ENROLLED
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(1) Attained the age of sixty-two years and completed at least ten years1
of creditable service.2
(2) Attained the age of sixty years and completed at least twenty years3
of creditable service.4
(3) Attained the age of fifty-five years and completed at least thirty years5
of creditable service.6
B. Any member whose withdrawal from service occurs prior to his7
attaining the age of sixty-two years, who shall have completed more than ten8
years of creditable service and shall not have received a refund of his9
accumulated contributions shall be entitled to receive a retirement allowance10
beginning upon his attaining the age of sixty-two years of the amount earned11
and accrued at the date of withdrawal from service; provided that such benefits12
shall begin at age sixty if he has twenty or more years of creditable service;13
provided further that such benefits shall begin at age fifty-five if he has thirty14
or more years of creditable service.15
§2165.5. Annual amount of retirement allowance16
A. The annual amount of the retirement allowance for any member who17
upon retirement has less than thirty years of creditable service in this fund shall18
be three percent of the average final compensation for each year of creditable19
service. The annual amount of the retirement allowance for any member who20
upon retirement shall have at least thirty years of total creditable service, with21
at least twenty years of creditable service in this system, shall be three and one-22
third percent of the average final compensation for each year of creditable23
service.24
B. The benefits provided in this Section shall not exceed one hundred25
percent of average compensation.26
§2165.6. Disability Retirement27
A. Eligibility for disability benefits, procedures for application for28
disability benefits, procedures for the certification of continuing eligibility for29
disability benefits, the authority of the board of trustees to modify disability30 SB NO. 38 ENROLLED
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benefits, and procedures governing the restoration to active service of a1
formerly disabled employee are specifically provided for in Subpart E of Part2
II of Chapter 4 of Subtitle I of this Title.3
B. The board of trustees shall award disability benefits to eligible4
members who have been officially certified as disabled by the State Medical5
Disability Board. The disability benefit shall be determined as follows:6
(1) Upon retirement for disability, a member shall receive a retirement7
allowance if eligible therefor; otherwise, he shall receive a disability benefit8
which shall be the product of the retirement accrual rate as determined9
pursuant to R.S. 11:2072 multiplied by the member's average compensation10
further multiplied by service as determined to be the lesser of:11
(i) Creditable service earned by the date of the disability application, but12
totaling not less than fifteen years.13
(ii) Projected continued service to age sixty-two.14
(2) In no case shall the disability benefit provided herein exceed two-15
thirds of earnable compensation.16
(3) Any amount received as a compensable wage or a lump sum17
settlement under the provisions of the workers' compensation laws shall be18
applied as an offset against benefits received under the provisions of this19
Subsection, pursuant to rules prescribed by the board. The board shall have20
complete discretion and the authority to determine the extent and application21
of the provisions of this Subsection.22
(4) A member who qualifies for disability retirement benefits may select23
an Option 2 or 3 as specified in R.S. 11:2076 with his spouse as beneficiary.24
Such option factors shall be the same as those utilized for regular retirement25
and shall be based on the age that the member and spouse would have attained26
had the member survived, continued in service, and then retired on the earliest27
normal retirement date.28
§2165.7. Application29
The provisions of the applicable Tier 1 plan shall apply to Tier 2 for any30 SB NO. 38 ENROLLED
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matter on which this Part is silent. In case of any conflict between the1
provisions of Tier 1 and Tier 2, Tier 2 shall prevail.2
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the3
governor and subsequently approved by the legislature, this Act shall become effective on4
June 30, 2012, or on the day following such approval by the legislature, whichever is later.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: