Louisiana 2012 Regular Session

Louisiana Senate Bill SB43 Latest Draft

Bill / Chaptered Version

                            Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012	ENROLLED
SENATE BILL NO. 43
BY SENATOR GUILLORY 
AN ACT1
To enact R.S. 11:1404(F), 1411(E), and 1446, relative to the Assessors' Retirement Fund;2
to provide for compliance with federal tax qualification requirements; to provide3
relative to benefits accrued during military service; 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. 11:1404(F), 1411(E), and 1446 are hereby enacted to read as follows:8
§1404.  Amendment of provisions of retirement system9
*          *          *10
F. Amendments to the retirement system required for the purpose of11
maintaining continued compliance with the Internal Revenue Code and the12
regulations thereunder may be promulgated as rules in accordance with the13
Administrative Procedure Act.14
*          *          *15
§1411.  Creditable service16
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E. The qualified military service of a member who has been reemployed18
in accordance with 26 U.S.C. 414(u) shall be treated for vesting and benefit19
accrual purposes as service completed under Subsection A of this Section if the20
member timely remits to the system any employee contributions which would21
have been required but for the member's leave of absence to perform qualified22
military service in accordance with the terms of federal law.23
*          *          *24
ACT No.  230 SB NO. 43	ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§1446.  Military survivor benefits1
Effective January 1, 2007, if a member dies while on a leave of absence2
to perform qualified military service as described in 26 U.S.C. 414(u), his3
beneficiary shall be entitled to any benefit, except benefits that accrued during4
the period of qualified military service that would have been provided under the5
plan had the member resumed and then terminated employment due to death,6
in accordance with 26 U.S.C. 401(a)(37); however, the member's beneficiary7
shall be entitled to benefits that accrued during the period of qualified military8
service if the 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. 11:1411.12
Section 2. This Act shall become effective on July 1, 2012; if vetoed by the governor13
and subsequently approved by the legislature, this Act shall become effective on July 1,14
2012, or on the day following such approval by the legislature, whichever is later.15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: