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Regular Session, 2012
SENATE BILL NO. 48
BY SENATOR GUILLORY
RETIREMENT SYSTEMS. Provides relative to membership on the boards of state
retirement systems. (6/30/12)
AN ACT1
To amend and reenact R.S. 11:511, 822(A) and (B), 1162(A), and 1164, relative to state2
retirement systems; to provide relative to the membership of the boards of trustees3
of the Louisiana State Employees' Retirement System, the Teachers' Retirement4
System of Louisiana, and the Louisiana School Employees' Retirement System; and5
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. 11:511, 822(A) and (B), 1162(A), and 1164 are hereby amended and9
reenacted to read as follows: 10
§511. Composition of board of trustees11
The board of trustees shall consist of twelve members, as follows:12
(1) The chairman of the Retirement Committee of the House of13
Representatives, ex officio, or his designee.14
(2) The chairman of the Retirement Committee of the Senate, ex officio, or15
his designee.16
(3) The treasurer of the state of Louisiana, ex officio, or his designee.17 SB NO. 48
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(4) The commissioner of administration, ex officio, or his designee.1
(5) Six trustees who shall be active employees and members of the system2
with at least ten years of creditable service and who shall be elected by the members3
of the system for a term of four years to succeed members whose terms expire under4
rules and regulations adopted by the board to govern the elections. However, those5
trustees whose terms begin on or after January 1, 1998, shall be eligible to serve only6
three consecutive four-year terms, to include any term served as an active or retired7
member. Upon the completion of the third consecutive four-year term, the trustee8
shall be ineligible for a fourth consecutive term of office. An active member who9
retires while serving on the board shall be allowed to remain on the board for the10
remainder of the term for which elected. The director, assistant directors, chief11
investment officer, and other employees of the staff of the system shall be ineligible12
for membership on the board, and no member of the board elected under this Section13
shall be eligible for one of these positions for a period of two years after the14
termination of their service on the board. No department in the executive branch of15
state government, as more particularly described in Title 36 of the Louisiana Revised16
Statutes of 1950, as amended and revised, may have more than two trustees serving17
on the board at the same time. The candidate or candidates who have received the18
highest and next highest vote tallies, and who do not violate the prohibition against19
more than two trustees serving from the same department, shall be declared the20
elected trustee or trustees.21
(5) (6) Three trustees who are retired members of the system and who shall22
represent the retired members of the system. The retired trustees shall be elected by23
the retired members of the system for a term of four years. However, those trustees24
whose terms begin on or after January 1, 1998, shall be eligible to serve only three25
consecutive four-year terms, to include any term served as an active or retired26
member. Upon the completion of the third consecutive four-year term, the trustee27
shall be ineligible for a fourth consecutive term of office. The election shall be held28
in accordance with the rules adopted by the board to govern the elections of trustees.29 SB NO. 48
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Vacancies shall be filled in accordance with R.S. 11:512.1
* * *2
§822. Members of board of trustees; appointment or election; terms of office;3
vacancies; compensation4
A. The board shall consist of such trustees as follows:5
(1) The state superintendent of public education, or his first assistant,6
appointed pursuant to Article IV, Section 13 of the Louisiana Constitution of 1974,7
ex officio, or his designee.8
(2) One voting member representing the members paid by school food9
service funds shall be elected by a majority of said the members for a four-year term.10
(3) The state treasurer, ex officio, or his designee.11
(4) The commissioner of administration, ex officio, or his designee.12
(5) The chairman of the Retirement Committee of the House of13
Representatives of the Louisiana Legislature, ex officio, or his designee.14
(5) (6) The chairman of the Retirement Committee of the Senate of the15
Louisiana Legislature, ex officio, or his designee.16
(6) (7) One voting member representing the state colleges and universities17
at large shall be elected by a majority of the members of the Teachers' Retirement18
System of Louisiana employed by the colleges and universities of the state for a19
four-year term.20
(7) (8) One voting member from and to represent each of seven districts, to21
be elected by a majority of the members employed in the respective districts to a22
four-year term, except those members who are employed by the state colleges and23
universities and who elect a representative under Paragraph (6) (7) of this Subsection24
and those members paid by school food service funds and who elect a representative25
under Paragraph (2) of this Subsection and who shall not be a parish or city26
superintendent of schools. The seven districts shall be composed of parishes as27
follows:28
(a) District 1: Ascension, St. James, St. John the Baptist, St. Charles,29 SB NO. 48
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Jefferson, Plaquemines, St. Bernard.1
(b) District 2: Washington, St. Tammany, Orleans.2
(c) District 3: East Baton Rouge, Iberville, Assumption, Lafourche,3
Terrebonne.4
(d) District 4: Caddo, Bossier, Webster, Claiborne, De Soto DeSoto, Red5
River, Bienville, Lincoln, Sabine, Natchitoches.6
(e) District 5: Union, Morehouse, West Carroll, East Carroll, Jackson,7
Ouachita, Richland, Madison, Caldwell, Franklin, Tensas, Catahoula, Concordia,8
West Feliciana, East Feliciana, St. Helena, Livingston, Tangipahoa.9
(f) District 6: Winn, Grant, LaSalle, Vernon, Rapides, Avoyelles,10
Beauregard, Allen, Evangeline, St. Landry, Pointe Coupee, Jefferson Davis, St.11
Martin, West Baton Rouge.12
(g) District 7: Calcasieu, Acadia, Cameron, Vermilion, Lafayette, Iberia, St.13
Mary.14
(8) (9) Two voting members to represent the retired teachers shall be elected15
by a majority of those voting retired members of the Teachers' Retirement System16
of Louisiana for a four-year term.17
(9) (10) One voting member, who shall be a parish or city superintendent of18
schools, shall be elected by all parish and city superintendents of schools in19
Louisiana, for a four-year term.20
B. There shall be no restriction as to type of employment or position held as21
a qualification for any member seeking election under Paragraphs (6) through (8) of22
Subsection A (A)(7) through (9) of this Section; however, an elected member of the23
board who has served at least twelve months of his term shall be eligible to continue24
as a member of the board following the effective date of his retirement from the25
system, until the expiration of the term for which he was elected; however, no26
elected member of the board shall be eligible to continue as a member of the board27
after December thirty-first following any change in his principal residence,28
employment, or status which would otherwise render him ineligible to become a29 SB NO. 48
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candidate for the position to which he was previously elected.1
* * *2
§1162. Members of board of trustees; appointment or election; terms of office;3
vacancies; compensation4
A. The board shall consist of eleven trustees, as follows:5
(1) President of the Louisiana School Bus Operators' Association, ex officio.6
(2) Chairman of the Appropriations Retirement Committee of the House of7
Representatives, ex officio, or his designee.8
(3) Chairman of the Retirement Committee of the Senate, ex officio, or his9
designee.10
(4) The secretary of state, ex officio , or his designee.11
(5) The state treasurer, ex officio, or his designee.12
(6) The commissioner of administration, ex officio, or his designee.13
(6)(a) (7)(a) Four members of the system shall be elected by the members14
of the retirement system for a term of four years each, according to such rules and15
regulations as the board of trustees shall adopt to govern such elections. Except as16
otherwise provided in this Paragraph, each board member shall be a resident of the17
district represented. The districts will elect a member for a four-year term with the18
elections staggered so as to elect one member each year. Participation in the19
Deferred Retirement Option Plan shall not cause a member to be ineligible for20
candidacy in an election for the active member position on the board of trustees.21
Any member of this system who is elected to serve as a representative of the active22
members on the board of trustees and who, after such election, either commences23
participation in the Deferred Retirement Option Plan or retires shall not have his24
term of office as a trustee affected by either of those events.25
(b) Beginning March 1, 1997, and until December 31, 2008, the districts26
shall be composed of the following parishes:27
(i) District 1: Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St.28
Bernard, St. Charles, St. James, St. John the Baptist, and Terrebonne.29 SB NO. 48
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(ii) District 2: Ascension, East Baton Rouge, East Feliciana, Iberville,1
Lafayette, Livingston, St. Helena, St. Martin, St. Tammany, Tangipahoa,2
Washington, West Baton Rouge, and West Feliciana.3
(iii) District 3: Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne,4
Concordia, DeSoto, East Carroll, Franklin, Jackson, LaSalle, Lincoln, Madison,5
Morehouse, Ouachita, Red River, Richland, Tensas, Union, Webster, West Carroll,6
and Winn.7
(iv) District 4: Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron,8
Evangeline, Grant, Iberia, Jefferson Davis, Natchitoches, Pointe Coupee, Rapides,9
Sabine, St. Landry, St. Mary, Vermilion, and Vernon.10
(c) Each member elected pursuant to this Paragraph who takes office on or11
after January 1, 2009, shall be elected from districts composed as provided in this12
Subparagraph. Each member serving on December 31, 2008, who was elected to13
represent a district as provided in Subparagraph (b) of this Paragraph shall represent14
the district as provided in this Subparagraph having the same number designation as15
the district as provided in Subparagraph (b) of this Paragraph from which the16
member was elected until the expiration of his term of office, whether or not he is17
a resident of the district as provided in this Subparagraph. Each successor of a18
member serving on December 31, 2008, who was elected to represent a district as19
provided in Subparagraph (b) of this Paragraph shall be elected from the district as20
provided in this Subparagraph having the same number designation and shall be a21
resident of the district as provided in this Subparagraph. On January 1, 2009, and22
thereafter, the districts shall be composed of the following parishes:23
(i) District 1: Assumption, Iberia, Iberville, Jefferson, Lafayette, Lafourche,24
Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St.25
Martin, St. Mary, and Terrebonne.26
(ii) District 2: Ascension, East Baton Rouge, East Feliciana, Livingston, St.27
Helena, St. Tammany, Tangipahoa, Washington, West Baton Rouge, and West28
Feliciana.29 SB NO. 48
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(iii) District 3: Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne,1
Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita,2
Richland, Tensas, Union, Webster, and West Carroll.3
(iv) District 4: Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron,4
Desoto DeSoto, Evangeline, Grant, Jefferson Davis, LaSalle, Natchitoches, Pointe5
Coupee, Rapides, Red River, Sabine, St. Landry, Vermilion, Vernon, and Winn.6
(7) (8) Two retired members elected at large by the retirees of the retirement7
system, provided the members' terms of office are for the same duration, but8
staggered so that the beginning and ending years of each member's term are not on9
the same year, and the member's terms and elections shall be governed according to10
rules and regulations adopted by the board of trustees.11
* * *12
§1164. Voting power of trustees; votes necessary for action of board13
Each trustee shall be entitled to one vote in the board. Five Six votes shall14
be necessary for a decision by the trustees at any meeting of the board.15
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the16
governor and subsequently approved by the legislature, this Act shall become effective on17
June 30, 2012, or on the day following such approval by the legislature, whichever is later.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Laura Gail Sullivan.
DIGEST
Present law provides relative to the membership of the boards of LASERS, TRSL, and
LSERS. Proposed law adds the commissioner of administration or his designee to the
boards of LASERS, TRSL, and LSERS.
Present law provides for various ex officio members of the board of each retirement system
and authorizes some ex officio members to designate someone to serve for them. Proposed
law authorizes the remaining ex officio members to name a designee and makes other
changes as follows:
LASERS: the chairmen of the House and Senate retirement committees and the
treasurer are authorized to name a designee.
TRSL: the treasurer and the state superintendent of education are authorized to name
a designee. Proposed law also removes specific reference to the superintendent
designating his first assistant. SB NO. 48
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LSERS: the treasurer, the secretary of state, and the chairman of the Senate
Retirement Committee are authorized to name a designee. Proposed law also
replaces the chairman of the House Appropriations Committee with the chairman of
the House Retirement Committee and authorizes the latter to name a designee.
Effective June 30, 2012.
(Amends R.S. 11:511, 822(A) and (B), 1162(A), and 1164)