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Regular Session, 2012 ENROLLED
SENATE BILL NO. 48
BY SENATOR GUILLORY
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 the following members, as12
follows:13
(1) The chairman of the Retirement Committee of the House of14
Representatives, ex officio, or his designee.15
(2) The chairman of the Retirement Committee of the Senate, ex officio, or16
his designee. 17
(3) The treasurer of the state of Louisiana, ex officio, or his designee.18
Notwithstanding the provisions of R.S. 49:307.1, the treasurer may name any19
person as his designee to this board.20
(4) The commissioner of administration, ex officio, or his designee.21
(5) Six trustees who shall be active employees and members of the system22
with at least ten years of creditable service and who shall be elected by the members23
of the system for a term of four years to succeed members whose terms expire under24
rules and regulations adopted by the board to govern the elections. However, those25
trustees whose terms begin on or after January 1, 1998, shall be eligible to serve only26
three consecutive four-year terms, to include any term served as an active or retired27
ACT No. 113 SB NO. 48 ENROLLED
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member. Upon the completion of the third consecutive four-year term, the trustee1
shall be ineligible for a fourth consecutive term of office. An active member who2
retires while serving on the board shall be allowed to remain on the board for the3
remainder of the term for which elected. The director, assistant directors, chief4
investment officer, and other employees of the staff of the system shall be ineligible5
for membership on the board, and no member of the board elected under this Section6
shall be eligible for one of these positions for a period of two years after the7
termination of their service on the board. No department in the executive branch of8
state government, as more particularly described in Title 36 of the Louisiana Revised9
Statutes of 1950, as amended and revised, may have more than two trustees serving10
on the board at the same time. The candidate or candidates who have received the11
highest and next highest vote tallies, and who do not violate the prohibition against12
more than two trustees serving from the same department, shall be declared the13
elected trustee or trustees.14
(5) (6) Three trustees who are retired members of the system and who shall15
represent the retired members of the system. The retired trustees shall be elected by16
the retired members of the system for a term of four years. However, those trustees17
whose terms begin on or after January 1, 1998, shall be eligible to serve only three18
consecutive four-year terms, to include any term served as an active or retired19
member. Upon the completion of the third consecutive four-year term, the trustee20
shall be ineligible for a fourth consecutive term of office. The election shall be held21
in accordance with the rules adopted by the board to govern the elections of trustees.22
Vacancies shall be filled in accordance with R.S. 11:512.23
* * *24
§822. Members of board of trustees; appointment or election; terms of office;25
vacancies; compensation26
A. The board shall consist of such trustees as follows:27
(1) The state superintendent of public education, or his first assistant,28
appointed pursuant to Article IV, Section 13 of the Louisiana Constitution of 1974,29
ex officio, or his designee. 30 SB NO. 48 ENROLLED
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(2) One voting member representing the members paid by school food1
service funds shall be elected by a majority of said the members for a four-year term.2
(3) The state treasurer, ex officio, or his designee. Notwithstanding the3
provisions of R.S. 49:307.1, the treasurer may name any person as his designee4
to this board.5
(4) The commissioner of administration, ex officio, or his designee.6
(5) The chairman of the Retirement Committee of the House of7
Representatives of the Louisiana Legislature, ex officio, or his designee.8
(5) (6) The chairman of the Retirement Committee of the Senate of the9
Louisiana Legislature, ex officio, or his designee.10
(6) (7) One voting member representing the state colleges and universities11
at large shall be elected by a majority of the members of the Teachers' Retirement12
System of Louisiana employed by the colleges and universities of the state for a13
four-year term.14
(7) (8) One voting member from and to represent each of seven districts, to15
be elected by a majority of the members employed in the respective districts to a16
four-year term, except those members who are employed by the state colleges and17
universities and who elect a representative under Paragraph (6) (7) of this Subsection18
and those members paid by school food service funds and who elect a representative19
under Paragraph (2) of this Subsection and who shall not be a parish or city20
superintendent of schools. The seven districts shall be composed of parishes as21
follows:22
(a) District 1: Ascension, St. James, St. John the Baptist, St. Charles,23
Jefferson, Plaquemines, St. Bernard.24
(b) District 2: Washington, St. Tammany, Orleans.25
(c) District 3: East Baton Rouge, Iberville, Assumption, Lafourche,26
Terrebonne.27
(d) District 4: Caddo, Bossier, Webster, Claiborne, De Soto DeSoto, Red28
River, Bienville, Lincoln, Sabine, Natchitoches.29
(e) District 5: Union, Morehouse, West Carroll, East Carroll, Jackson,30 SB NO. 48 ENROLLED
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Ouachita, Richland, Madison, Caldwell, Franklin, Tensas, Catahoula, Concordia,1
West Feliciana, East Feliciana, St. Helena, Livingston, Tangipahoa.2
(f) District 6: Winn, Grant, LaSalle, Vernon, Rapides, Avoyelles,3
Beauregard, Allen, Evangeline, St. Landry, Pointe Coupee, Jefferson Davis, St.4
Martin, West Baton Rouge.5
(g) District 7: Calcasieu, Acadia, Cameron, Vermilion, Lafayette, Iberia, St.6
Mary.7
(8) (9) Two voting members to represent the retired teachers shall be elected8
by a majority of those voting retired members of the Teachers' Retirement System9
of Louisiana for a four-year term.10
(9) (10) One voting member, who shall be a parish or city superintendent of11
schools, shall be elected by all parish and city superintendents of schools in12
Louisiana, for a four-year term.13
B. There shall be no restriction as to type of employment or position held as14
a qualification for any member seeking election under Paragraphs (6) through (8) of15
Subsection A (A)(7) through (9) of this Section; however, an elected member of the16
board who has served at least twelve months of his term shall be eligible to continue17
as a member of the board following the effective date of his retirement from the18
system, until the expiration of the term for which he was elected; however, no19
elected member of the board shall be eligible to continue as a member of the board20
after December thirty-first following any change in his principal residence,21
employme nt, or status which would otherwise render him ineligible to become a22
candidate for the position to which he was previously elected.23
* * *24
§1162. Members of board of trustees; appointment or election; terms of office;25
vacancies; compensation26
A. The board shall consist of eleven the following trustees, as follows:27
(1) President of the Louisiana School Bus Operators' Association, ex officio.28
(2) Chairman of the Appropriations Retirement Committee of the House of29
Representatives, ex officio, or his designee.30 SB NO. 48 ENROLLED
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(3) Chairman of the Retirement Committee of the Senate, ex officio, or his1
designee.2
(4) The secretary of state, ex officio , or his designee.3
(5) The state treasurer, ex officio, or his designee. Notwithstanding the4
provisions of R.S. 49:307.1, the treasurer may name any person as his designee5
to this board.6
(6) The commissioner of administration, ex officio, or his designee.7
(6)(a) (7)(a) Four members of the system shall be elected by the members8
of the retirement system for a term of four years each, according to such rules and9
regulations as the board of trustees shall adopt to govern such elections. Except as10
otherwise provided in this Paragraph, each board member shall be a resident of the11
district represented. The districts will elect a member for a four-year term with the12
elections staggered so as to elect one member each year. Participation in the13
Deferred Retirement Option Plan shall not cause a member to be ineligible for14
candidacy in an election for the active member position on the board of trustees.15
Any member of this system who is elected to serve as a representative of the active16
members on the board of trustees and who, after such election, either commences17
participation in the Deferred Retirement Option Plan or retires shall not have his18
term of office as a trustee affected by either of those events.19
(b) Beginning March 1, 1997, and until December 31, 2008, the districts20
shall be composed of the following parishes:21
(i) District 1: Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St.22
Bernard, St. Charles, St. James, St. John the Baptist, and Terrebonne.23
(ii) District 2: Ascension, East Baton Rouge, East Feliciana, Iberville,24
Lafayette, Livingston, St. Helena, St. Martin, St. Tammany, Tangipahoa,25
Washington, West Baton Rouge, and West Feliciana.26
(iii) District 3: Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne,27
Concordia, DeSoto, East Carroll, Franklin, Jackson, LaSalle, Lincoln, Madison,28
Morehouse, Ouachita, Red River, Richland, Tensas, Union, Webster, West Carroll,29
and Winn.30 SB NO. 48 ENROLLED
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(iv) District 4: Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron,1
Evangeline, Grant, Iberia, Jefferson Davis, Natchitoches, Pointe Coupee, Rapides,2
Sabine, St. Landry, St. Mary, Vermilion, and Vernon.3
(c) Each member elected pursuant to this Paragraph who takes office on or4
after January 1, 2009, shall be elected from districts composed as provided in this5
Subparagraph. Each member serving on December 31, 2008, who was elected to6
represent a district as provided in Subparagraph (b) of this Paragraph shall represent7
the district as provided in this Subparagraph having the same number designation as8
the district as provided in Subparagraph (b) of this Paragraph from which the9
member was elected until the expiration of his term of office, whether or not he is10
a resident of the district as provided in this Subparagraph. Each successor of a11
member serving on December 31, 2008, who was elected to represent a district as12
provided in Subparagraph (b) of this Paragraph shall be elected from the district as13
provided in this Subparagraph having the same number designation and shall be a14
resident of the district as provided in this Subparagraph. On January 1, 2009, and15
thereafter, the districts shall be composed of the following parishes:16
(i) District 1: Assumption, Iberia, Iberville, Jefferson, Lafayette, Lafourche,17
Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St.18
Martin, St. Mary, and Terrebonne.19
(ii) District 2: Ascension, East Baton Rouge, East Feliciana, Livingston, St.20
Helena, St. Tammany, Tangipahoa, Washington, West Baton Rouge, and West21
Feliciana.22
(iii) District 3: Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne,23
Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita,24
Richland, Tensas, Union, Webster, and West Carroll.25
(iv) District 4: Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron,26
Desoto DeSoto, Evangeline, Grant, Jefferson Davis, LaSalle, Natchitoches, Pointe27
Coupee, Rapides, Red River, Sabine, St. Landry, Vermilion, Vernon, and Winn.28
(7) (8) Two retired members elected at large by the retirees of the retirement29
system, provided the members' terms of office are for the same duration, but30 SB NO. 48 ENROLLED
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staggered so that the beginning and ending years of each member's term are not on1
the same year, and the member's terms and elections shall be governed according to2
rules and regulations adopted by the board of trustees.3
* * *4
§1164. Voting power of trustees; votes necessary for action of board5
Each trustee shall be entitled to one vote in the board. Five Six votes shall6
be necessary for a decision by the trustees at any meeting of the board.7
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the8
governor and subsequently approved by the legislature, this Act shall become effective on9
June 30, 2012, or on the day following such approval by the legislature, whichever is later.10
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: