ENROLLED
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ACT No. 296
Regular Session, 2013
HOUSE BILL NO. 42
BY REPRESENTATIVE ARNOLD
AN ACT1
To amend and reenact R.S. 11:3384(B) and (C) and 3385.1(K)(7)(a) and (g), relative to the2
Firefighters' Pension and Relief Fund in the city of New Orleans; to provide for final3
average compensation; to provide an effective date; and to provide for related4
matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 and Article X, Section7
29(C) of the Constitution of Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 11:3384(B) and (C) and 3385.1(K)(7)(a) and (g) are hereby amended10
and reenacted to read as follows: 11
§3384. Firefighters employed after December 31, 1967; computation of benefits12
* * *13
B. If the firefighter has worked one or more hours of service after December14
31, 1995, he shall receive a retirement benefit equal to two and one-half percent of15
his average compensation based on the four five highest consecutive years of16
employment, multiplied by the number of years of creditable service. If the member17
continues to remain a member of the system beyond twelve years of service and such18
member attains the age of fifty, the retirement benefit for each year or portion of a19
year beyond twelve years of service and after age fifty , shall be an amount equal to20
three and one-third percent of the average annual compensation for each year or21
portion of a year. If the member continues service beyond thirty years, the22 ENROLLEDHB NO. 42
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retirement benefit for each year or portion of a year beyond twelve years of service1
shall be an amount equal to three and one-third percent of the average annual2
compensation for each year or portion of a year. However, the retirement benefit3
shall not exceed a total of three and one-third percent each year. The service benefits4
of such firefighter shall not exceed one hundred percent of the average compensation5
earned during any three five highest average consecutive years of service preceding6
retirement.7
C. A firefighter who has not worked an hour of service after December 31,8
1995, shall receive a retirement allowance equal to two and one-half percent of his9
average salary based on the highest four five consecutive years multiplied by the10
number of years of creditable service, not to exceed seventy-five percent and further11
provided that in the case of those employees who remain in service beyond twelve12
years and who have reached the age of fifty-five years, the percentage shall be three13
percent for all years over twelve, with a maximum benefit of eighty percent.14
* * *15
§3385.1. Deferred Retirement Option Plan16
* * *17
K.18
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(7) Upon termination of employment, the retiree shall receive an additional20
retirement benefit based solely on any additional service rendered since termination21
of participation in the Deferred Retirement Option Plan, using the normal method of22
computation of the benefits, subject to the following:23
(a) If the member was first employed after December 31, 1967, and his24
period of additional service is less than forty-eight months his average compensation25
period at the commencement of participation in the Deferred Retirement Option26
Plan, the average compensation figure used to calculate the additional benefit shall27
be that used to calculate his original benefit. If his period of additional service is28
forty-eight or more months equal to or longer than his average compensation period29
at the commencement of participation in the Deferred Retirement Option Plan, the30 ENROLLEDHB NO. 42
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average compensation figure used to calculate the additional benefit shall be based1
on his compensation during the period of additional service.2
* * *3
(g)(i) In no event shall the additional benefit exceed an amount which, when4
combined with the original benefit, equals one hundred percent of the average of any5
three highest consecutive years of compensation earned by a member electing to6
retire under the old system, or both during participation and after leaving the7
Deferred Retirement Option Plan. 8
(ii) In no event shall the additional benefit exceed an amount which, when9
combined with the original benefit, equals one hundred percent of the average of any10
four highest consecutive years of compensation earned by a member retiring under11
the new system with an average compensation period of four years, both during12
participation and after leaving the Deferred Retirement Option Plan.13
(iii) For any member whose average compensation period is longer than four14
years, in no event shall the additional benefit exceed an amount which, when15
combined with the original benefit, equals one hundred percent of the average of the16
highest consecutive months of compensation for any period equal to the average17
compensation period applicable when the member entered the Deferred Retirement18
Option Plan, both during participation and after leaving the Deferred Retirement19
Option Plan.20
* * *21
Section 2. For those members retiring or entering the Deferred Retirement Option22
Plan or participating in the Deferred Retirement Option Plan on a retroactive basis on or23
after July 1, 2013, and on or before June 30, 2014, the period used to calculate monthly24
average compensation shall be forty-eight months plus the number of whole months since25
July 1, 2013.26 ENROLLEDHB NO. 42
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Section 3. This Act shall become effective July 1, 2013; if vetoed by the governor1
and subsequently approved by the legislature, this Act shall become effective on July 1,2
2013, or on the day following such approval by the legislature, whichever is later. 3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: