HLS 14RS-439 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 75
BY REPRESENTATIVE MONTOUCET
RETIREMENT/FIREFIGHTERS: Requires court order be provided to the Firefighters'
Retirement System before the system can seize or garnish benefits of a member
AN ACT1
To amend and reenact R.S. 11:2263, relative to the Firefighters' Retirement System; to2
provide relative to the garnishment or seizure of benefits and refunds; to require3
certain documentation relative to such garnishment or seizure; to provide relative to4
the obligations of the system with respect to such garnishment or seizure; to provide5
an effective date; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article X, Section 29(C) of the Constitution8
of Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 11:2263 is hereby amended and reenacted to read as follows:11
ยง2263. Exemption from execution12
A. The right of a person to a pension, an annuity, or a retirement allowance,13
to the return of contributions, the pension, annuity, or retirement allowance itself,14
any optional benefit or any other right accrued or accruing to any person under the15
provisions of this Subpart, and the moneys monies in the various funds created by16
this Subpart are hereby exempt from any state or municipal tax and exempt from17
levy and sale, garnishment, attachment, or any other process whatsoever, except as18
provided in R.S. 11:292, and shall be unassignable except as in this Subpart19
specifically otherwise provided.20 HLS 14RS-439 ENGROSSED
HB NO. 75
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. Notwithstanding any provision of law to the contrary, including Chapter1
1 of Title XIII of the Louisiana Children's Code, any funds payable from the system2
shall be subject to the provisions of R.S. 11:292 only if a certified copy of a court3
order or judgment bearing the signature of the issuing court or administrative law4
judge is first provided to the system. If no certified copy of such order or judgment5
has been received by the system, the system shall continue to pay the entire amount6
of any benefit or refund of contributions to the former member, retiree, designated7
beneficiary, survivor benefit recipient, or the estate of a deceased member, as8
applicable. Until the system is in receipt of the certified order or judgment required9
by this Subsection, the system shall not be required to withhold any monies ordered10
garnished, and after receipt, the system shall only be required to enforce the11
garnishment prospectively.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Montoucet HB No. 75
Abstract: Requires that a court order be provided to the Firefighters' Retirement System
(FRS) for implementation of seizure or garnishment of benefits.
Present law provides that any current or former member's or retiree's retirement allowance,
benefit, or refund of accumulated contributions or any portion thereof payable to a spouse
or former spouse under present law regarding a community property interest, is subject to
garnishment or court-ordered assignment to pay child support.
Present law provides that any current or former member's or retiree's retirement allowance,
benefit, or refund of accumulated contributions is subject to court-ordered garnishment to
pay restitution or a fine for commission of a job-related felony offense committed by an
elected official or public employee. HLS 14RS-439 ENGROSSED
HB NO. 75
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that any funds payable from FRS are subject to present law only if
a certified copy of a court order or judgment is provided to FRS bearing the signature of the
issuing court or administrative law judge.
Proposed law provides that where no certified copy of an order or judgment has been
received by FRS, the system shall continue to pay the entire amount of any funds due to the
retiree, designated beneficiary, survivor benefit recipient, or the estate of a deceased
member, as applicable. Further provides that upon receipt of the certified order or judgment,
the system is only required to enforce the garnishment prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 11:2263)