HLS 15RS-617 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 47
BY REPRESENTATIVE ST. GERMAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PROPERTY/COMMUNI TY: Prohibits certain post-divorce earnable compensation in the
Firefighters' Retirement System from being included in a former spouse's portion of
community property
1 AN ACT
2To enact R.S. 11:2256.4, relative to retirement benefits received from the Firefighters'
3 Retirement System; to provide with respect to the calculation of the community
4 portion of such benefits; and to provide for related matters.
5 Notice of intention to introduce this Act has been published
6 as provided by Article X, Section 29(C) of the Constitution
7 of Louisiana.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 11:2256.4 is hereby enacted to read as follows:
10 ยง2256.4. Benefits; community portion
11 Notwithstanding any provision of law to the contrary, any increase in a
12 member's earnable compensation that occurs following termination of a community
13 of acquets and gains and that was conditioned on the member passing both a written
14 examination and a working test shall not be included in the calculation of a former
15 spouse's portion of community property.
16 Section 2. This Act shall become effective upon signature by the governor or, if not
17signed by the governor, upon expiration of the time for bills to become law without signature
18by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-617 ORIGINAL
HB NO. 47
1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following such approval.
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)]
HB 47 Original 2015 Regular Session St. Germain
Abstract: Prohibits inclusion of certain post-divorce earnable compensation in an ex-
spouses's portion of a retirement benefit from the Firefighters' Retirement System
(FRS).
Present law, relative to FRS, defines "earnable compensation" as the full amount of
compensation earned by an employee on a regular tour of duty, including supplemental pay
paid by the state, but not overtime. Present law further provides that a member's benefit
calculation is based on the average of the highest three years of earnable compensation.
Proposed law prohibits inclusion of certain post-divorce earnable compensation in an ex-
spouses's portion of the community property. Provides that a post-divorce increase in
earnable compensation shall not be included in the calculation of a former spouse's portion
of community property if such increase required the member to pass both a written
examination and a working test.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 11:2256.4)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.