HLS 18RS-154 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 8
BY REPRESENTATIVE IVEY
RETIREMENT/CLERKS COURT: Provides relative to the reemployment of retirees of the
Clerks' of Court Retirement and Relief Fund
1 AN ACT
2To amend and reenact R.S. 11:1513(A) and (B) and to repeal R.S. 11:1513(C) and (D),
3 relative to the reemployment of retirees of the Clerks' of Court Retirement and Relief
4 Fund; to provide for the number of hours a retiree may be reemployed without
5 benefit reduction; to require payment of employer contributions during
6 reemployment; and to provide for related matters.
7 Notice of intention to introduce this Act has been published
8 as provided by Article X, Section 29(C) of the Constitution
9 of Louisiana.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 11:1513(A) and (B) are hereby amended and reenacted to read as
12follows:
13 ยง1513. Reemployment of a retiree
14 A. Except as provided in Subsection B of this Section, a A retiree receiving
15 retirement benefits from the system may be temporarily reemployed by a clerk, but
16 the retiree shall not be or become a member of the system during such
17 reemployment. If the retiree is reemployed in any capacity for more than sixty
18 working days, or the equivalent thereof, six hundred thirty hours during any calendar
19 year, the benefits payable to the retiree shall be reduced by the amount he earned
20 after sixty working days, or the equivalent thereof six hundred thirty hours during
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HB NO. 8
1 that calendar year. The retiree and the clerk shall immediately notify the board of
2 the date of reemployment, the amount of salary paid, any changes in salary, the
3 number of hours employed per week, the estimated duration of reemployment, and
4 the date of the termination of the reemployment. If the retiree dies during
5 reemployment, benefits shall be paid to any other person as if death occurred
6 regardless of reemployment pursuant to any option which may have been selected
7 by the retiree at the time of retirement.
8 B. (1) A retiree who has terminated employment and was receiving
9 retirement benefits from the system on January 1, 2007, may be temporarily
10 reemployed by a clerk whose office is located in a parish designated under the
11 Robert T. Stafford Disaster Relief and Emergency Assistance Act as eligible for
12 individual assistance, or individual assistance and public assistance following
13 hurricane Katrina or Rita; however, the retiree shall not be or become a member of
14 the system during such reemployment. If the retiree is reemployed by such a clerk
15 in any capacity for more than one hundred eighty working days, or the equivalent
16 thereof, during any calendar year, the benefits payable to the retiree shall be reduced
17 by the amount he earned after one hundred eighty working days, or the equivalent
18 thereof. The retiree and the clerk shall immediately notify the board of the date of
19 reemployment, the amount of salary paid, any changes in salary, the number of hours
20 employed per week, the estimated duration of reemployment, and the date of the
21 termination of the reemployment. If the retiree dies during reemployment, benefits
22 shall be paid to any other person as if death occurred regardless of reemployment
23 pursuant to any option which may have been selected by the retiree at the time of
24 retirement.
25 (2) Except as provided in Subsection C of this Section regarding certain
26 retirees reemployed by the clerk of the Orleans Parish Civil District Court, the
27 provisions of Paragraph (1) of this Subsection shall expire on July 1, 2012, and
28 thereafter shall be null and void and of no effect.
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HB NO. 8
1 During any period of reemployment after June 30, 2018, whether or not the
2 person is an employee as defined in this Chapter, the employer shall make employer
3 contributions to the retirement system as provided by this Chapter, but the retiree
4 shall receive no additional service credit and shall not accrue any additional
5 retirement benefit in the retirement system. Upon termination of reemployment, the
6 system shall retain the employer contributions and interest on such contributions.
7 Section 2. R.S. 11:1513(C) and (D) are hereby repealed in their entirety.
8 Section 3. This Act shall become effective on July 1, 2018; if vetoed by the governor
9and subsequently approved by the legislature, this Act shall become effective on July 1,
102018, or on the day following such approval by the legislature, whichever is later.
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 8 Engrossed 2018 Regular Session Ivey
Abstract: Requires the payment of employer contributions for all retirees who return to
work in a position covered by the Clerks' of Court Retirement and Relief Fund (the
system) and extends the time period during which a retiree may return to work
without benefit reduction.
Present law allows retirees of the system to be temporarily reemployed by a clerk without
becoming a member of the system during such reemployment. Present law further provides
that if the retiree is reemployed in any capacity for more than the equivalent of 60 working
days during any calendar year, the retirement benefits shall be reduced by the amount he
earned after 60 working days. Proposed law increases the time period that a retiree may
work during a calendar year without benefit reduction from 60 working days to 630 hours.
Present law requires that employers remit employer contributions to the system while the
member is an active member. Proposed law requires that employers pay employer
contributions to the system as provided by present law during any period of reemployment
on or after June 30, 2018. Proposed law applies to retirees who return to work in part-time
or full-time positions. Upon termination of reemployment, proposed law provides for the
system to retain the employer contributions and interest on such contributions.
Present law provides that a retiree who was receiving retirement benefits from the system
on Jan. 1, 2007, may be reemployed by a clerk whose office is located in a parish designated
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as eligible for
individual assistance or individual and public assistance following hurricane Katrina or Rita
without benefit reduction for up to 180 working days. Present law provides that such
provision, except as it applies to retirees reemployed by the clerk of the Orleans Parish Civil
District Court, expired on July 1, 2012. Present law further provides for temporary
reemployment of a retiree employed by the clerk of the Orleans Parish Civil District Court
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HB NO. 8
on or before June 30, 2012, under the same conditions. Present law provides that such
provision expired on July 1, 2013. Proposed law repeals present law.
Present law provides that a retiree who was receiving retirement benefits from the system
on Jan. 1, 2007, and who is temporarily reemployed by the Orleans Parish Civil District
Court on or before June 30, 2012, may work for a period of 90 working days during a
calendar year. Present law provides that such provision expired on July 1, 2014. Proposed
law repeals present law.
Effective July 1, 2018.
(Amends R.S. 11:1513(A) and (B); Repeals R.S. 11:1513(C) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Retirement to the
original bill:
1. Change reemployment period provided by proposed law from 90 days to 630
hours.
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