Louisiana 2019 2019 Regular Session

Louisiana House Bill HB27 Engrossed / Bill

                    HLS 19RS-287	ENGROSSED
2019 Regular Session
HOUSE BILL NO. 27
BY REPRESENTATIVE JONES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
RETIREMENT/MUNICIPAL EMP:  Provides relative to elected officials who are members
of the Municipal Employees' Retirement System of Louisiana
1	AN ACT
2To amend and reenact  R.S. 11:1762(A)(2) and 1821(G)(3) and (4), relative to elected
3 officials who are members of the Municipal Employees' Retirement System of
4 Louisiana; to provide relative to membership of elected officials on the board of
5 trustees; to provide relative to the reemployment of part-time elected officials; to
6 provide for calculation of benefits; 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. 11:1762(A)(2) and 1821(G)(3) and (4) are hereby amended and
12reenacted to read as follows: 
13 §1762.  Part-time reemployment of retirees
14	A.
15	*          *          *
16	(2)  Whenever a retiree receiving normal retirement benefits becomes
17 reemployed by an employer but he does not meet the definition of an employee and
18 his monthly earnings exceed the difference between his monthly average final
19 compensation and his monthly retirement benefit, his retirement benefits shall be
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HB NO. 27
1 reduced by the amount his monthly earnings exceed the difference between his
2 monthly average final compensation and his monthly retirement benefit for every
3 month of such employment and he shall not be a member of the system.  The
4 calculation of monthly earnings shall not include income attributable to services as
5 a part-time elected official as defined in R.S. 11:164. 
6	*          *          *
7 §1821.  Board of trustees; membership; term of office; oath of office; compensation;
8	voting power; vacancies
9	*          *          *
10	G.
11	*          *          *
12	(3)(a)  A trustee elected pursuant to Subparagraph (2)(a) of this Subsection
13 Paragraph (B)(2) of this Section may continue to serve his full term if he remains a
14 member of the system regardless of change in employment which qualified him for
15 such position.
16	(b)  A trustee elected pursuant to Paragraph (B)(1) of this Section who ceases
17 to hold the elective office that qualified him to serve on the board is not eligible to
18 continue serving on the board.
19	(4)  A vacancy on the board in a position held by an elected trustee shall be
20 filled for the unexpired term by election as provided in Paragraph (2) of this
21 Subsection, except that if the unexpired term is less than two years, the board may
22 fill the vacancy by appointment for the unexpired portion of the term.  If a trustee
23 provided for in Paragraph (B)(1) or (2) of this Section retires, he may continue to
24 serve for the remainder of the term for which he was elected; however, if he ceases
25 to be a member, his term shall expire.
26	*          *          *
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HB NO. 27
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 27 Engrossed 2019 Regular Session	Jones
Abstract:  Provides relative to the calculation of monthly earnings of a retiree of the
Municipal Employees' Retirement System of La. (MERS) who returns to work and
to the eligibility of an elected official to serve as a trustee if he ceases to be an
elected official.
Present law provides for a reduction of retirement benefits when a MERS retiree is
reemployed part time and his monthly earning exceed the difference between his monthly
average final compensation and his monthly retirement benefit.
Proposed law excludes the monthly earnings of certain part-time elected officials from the
calculation used to determine any reduction in benefits for part-time work.
Present law provides that the MERS board of trustees includes three elected officials.
Present law provides that an elected official may continue to serve his full term on the board
of trustees if he ceases to hold the elective office which qualified him for the position.
Proposed law provides that an elected official who no longer holds the elective office which
qualified him for the position may not continue to serve his term as a trustee.
(Amends R.S. 11:1762(A)(2) and 1821(G)(3) and (4))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.