HLS 202ES-66 ORIGINAL
2020 Second Extraordinary Session
HOUSE BILL NO. 36
BY REPRESENTATIVE BACALA
RETIREMENT/STATE SYSTEMS: Provides relative to reemployment of retirees during
a declared emergency (Item #2)
1 AN ACT
2To amend and reenact R.S. 11:149(B) and to enact R.S. 11:416.2, 710.2, 1141.1, and 1311.1,
3 relative to retirees of the Louisiana State Employees' Retirement System, the
4 Teachers' Retirement System of Louisiana, the Louisiana School Employees'
5 Retirement System, and the State Police Pension and Retirement System; to provide
6 relative to the reemployment of such retirees during declared emergencies; to
7 authorize such reemployment without suspension or reduction of retirement benefits;
8 and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 11:149(B) is hereby amended and reenacted and R.S. 11:416.2,
11710.2, 1141.1, and 1311.1 are hereby enacted to read as follows:
12 §149. Reemployment of retirees
13 * * *
14 B.(1) Any person who retires under any an early retirement incentive plan
15 of the state of Louisiana for state employees shall not be reemployed by any
16 department of state government for two years after the effective date of their
17 retirement.
18 (2) The provisions of Paragraph (1) of this Subsection shall not apply to:
19 seasonal
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1 (a) Seasonal fire fighting personnel employed by the office of forestry in the
2 Department of Agriculture and Forestry, and election-related.
3 (b) Election-related personnel in the Department of State. Reemployment
4 of election personnel shall not exceed six weeks prior to an election and two weeks
5 following an election.
6 (c) A retiree from one of the state retirement systems if such reemployment
7 occurs during a state of emergency declared by the governor and the employer
8 certifies in writing to the appropriate retirement system that reemployment of the
9 retiree is critical to the effectiveness of the employer's response to the emergency.
10 * * *
11 §416.2. Reemployment of a retiree during an emergency
12 A. Notwithstanding R.S. 11:416 or any other provision of law, the retirement
13 benefits of a retiree of the system who engages in employment that would render him
14 eligible for membership in the system shall not be suspended, reduced, delayed, or
15 otherwise affected if both of the following conditions apply to the reemployment:
16 (1) The reemployment occurs during a state of emergency declared by the
17 governor.
18 (2) The employer certifies in writing to the retirement system that
19 employment of the retiree is critical to the effectiveness of the employer's response
20 to the emergency.
21 B. No employee or employer contributions shall be made to the system with
22 respect to reemployment in accordance with this Section, and the employee shall not
23 receive service credit for such service.
24 C. R.S. 11:416(B) does not apply to an employee who is employed in
25 accordance with this Section or to his employer.
26 * * *
27 §710.2. Reemployment of a retiree during an emergency
28 A. Notwithstanding R.S. 11:710 or 710.1 or any other provision of law, the
29 retirement benefits of a retiree who returns to active service in a position covered by
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1 the provisions of this Chapter shall not be suspended, reduced, delayed, or otherwise
2 affected if both of the following conditions apply to the reemployment:
3 (1) The reemployment occurs during a state of emergency declared by the
4 governor.
5 (2) The employer certifies in writing to the system that employment of the
6 retiree is critical to the effectiveness of the employer's response to the emergency.
7 B. No employee or employer contributions shall be made to the retirement
8 system with respect to reemployment in accordance with this Section, and the
9 employee shall not receive service credit for such service.
10 C. R.S. 11:710(D) and 710.1(D) do not apply to an employee who is
11 employed in accordance with this Section or to his employer.
12 * * *
13 §1141.1. Reemployment of a retiree during an emergency
14 A. Notwithstanding R.S. 11:1141(C)(1)(b) or any other provision of law, a
15 member who retires may be reemployed and the retirement benefits of the retiree
16 who returns to service in a position covered by this retirement system shall not be
17 suspended, reduced, delayed, or otherwise affected if both of the following
18 conditions apply to the reemployment:
19 (1) The reemployment occurs during a state of emergency declared by the
20 governor.
21 (2) The employer certifies in writing to the retirement system that
22 employment of the retiree is critical to the effectiveness of the employer's response
23 to the emergency.
24 B. No employee or employer contributions shall be made to the retirement
25 system with respect to reemployment in accordance with this Section, and the
26 employee shall not receive service credit for such service.
27 * * *
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1 §1311.1. Reemployment of a retiree during an emergency
2 A. Notwithstanding R.S. 11:1311 or any other provision of law, the
3 retirement benefits of a retiree who returns to employment in a position covered by
4 the system shall not be suspended, reduced, delayed, or otherwise affected if both of
5 the following conditions apply to the reemployment:
6 (1) The reemployment occurs during a state of emergency declared by the
7 governor.
8 (2) The employer certifies in writing to the retirement system that
9 employment of the retiree is critical to the effectiveness of the employer's response
10 to the emergency.
11 B. No employee or employer contributions shall be made to the system with
12 respect to reemployment in accordance with this Section, and the employee shall not
13 receive service credit for such service.
14 * * *
15 Section 2. This Act shall become effective upon signature by the governor or, if not
16signed by the governor, upon expiration of the time for bills to become law without signature
17by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
18vetoed by the governor and subsequently approved by the legislature, this Act shall become
19effective 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 36 Original 2020 Second Extraordinary Session Bacala
Abstract: Authorizes reemployment of retirees from the four state retirement systems,
during a declared state of emergency, without suspension or reduction of retirement
benefits.
Present law provides restrictions and limitations on the reemployment of a retiree from any
of the four La. state retirement systems if such reemployment is covered by the same system
as follows:
(1)La. State Employees' Retirement System: Present law provides a reemployed retiree
with three options: to have his retirement benefit reduced if his employment
earnings exceed a specified amount, to return all received benefits and to become an
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HB NO. 36
active member of the retirement system, or to have his benefit suspended during such
reemployment.
(2)Teachers' Retirement System of La.: Present law provides a reemployed retiree with
two options: to have his retirement benefit reduced if his employment earnings
exceed a specified amount or to have his benefit suspended during such
reemployment. Present law provides for other options and circumstances for a
retiree who was reemployed prior to July 1, 2020.
(3)La. School Employees' Retirement System: Present law prohibits reemployment of
a retiree for five years after retirement.
(4)State Police Pension and Retirement System: Present law provides for suspension
of the retirement benefit if employment earnings exceed a specified amount.
Proposed law provides exceptions to present law for all four systems. Authorizes
reemployment without any effect on retirement benefits if both of the following conditions
apply to the reemployment:
(1)The reemployment occurs during a state of emergency declared by the governor.
(2)The employer certifies in writing to the retirement system that employment of the
retiree is critical to the effectiveness of the employer's response to the emergency.
Proposed law provides that employee and employer contributions are not made to the
retirement systems and service credit is not earned during such reemployment.
Present law prohibits reemployment, by any department of state government, of a state
retiree who retired under an early retirement incentive plan for two years after the effective
date of his retirement. Proposed law provides an exception to present law if the same two
conditions (described above) apply to the reemployment.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 11:149(B); Adds R.S. 11:416.2, 710.2, 1141.1, and 1311.1)
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