SLS 20RS-383 ORIGINAL
2020 Regular Session
SENATE BILL NO. 276
BY SENATOR JACKSON
JUDGES. Constitutional amendment to remove the mandatory retirement age for judges and
to prohibit a mandatory retirement age for public office holders and public employment.
(2/3 - CA13s1(A))
1 A JOINT RESOLUTION
2 Proposing to amend Article V, Section 23 of the Constitution of Louisiana and to add Article
3 X, Section 31 of the Constitution of Louisiana, relative to public office and
4 employment; to provide relative to the holding of public office or public
5 employment; to provide relative to age; to provide for the elimination of the
6 mandatory retirement age for judges; to provide for an effective date; and to specify
7 an election for submission of the proposition to electors and provide a ballot
8 proposition.
9 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
10 elected to each house concurring, that there shall be submitted to the electors of the state, for
11 their approval or rejection in the manner provided by law, a proposal to amend Article V,
12 Section 23 of the Constitution of Louisiana, to read as follows:
13 §23. Judges; Retirement
14 Section 23.(A) Retirement System. Within two years after the effective date
15 of this constitution, the legislature shall provide for a retirement system for judges
16 which shall apply to a judge taking office after the effective date of the law enacting
17 the system and in which a judge in office at that time may elect to become a member,
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 276
SLS 20RS-383 ORIGINAL
1 with credit for all prior years of judicial service and without contribution therefor.
2 The retirement benefits and judicial service rights of a judge in office or retired on
3 the effective date of this constitution shall not be diminished, nor shall the benefits
4 to which a surviving spouse is entitled be reduced.
5 (B) Mandatory Retirement. Except as otherwise provided in this Section, a
6 judge shall not remain in office beyond his seventieth birthday. A judge who attains
7 seventy years of age while serving a term of office shall be allowed to complete that
8 term of office.
9 Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members
10 elected to each house concurring, that there shall be submitted to the electors of the state, for
11 their approval or rejection in the manner provided by law, a proposal to add Article X,
12 Section 31 of the Constitution of Louisiana, to read as follows:
13 §31. Public office or employment; age
14 Section 31. No person shall be denied the right to hold public office or
15 public employment based solely on age.
16 Section 3. Be it further resolved that this proposed amendment shall be submitted
17 to the electors of the state of Louisiana at the statewide election to be held on November 3,
18 2020.
19 Section 4. Be it further resolved that the provisions of this amendment shall become
20 effective on January 1, 2021.
21 Section 5. Be it further resolved that on the official ballot to be used at said election
22 there shall be printed a proposition, upon which the electors of the state shall be permitted
23 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
24 follows:
25 Do you support an amendment to remove the mandatory retirement age for
26 judges and to prohibit a mandatory retirement age for public office holders
27 and public employees?
28 (Effective January 1, 2021)
29 (Amends Article V, Section 23; Adds Article X, Section 31)
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 276
SLS 20RS-383 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 276 Original 2020 Regular Session Jackson
Present constitution requires that no judge may remain in office beyond his 70th birthday.
Proposed constitutional amendment repeals the mandatory retirement age of judges.
Proposed constitutional amendment provides that no person shall be denied the right to hold
public office or public employment based solely on age.
Proposed constitutional amendment provides for an effective date of January 1, 2021.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 3, 2020.
(Amends Const. Article V, §23; adds Const. Article X, §31)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.