Louisiana 2021 2021 Regular Session

Louisiana House Bill HB22 Introduced / Bill

                    HLS 21RS-143	ORIGINAL
2021 Regular Session
HOUSE BILL NO. 22
BY REPRESENTATIVE LACOMBE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
RETIREMENT/TEACHERS:  Provides relative to Louisiana School Boards Association
employees' membership in retirement systems
1	AN ACT
2To amend and reenact R.S. 11:701(33)(a)(xiv) and 1902(12)(b) and (13) and to enact R.S.
3 11:701(33)(a)(xv) and 1902(12)(h) and (i), relative to the Parochial Employees'
4 Retirement System and the Teachers' Retirement System of Louisiana; to provide for
5 membership of Louisiana School Boards Association employees within the Teachers'
6 Retirement System of Louisiana, rather than the Parochial Employees' Retirement
7 System; to provide for exceptions; to provide for an effective date; and to provide
8 for related matters.
9	Notice of intention to introduce this Act has been published
10	as provided by Article X, Section 29(C) of the Constitution
11	of Louisiana.
12Be it enacted by the Legislature of Louisiana:
13 Section 1.  R.S. 11:701(33)(a)(xiv) and 1902(12)(b) and (13) are hereby amended and
14reenacted and R.S. 11:701(33)(a)(xv) and 1902(12)(h) and (i) are hereby enacted to read as
15follows: 
16 §701.  Definitions
17	As used in this Chapter, the following words and phrases have the meanings
18 ascribed to them in this Section unless a different meaning is plainly required by the
19 context:
20	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-143	ORIGINAL
HB NO. 22
1	(33)(a)  "Teacher", except as provided in Subparagraph (b) of this Paragraph,
2 shall mean any of the following:
3	*          *          *
4	(xiv) The director of the Louisiana School Boards Association and any
5 employee of the association who was either hired by the association after June 30,
6 2021, or who, as of June 30, 2021, has at least five years of creditable service in the
7 system.
8	(xv) In all cases of doubt, the board of trustees shall determine whether any
9 person is a teacher within the scope of the definition set forth in this Paragraph.
10	*          *          *
11 §1902.  Definitions
12	As used in this Chapter, the following words and phrases shall have the
13 following meanings, unless a different meaning is plainly required by context:
14	*          *          *
15	(12)
16	*          *          *
17	(b)  "Employee" shall also mean a person employed by either the Police Jury
18 Association of Louisiana, the Louisiana School Boards Association, or this
19 retirement system and elected officials of the governing authority of any parish
20 covered by this Chapter, and shall include members of school boards at their options.
21 In any case of doubt, the board of trustees shall be the sole judge of who is an
22 employee. 
23	*          *          *
24	(h)  "Employee" also means an employee of the Louisiana School Boards
25 Association who meets all of the following:
26	(i)  He was hired by the association before July 1, 2021.
27	(ii)  He, as of June 30, 2021, has less than five years of creditable service in
28 the Teachers' Retirement System of Louisiana.
29	(iii)  He is not the director of the Louisiana School Boards Association.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-143	ORIGINAL
HB NO. 22
1	(i)  In any case of doubt, the board of trustees shall be the sole judge of who
2 is an employee.
3	(13)  "Employer" means any parish in the state of Louisiana, except Orleans
4 and East Baton Rouge Parishes, or the police jury or any other governing body of a
5 parish which employs and pays persons serving the parish.  "Employer" means also
6 the Police Jury Association of Louisiana, the Louisiana School Boards Association,
7 this retirement system, and any entity with an approved plan pursuant to R.S.
8 11:1903. "Employer" also means the Louisiana School Boards Association if an
9 employee of the association is an employee as defined in Subparagraph (12)(b) of
10 this Section. "Employer" shall not mean a parish or city school board.
11	*          *          *
12 Section 2.  This Act shall become effective upon signature by the governor or, if not
13signed by the governor, upon expiration of the time for bills to become law without signature
14by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
15vetoed by the governor and subsequently approved by the legislature, this Act shall become
16effective 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 22 Original 2021 Regular Session	LaCombe
Abstract: Provides for the transfer of certain employees of the La. School Boards Assoc.
from the Parochial Employees' Retirement System of La. (PERS) to the Teachers'
Retirement System of La. (TRSL).
Present law provides that employees of the La. School Boards Assoc. are members of PERS.
Proposed law provides that the following employees of the association are members of
TRSL instead:
(1)New employees (hired after June 30, 2021).
(2)Any employee with at least five years of service credit in TRSL.
(3)The director of the association.
Proposed law provides that employees who do not fit one of these criteria remain members
of PERS.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-143	ORIGINAL
HB NO. 22
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 11:701(33)(a)(xiv) and 1902(12)(b) and (13); Adds R.S. 11:701(33)(a)(xv)
and 1902(12)(h) and (i))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.