ENROLLED
ACT No. 536
2024 Regular Session
HOUSE BILL NO. 15
BY REPRESENTATIVE FONTENOT
1 AN ACT
2 To amend and reenact R.S. 11:2213(11)(a)(iii) and 2220(A)(2)(a) and to enact R.S.
3 11:2213(11)(i) and (j), 2214.1, 2220(A)(4), and 2241.4(A)(4), relative to the
4 Municipal Police Employees' Retirement System; to provide for eligibility for
5 retirement; to provide relative to benefits of certain retirees; to provide for
6 termination of membership of certain elected officials; to provide for definitions; to
7 authorize certain reemployment of retirees without benefit suspension; to provide for
8 payment of contributions; and to provide 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.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 11:2213(11)(a)(iii) and 2220(A)(2)(a) are hereby amended and
14 reenacted and R.S. 11:2213(11)(i) and (j), 2214.1, 2220(A)(4), and 2241.4(A)(4) are hereby
15 enacted to read as follows:
16 §2213. Definitions
17 * * *
18 (11) "Employee" shall mean any of the following classifications:
19 (a)
20 * * *
21 (iii) Any person in a position as defined in the municipal fire and police civil
22 service system who is employed on a full-time basis by a police department of any
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1 municipality of this state, who is under the direction of a chief of police, and who is
2 paid from the budget of the applicable police department does not meet any other
3 definition of employee.
4 * * *
5 (i) Notwithstanding any provisions of Item(a)(iii) of this Paragraph to the
6 contrary and in conformity with the provisions of R.S. 11:2214(A)(2)(b), "employee"
7 shall mean any person employed by the Baton Rouge Police Department who is a
8 law enforcement employee and "employee" shall not mean any person employed by
9 the Baton Rouge Police Department who is not a law enforcement employee. For
10 purposes of this Subparagraph, "law enforcement employee" means any person
11 occupying a position within a class title that, subject to the merger agreement, was
12 included in the membership of the system on the effective date of this Subparagraph.
13 For any position in the Baton Rouge Police Department within a class title created
14 after the effective date of this Subparagraph, "law enforcement employee" shall
15 mean a person occupying a position that makes the person eligible to receive state
16 supplemental pay.
17 (j) Any person who is not a full-time police officer and who on June 30,
18 2024, met the definition of employee only under Item (a)(iii) of this Paragraph and
19 was enrolled in another municipal retirement system is not an employee.
20 * * *
21 §2214.1. Termination of membership; certain elected officials
22 A member of this system who is elected, who is eligible for retirement from
23 this system, and who is eligible, for the same employment, for membership in
24 another statewide retirement system may terminate his membership in this system
25 upon his enrollment in the other system. If such member enrolls in another system,
26 he shall file a notice of such enrollment in writing with the board of this system, and
27 all employer and employee contributions to this system by or on behalf of the
28 member shall cease upon receipt by the board of the notice. The former member
29 may apply for retirement from this system and receive this retirement benefit any
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1 time after the termination of his membership in this system regardless of whether he
2 terminates the employment that made him eligible for membership.
3 * * *
4 §2220. Benefits; contribution limit
5 A. Eligibility for normal retirement, early retirement, and limitations.
6 * * *
7 (2)(a)(i) Regardless Except as provided by Item (ii) of this Subparagraph,
8 regardless of age, if a retiree of this system becomes an employee as defined in R.S.
9 11:2213, payment of retirement benefits shall be suspended and the employee and
10 employer shall contribute to the system toward creditable service.
11 (ii) The benefits of a retiree of the system who retires as a police officer
12 during the period beginning July 1, 2024, and ending June 30, 2026, and who, no
13 sooner than ninety days following the date of his retirement, is first employed as an
14 employee under R.S. 11:2213(11)(a)(iii) shall not be suspended if the retiree
15 irrevocably elects not to receive additional service credit or accrue any additional
16 retirement benefit in the retirement system. Such election shall be in writing and
17 filed with the board of trustees within thirty days after the effective date of the
18 retiree's employment. During such employment, the retiree and his employer shall
19 make contributions to the retirement system as provided by this Chapter. Upon
20 termination of employment as an employee under R.S. 11:2213(11)(a)(iii), employee
21 contributions paid since reemployment shall, upon application, be refunded without
22 interest, to the retiree. The retirement system shall retain the employer contributions
23 and interest on the contributions.
24 * * *
25 (4)(a) The retirement benefit of a retiree of this system who retired on or
26 before January 1, 2024, and who, before July 1, 2028, becomes an employee, as
27 defined by R.S. 11:2213, no sooner than ninety days following the effective date of
28 his retirement shall not be suspended as otherwise required by Paragraph (2) of this
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1 Subsection if the retiree retired with twenty-five years of service credit or retired
2 with twenty or more years of service credit and has attained the age of fifty-five.
3 (b) During such reemployment, the retiree and his employer shall make
4 contributions to the retirement system as provided by this Chapter, but the retiree
5 shall receive no additional service credit and shall not accrue any additional
6 retirement benefit in the retirement system. Upon termination of reemployment,
7 employee contributions paid since reemployment shall, upon application, be
8 refunded to the retiree without interest. The retirement system shall retain the
9 employer contributions and interest on contributions.
10 * * *
11 §2241.4. Eligibility for retirement
12 A. Any member of this subplan shall be eligible for retirement if he has:
13 * * *
14 (4) Seven years or more of service, at age sixty-two or thereafter, if he is an
15 elected chief of police who is not eligible for retirement under Paragraph (1), (2), or
16 (3) of this Subsection and is prohibited from continuing employment as a chief with
17 the same employer due to term limits. Any person retiring under this Paragraph shall
18 provide sufficient documentation to the retirement system proving that he meets
19 these requirements and shall irrevocably elect not to receive additional service credit
20 or accrue any additional retirement benefit in the retirement system if he
21 subsequently becomes reemployed. Such election shall be in writing and filed with
22 the board of trustees before the effective date of the retiree's retirement. During any
23 subsequent employment, the retiree and his employer shall make contributions to the
24 retirement system as provided by this Chapter. Upon termination of subsequent
25 employment, employee contributions paid since reemployment shall, upon
26 application, be refunded, without interest, to the retiree. The retirement system shall
27 retain the employer contributions and interest of the contributions.
28 * * *
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1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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