HLS 25RS-305 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 30
BY REPRESENTATIVES TAYLOR, BUTLER, FIRMENT, AND GADBERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
RETIREMENT/MUNICIPAL POL: Provides relative to membership in the Municipal
Police Employees' Retirement System
1 AN ACT
2To amend and reenact R.S. 11:2214(A)(2)(a)(ii), 2225(A)(2)(a) and (10), and 2227(D)(2),
3 to enact R.S. 11:2236 and 2237, and to repeal R.S. 11:2213(11)(a)(iv),
4 2214(A)(2)(d), and 2227(J), relative to the Municipal Police Employees' Retirement
5 System; to provide relative to physical examination required for membership; to
6 provide for the definition of employee; to provide for the composition of the board
7 of trustees; to provide for delinquent payments; to provide for severability; to
8 provide for liability exemption; to provide for an effective date; and to provide for
9 related matters.
10 Notice of intention to introduce this Act has been published
11 as provided by Article X, Section 29(C) of the Constitution
12 of Louisiana.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 11:2214(A)(2)(a)(ii), 2225(A)(2)(a) and (10), and 2227(D)(2) are
15hereby amended and reenacted and R.S. 11:2236 and 2237 are hereby enacted to read as
16follows:
17 §2214. Membership
18 A.
19 * * *
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1 (2)(a)
2 * * *
3 (ii) An employer shall submit to the retirement system for each member that
4 it employs a fully completed membership enrollment form, and a copy of the birth
5 certificate and Social Security card for each member and his beneficiaries, and a
6 fully completed physical examination form pursuant to Subparagraph (d) of this
7 Paragraph by the later of ninety days after the member became eligible for
8 membership or October 1, 2024.
9 * * *
10 §2225. Administration
11 A.
12 * * *
13 (2)(a) The board shall consist of fifteen trustees as follows: Seven members,
14 three of whom shall not be chiefs of police but shall be active contributing members
15 of the system with ten or more years of creditable service, and four of whom shall
16 be active contributing chiefs of police, with four or more years of creditable service
17 provided that no municipal police department shall have more than one member and
18 one chief of police on the board at the same time; two regular retirees of the system,
19 one retired from Chiefs District I and one retired from Chiefs District II as those
20 districts are comprised in Subparagraphs (b) and (c) of this Paragraph; three ex
21 officio trustees to include the chairman of the Senate Committee on Retirement or
22 his designee, the commissioner of administration or his designee, and the state
23 treasurer or his designee; a member of the House Committee on Retirement
24 appointed by the speaker of the House of Representatives or the member's designee;
25 and two three mayors appointed by the Louisiana Municipal Association from
26 municipalities having police departments participating in the system, to serve at the
27 pleasure of the Louisiana Municipal Association. If a municipal police department
28 has an active member and one chief of police on the board at the same time, then no
29 mayor appointed by the Louisiana Municipal Association shall be from the same
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HB NO. 30
1 municipality as those trustees. At least one mayor appointed by the Louisiana
2 Municipal Association shall be the mayor of a town or village having a population
3 not exceeding two thousand five hundred according to the latest federal decennial
4 census. The retired trustees shall be elected by the retired members of the system for
5 a term of five years with the first retired trustees' terms to commence on July 1,
6 1997. Whenever the term of a board member expires, the term of the newly elected
7 board member shall be for a term of five years. The director of the retirement system
8 shall be selected by the board of trustees. Election of members shall be under such
9 rules and regulations as the board of trustees shall establish.
10 * * *
11 (10)(a) The board of trustees shall keep a record of all of its proceedings
12 which shall be open to public inspection. It shall publish annually a report showing
13 the fiscal transactions of the retirement system for the preceding fiscal year, the
14 amount of the accumulated cash and securities of the system, and the last balance
15 sheet showing the financial condition of the system by means of an actuarial
16 valuation of the assets and liabilities of the retirement system.
17 (b) The board of trustees shall conduct an annual meeting to educate
18 municipalities on the rules and regulations by which the retirement system is
19 governed.
20 * * *
21 §2227. Method of financing
22 * * *
23 D. Pension accumulation fund:
24 The pension accumulation fund shall be the fund in which shall be
25 accumulated all reserves for the payment of all pension and benefits payable from
26 contributions made by employers. Contributions to and payments from the pension
27 accumulation fund shall be made as follows:
28 * * *
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1 (2) Delinquent payments due under R.S. 11:2227(B)(1) and 2227(D)(1)
2 Paragraph (B)(1) of this Section or Paragraph (1) of this Subsection may be
3 recovered through either of the following actions:
4 (a) Through an action initiated in a court of competent jurisdiction against
5 the political subdivision or instrumentality liable therefor together with interest
6 charged at the legal rate computed from the date the payment became delinquent.
7 All actions and claims instituted by the retirement system, board of trustees, and
8 current or past employee or member, or any other claimant against an employer or
9 member to recover delinquent payments, benefits, or damages of any kind are subject
10 to a liberative prescription period of one year.
11 (b) Upon certification presentation to the state treasurer and written notice
12 to the municipality by the director that a municipality's monthly report and payment
13 of contributions is delinquent, of a final judgment from a court of competent
14 jurisdiction, the state treasurer shall deduct the amount of the delinquent
15 contributions in the judgment from any monies then available for distribution to or
16 for the benefit of that municipality and shall transmit said amount directly to the
17 board of trustees of the retirement system. Upon making such a deduction, the state
18 treasurer shall immediately notify the municipality that the deduction has been made
19 and that the funds available for distribution to it are reduced accordingly. In like
20 manner, the director of the system, upon receipt of said funds, shall credit such funds
21 to the proper account affected thereby and shall notify the municipality thereof; or
22 thereof.
23 (b) Through an action initiated in a court of competent jurisdiction against
24 the political subdivision or instrumentality liable therefor together with interest
25 charged at the legal rate computed from the date the payment became delinquent.
26 * * *
27 §2236. Severability clause
28 If any provision of this Part or its application to any person or circumstances
29 is held invalid, the invalidity does not affect other provisions or applications of this
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1 Part which can be given effect without the invalid provision or application, and to
2 this end the provisions of this Part are severable.
3 §2237. Exemption from civil liability
4 There shall be no liability on the part of and no action for damages against
5 a public official or head of any public body for an act performed in good faith in the
6 execution of his duties under this Part.
7 Section 2. R.S. 11:2213(11)(a)(iv), 2214(A)(2)(d), and 2227(J) are hereby repealed
8in their entirety.
9 Section 3. This Act shall become effective on July 1, 2025; if vetoed by the governor
10and subsequently approved by the legislature, this Act shall become effective on July 1,
112025, or on the day following such approval by the legislature, whichever is later.
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 30 Original 2025 Regular Session Taylor
Abstract: Provides relative to the Municipal Police Employees' Retirement System
(MPERS) including the provisions for: definition of employee, physical examination
requirements, composition of board of trustees, delinquent payments of
municipalities, severability, and civil liability exemption.
Definition
Present law provides for a definition of employee and includes the following:
(1)Any full-time police officer, empowered to make arrests.
(2)Any full-time police officer, decommissioned due to illness or injury, employed by
a municipality of the state of Louisiana, and engaged in law enforcement.
(3)Any person who is employed on a full-time basis by a police department of any
municipality of this state, who is under the direction of a chief of police, and who
does not meet any other definition of employee.
Proposed law retains present law.
Present law provides further that any person listed above shall only be defined as an
employee if he is earning at least $375 per month excluding state supplemental pay.
Proposed law repeals present law.
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Physical Examination Requirement
Present law requires MPERS employers to submit to the retirement system for each member
employed a fully completed membership enrollment form, a copy of the birth certificate and
Social Security card for each member and his beneficiaries, and a physical examination form
within 90 days after employment.
Proposed law removes the physical examination form requirement.
Present law requires an employee hired on or after July 1, 2003, to complete a physical
examination paid for by the employing municipality. Provides that if documentation is not
received by the system in the allotted time, the employee becomes a member of the system
but is not eligible for a disability retirement until documentation is received. Requires the
employee to execute a waiver for certain conditions that do not conform with certain
guidelines. Requires the employing municipality to ensure physical examination
documentation is received in a timely manner by the system. Provides that if an employee
fails to provide physical examination and applies for disability benefits, he must prove the
disabling condition was not preexisting. Requires the employer to pay for disability benefits
if the employer refuses to pay for the physical examination.
Proposed law repeals present law.
Board of Trustees
Present law provides that the MPERS board is composed of the following members:
(1)Three active contributing members of the system with 10 or more years of service
credit.
(2)Four active contributing chiefs of police with four or more years of service credit.
(3)Two regular retirees of the system.
(4)The chairman of the Senate Committee on Retirement or his designee.
(5)The commissioner of administration or his designee.
(6)The state treasurer or his designee.
(7)A member of the House Committee on Retirement appointed by the speaker.
(8)Two mayors appointed by the La. Municipal Association (LMA).
Proposed law retains present law and adds an additional mayor appointed by the LMA.
Proposed law requires that one mayor be from a municipality with a population of less than
2,500.
Proposed law requires the board of trustees to hold an annual meeting to educate
municipalities on the rules and regulations of the system.
Delinquent Payments
Proposed law provides that actions and claims instituted by the retirement system, its board
of trustees, any current or past employee or member, or any other claimant against any
employer or member to recover delinquent payments, benefits, or damages of any kind is
subject to a liberative prescription period of one year.
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Present law provides that delinquent payments of contributions by an MPERS employer are
subject to the following:
(1)Interest charged at the legal rate from the date the payment became delinquent.
(2)Payments delinquent in excess of 90 days are also subject to a penalty of 25% of the
aggregate contributions due.
(3) Payments delinquent in excess of 180 days are subject to payment of the greater of
(1) and (2) above and an amount equal to the actuarial cost of the purchase of the
service credit for which contributions were not timely paid.
(4)Reimbursement of the system for any legal and actuarial fees paid by the system in
the collection of amounts under present law.
Proposed law repeals present law.
Administration
Proposed law provides that if any provision of present law and proposed law or its
application is held invalid, the provisions of present law and proposed law are severable.
Proposed law provides that any official or head of any public body acting in good faith in
the performance of his duty is exempt from civil liability.
Effective July 1, 2025.
(Amends R.S. 11:2224(A)(2)(a)(ii), 2225(A)(2)(a) and (10), and 2227(D)(2); Adds R.S.
11:2236 and 2237; Repeals R.S. 11:2213(11)(a)(iv), 2214(A)(2)(d), and 2227(J))
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