reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:264.7. Remedies; jurisdiction; authority; attorney fees

RS 11:264.7 - Remedies; jurisdiction; authority; attorney fees
A. A member, beneficiary, or survivor who can demonstrate a personal interest in a retirement system may bring a civil action to enforce the provisions of this Subpart. In any enforcement proceeding the plaintiff may seek and the court may grant any appropriate form of relief, including but not limited to the following:
(1) A writ of mandamus.
(2) Injunctive relief.
(3) A declaratory judgment.
(4) A judgment rendering certain actions of the board of trustees as void.
(5) A judgment awarding civil damages.
(6) A judgment requiring payment of the amounts in R.S. 11:269.
B. Exclusive original jurisdiction for proceedings under this Subpart shall be in the Nineteenth Judicial District Court of Louisiana. In any enforcement proceeding the court has jurisdiction and authority to issue all necessary orders to require compliance with, or to prevent noncompliance with, or to declare the rights of parties under the provisions of this Subpart. Any noncompliance with the orders of the court may be punished as contempt of court.
C. If a person who brings an enforcement proceeding prevails, he shall be awarded reasonable attorney fees and other costs of litigation. If such person prevails in part, the court may award him reasonable attorney fees or an appropriate portion thereof. If the court finds that the proceeding was of a frivolous nature and was brought with no substantial justification, it may award reasonable attorney fees to the prevailing party.
Acts 1992, No. 1046, §1, eff. July 1, 1993; Acts 2005, No. 9, §1, eff. May 27, 2005.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:264.8. System policy regarding breach of fiduciary duty

RS 11:264.8 - System policy regarding breach of fiduciary duty
No retirement system may submit a proposed regulation, or approve any internal policy to relieve a fiduciary from responsibility for breach of fiduciary duty. However, a system may purchase insurance to cover liability or losses due to acts or omissions of fiduciaries. Any such insurance shall maintain the insurance company's right of subrogation. A fiduciary may purchase insurance to cover his own liability, without condition.
Acts 1992, No. 1046, §1, eff. July 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:265. Compensation of investment advisors

RS 11:265 - Compensation of investment advisors
Each board of trustees of the various public retirement systems, plans, or funds is hereby authorized, in requesting proposals for investment advisory services, to require that fees shall be quoted as a fixed fee, a fee based on market value of assets, or a performance fee.
Acts 1990, No. 172, §1; Redesignated from R.S. 42:717.1 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:266. Investment performance standards

RS 11:266 - Investment performance standards
A. The provisions of this Section shall be applicable to all Louisiana public retirement or pension systems, funds, and plans, and shall not apply to any investment manager or investment advisor who does not have an office for investment managers or investment advisors domiciled in the United States.
B. Investment performance reports submitted by any investment manager or investment advisor of any entity covered by Subsection A of this Section shall be in compliance with the current Performance Presentation Standards as amended and published by the Association for Investment Management and Research or any successor entity.
C.(1) Investment performance composite data submitted in response to a request for proposal or any other solicitation or selection process used by any system, fund, or plan covered by this Section for hiring an investment manager or investment advisor shall be in compliance with the current Performance Presentation Standards as amended and published by the Association for Investment Management and Research or any successor entity.
(2) Each such system, plan, or fund shall require, at least annually, the investment managers or investment advisors employed or otherwise retained by such system, plan, or fund to submit investment performance composite data, which contains such systems, plans, or funds portfolio that is subject to a Level I verification as defined in the Performance Presentation Standards as amended and published by the Association for Investment Management and Research or any successor entity.
D. The Investment Performance Standards required in Subsections B and C of this Section shall not be required for investments in limited partnerships, limited liability partnerships, private placements, and natural resource portfolios.
Acts 1995, No. 866, §1, eff. Dec. 31, 1995; Acts 2005, No. 9, §1, eff. May 27, 2005.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:269. Disclosure; consultants; money managers

RS 11:269 - Disclosure; consultants; money managers
A.(1) Consultants and money managers shall provide full disclosure to the sponsor of each Louisiana public retirement or pension system, plan, or fund of conflicts of interest, including non-pension sponsor sources of revenue. Consultants also shall provide full disclosure of any payments they receive from money managers, in hard or soft dollars, for any services they provide, including but not limited to performance measurement, business consulting, and education.
(2) Each consultant and money manager shall submit a written disclosure report semiannually to each system beginning July 1, 2005. A report shall be submitted regardless of whether the consultant or money manager has any conflict or payment to report. Should a reportable agreement be confected during any reporting period, the consultant or money manager shall notify the system of the agreement within seven business days.
B.(1) Any consultant or money manager found to be in violation of Subsection A of this Section shall pay to the system, plan, or fund an amount of money equal to the value of the revenue or payments he failed to disclose together with any damages caused by the failure to disclose. Additionally, if the failure to disclose is intentional, the consultant or money manager shall pay to the system an amount equal to three times the value of the revenue or payment he failed to disclose as a penalty, in addition to any damages actually caused by the failure to disclose.
(2) If the consultant or money manager provides services for more than one Louisiana public retirement or pension system, plan, or fund, the amounts in Paragraph (1) of this Subsection shall be paid to each such system to which he fails to make the required disclosure.
Acts 2004, No. 686, §1, eff. July 5, 2004; Acts 2005, No. 9, §1, eff. May 27, 2005.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:271. Purpose; elimination of unfunded accrued liability

RS 11:271 - Purpose; elimination of unfunded accrued liability
A. It is recognized that the legislative and executive branches of state government bear a responsibility with respect to the fiscal integrity of the state; that, in connection therewith, it is imperative that the public retirement systems of the state be maintained on a sound actuarial basis, and that such maintenance requires that the unfunded accrued liability of these systems be eliminated. The purpose of this Section is to provide for the furnishing of accurate actuarial data in order to facilitate the effective execution of this responsibility.
B. The provisions of this Section are applicable to the following public retirement systems:
(1) Assessors' Retirement Fund.
(2) Clerks of Court Retirement and Relief Fund.
(3) District Attorneys' Retirement System.
(4) Firefighters' Retirement System.
(5) Louisiana School Employees' Retirement System.
(6) Louisiana State Employees' Retirement System.
(7) Municipal Employees' Retirement System of Louisiana.
(8) Municipal Police Employees' Retirement System.
(9) Parochial Employees' Retirement System of Louisiana.
(10) Registrars of Voters Employees' Retirement System.
(11) Sheriffs' Pension and Relief Fund.
(12) Louisiana State Police Retirement System.
(13) Teachers' Retirement System of Louisiana.
C.(1) On an annual fiscal year basis, at least ninety days prior to the convening of the legislature in regular session, using calculation methods and forms prescribed by the legislative auditor, the governing authority of each public retirement system referenced in Subsection B hereof shall submit to the legislative auditor the amount of funding, stated as a percentage of payroll, which is necessary to meet the system's normal cost and to amortize, at the valuation rate of interest, the system's unfunded accrued liability over a thirty-year period.
(2) The legislative auditor shall review, and, when necessary, revise, and submit same to the governor and the legislature, along with his certification of the correctness thereof, and a report detailing the financial and actuarial history of the system and his recommendations relative thereto.
Acts 1984, No. 307, §1; Redesignated from R.S. 42:719 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 2012, No. 227, §1.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:272. Early retirement eligibility

RS 11:272 - Early retirement eligibility
A. Notwithstanding any other provision of law to the contrary, the provisions of this Section shall be applicable to all members of the following public retirement systems:
(1) Louisiana State Employees' Retirement System,
(2) Louisiana State Police Retirement System,
(3) Louisiana School Employees' Retirement System,
(4) Teachers' Retirement System of Louisiana,
(5) Assessors' Retirement Fund,
(6) Clerks' of Court Retirement and Relief Fund,
(7) District Attorneys' Retirement System,
(8) Municipal Employees' Retirement System of Louisiana,
(9) Municipal Police Employees' Retirement System,
(10) Firefighters' Retirement System,
(11) Parochial Employees' Retirement System of Louisiana,
(12) Registrar of Voters Employees' Retirement System, and
(13) Sheriffs' Pension and Relief Fund.
B. Any member who, on September 1, 1985, has earned sufficient service credit to be eligible for a normal retirement on or before August 31, 1995, but has not, on September 1, 1985, attained the normal retirement age, shall, during the ten year period from September 1, 1985, through August 31, 1995, be eligible for an early retirement, regardless of age, with benefits reduced to a level which would be actuarially equivalent to a retirement at the normal retirement age using the normal retirement formula.
C. The actuary for each of the systems specified in Subsection A of this Section shall develop reduction factors for use in computing the reduced benefit applicable to early retirement. However, in no event shall such benefit reduction be less than one percent for each calendar quarter by which the effective date of retirement is advanced before normal retirement eligibility.
D. Any member who, on January 1, 1982, had earned ten years of service credit, shall be eligible for an early retirement, regardless of age, with benefits reduced to a level which would be actuarially equivalent to a retirement at the normal retirement age using the normal retirement formula and subject to the provisions contained in Subsection C of this Section.
E. Notwithstanding any provision of law to the contrary, service credit originally earned on or before September 1, 1985, in a retirement system named in Subsection A of this Section shall be utilized to determine applicability of the provisions of Subsection B of this Section, even if the member received a refund of contributions for such service, provided that the member has repaid the refund prior to application for retirement.
Acts 1985, No. 154, §1, eff. July 6, 1985; Redesignated from R.S. 42:720 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1995, No. 132, §1; Acts 2012, No. 227, §1; Acts 2012, No. 479, §1, eff. Dec. 10, 2012.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:281. Failure to timely remit contributions; effect

RS 11:281 - Failure to timely remit contributions; effect
A. Notwithstanding any other provisions of law to the contrary, the provisions of this Section shall be applicable to all members of the following public retirement systems:
(1) Louisiana State Employees' Retirement System.
(2) Louisiana School Employees' Retirement System.
(3) Teachers' Retirement System of Louisiana.
(4) Assessors' Retirement Fund.
(5) Clerks' of Court Retirement and Relief Fund.
(6) District Attorneys' Retirement System.
(7) Firefighters' Retirement System.
(8) Municipal Employees' Retirement System of Louisiana.
(9) Municipal Police Employees' Retirement System.
(10) Parochial Employees' Retirement System of Louisiana.
(11) Registrars of Voters Employees' Retirement System.
(12) Sheriffs' Pension and Relief Fund.
B.(1) Except as provided in Paragraph (2) of this Subsection, all payments of employers' contributions and employees' contributions, including any payments due from the state of Louisiana which are paid after becoming delinquent, shall include interest to be paid to the retirement system at the rate of legal interest computed from the date the payment became delinquent.
(2) For any employer who is unable to make the required contributions on a timely basis as a consequence of Hurricane Katrina or Rita, or both, no interest shall be assessed or payable on contributions which were due for August or September 2005, for the first two months of delinquency.
Acts 1988, No. 301, §1; Redesignated from R.S. 42:720.30 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1993, No. 758, §1, eff. June 22, 1993; Acts 2005, 1st Ex. Sess., No. 44, §1, eff. Dec. 6, 2005.
NOTE: See Acts 2005, 1st Ex. Sess., No. 44, §2, relative to retroactive application.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:292. Seizure for child support; garnishment or seizure related to felony convictions

RS 11:292 - Seizure for child support; garnishment or seizure related to felony convictions
A. Notwithstanding any other provision of law to the contrary, any retirement allowance, benefit, or refund of accumulated contributions paid to any member, former member, or retiree under the provisions of any public retirement system, or the portion of a retirement allowance, benefit, or refund of accumulated contributions paid to a spouse or former spouse under the provisions of R.S. 11:291, shall be subject to garnishment or court-ordered assignment to pay child support.
B.(1) Notwithstanding any other provision of law to the contrary, any pension, retirement allowance, or benefit, or any refund of accumulated contributions payable to any member, former member, or retiree under the provisions of any public pension or retirement system, plan, or fund shall be subject to garnishment under a writ of fieri facias to pay any court-ordered restitution or fine, or any costs of incarceration, probation, or parole, imposed on such member, former member, or retiree as a result of a conviction of or a plea of guilty or nolo contendere to the commission of a felony for misconduct associated with such person's service as an elected official or public employee for which credit in the system, plan, or fund was earned or accrued, the commission of which felony occurred on or after July 1, 2010.
(2) Notwithstanding any other provision of law to the contrary, a garnishment authorized pursuant to this Subsection shall not impinge on the community property interest of a spouse or former spouse not subject to the garnishment.
(3) Notwithstanding any other provision of law to the contrary, a garnishment authorized pursuant to this Subsection may be continuing in nature as necessary to pay the court-ordered restitution or fine in full.
Acts 1986, No. 767, §9; Redesignated from R.S. 42:720.21 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 2004, No. 706, §1, eff. July 6, 2004; Acts 2010, No. 634, §1, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:311. Purpose

RS 11:311 - Purpose
The purpose of this Subpart is to assure the members and retirees of the state and statewide retirement systems, the state and her political subdivisions as employers, and the taxpayers of Louisiana that the monies held in trust for the benefit of public employees are not used directly or indirectly to support terrorist activities.
Acts 2005, No. 9, §1, eff. May 27, 2005.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:312. Application, definitions

RS 11:312 - Application, definitions
A. The provisions of this Subpart shall apply to the following public retirement or pension systems, plans, or funds:
(1) Assessors' Retirement Fund.
(2) Clerks' of Court Retirement and Relief Fund.
(3) District Attorneys' Retirement System.
(4) Firefighters' Retirement System.
(5) Louisiana School Employees' Retirement System.
(6) Louisiana State Employees' Retirement System.
(7) Municipal Police Employees' Retirement System.
(8) Municipal Employees' Retirement System of Louisiana.
(9) Parochial Employees' Retirement System of Louisiana.
(10) Registrars of Voters Employees' Retirement System.
(11) Sheriffs' Pension and Relief Fund.
(12) Louisiana State Police Retirement System.
(13) Teachers' Retirement System of Louisiana.
B. As used in this Subpart, the following terms shall have the following meanings, unless a different meaning is clearly required by context:
(1) "Company" means any foreign domiciled or based entity, real or juridical, which is not a subsidiary of nor owned in whole or in part by any domestic company, and which is engaged in an enterprise for financial gain.
(2) "Prohibited nation" means Iran, North Korea, Sudan, or Syria.
C.(1) Each system or fund to which this Subpart applies shall provide semiannual written reports to the House of Representatives and Senate committees on retirement regarding any investments of that system in any company having facilities or employees or both located in a prohibited nation. The report shall include the name of each such company, the asset allocation class and sector to which it belongs pursuant to the board's asset allocation policy, and the amount of system funds invested therein.
(2) The first report shall be due October 31, 2005, and shall contain information for the six-month period ending September 15, 2005. The second report shall be due August 15, 2006, and shall contain information for the period from September 16, 2005 through June 30, 2006. Beginning February 15, 2007, and thereafter, reports shall be due by the fifteenth day of February, containing information for the six-month period ending December thirty-first, and by the fifteenth of August, containing information for the six-month period ending June thirtieth in each calendar year.
(3) Each system's money managers shall be responsible for supplying to the system all information necessary to complete the reports in a timely manner as required by this Subsection.
D. Each system shall adopt rules necessary to implement the provisions of this Subpart, including the provisions of Paragraph (C)(3) of this Section.
Acts 2005, No. 9, §1, eff. May 27, 2005; Acts 2007, No. 352, §1; Acts 2012, No. 227, §1.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:313. Prudent-man rule; investments

RS 11:313 - Prudent-man rule; investments
Notwithstanding the prudent-man rule, a system board of trustees may but is not required to divest itself of any holding in a company having facilities or employees, or both, located in a prohibited nation as that term is defined in R.S. 11:312(B)(2).
Acts 2007, No. 352, §1.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:316. Terror-free fund

RS 11:316 - Terror-free fund
A. As used in this Section, the following terms shall have the following meaning unless a different meaning is clearly required by the context:
(1) "Screened equities" means stocks or other ownership interest in a company identified as having facilities or employees located in a prohibited nation, which equities are excluded from the terror-free fund.
(2) "Terror-free equities" means equities in companies not identified as having facilities or employees located in a prohibited nation.
(3) "Terror-free fund" means an international fund or separately managed account which identifies equities in companies having facilities or employees located in a prohibited nation and excludes them from the fund.
B. Each system or fund to which this Subpart applies that has an investment strategy which includes allocation to international markets shall communicate with investment managers with international investment experience for the establishment of an international terror-free fund. The communication shall stipulate that, as part of managing such fund, the manager shall replace the screened equities with comparable terror-free equities, sell the screened equities, or adjust the weighting of remaining equities held in a system's portfolio. Each system having an investment strategy which includes allocation to international markets shall allocate a portion of its international investments to such terror-free fund.
C. If a system having an investment strategy which includes allocation to international markets does not possess sufficient assets to meet the minimum investment required by the manager to create a terror-free fund on the system's behalf alone, such system shall join an existing terror-free fund established pursuant to this Section or shall join with another system to meet such minimum investment requirements for the purpose of establishing a terror-free fund common to those systems.
D. Each system shall adopt rules necessary to implement the provisions of this Section.
E. Each system shall report compliance with this Section to the House of Representatives and Senate committees on retirement as part of the report submitted pursuant to R.S. 11:312(C).
F. Nothing in this Section shall require a system to invest in international markets unless otherwise part of the investment strategy adopted by the system. If a system invests in international markets and utilizes collective funds or index funds for such purpose, this Section shall apply.
Acts 2007, No. 352, §1; Acts 2008, No. 220, §4, eff. June 14, 2008; Acts 2018, No. 45, §1, eff. May 10, 2018.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:321. Withdrawal of funds from Deferred Retirement Option Plan accounts by active employees; Hurricane Katrina

RS 11:321 - Withdrawal of funds from Deferred Retirement Option Plan accounts by active employees; Hurricane Katrina
A. For purposes of this Section, "retirement system" shall mean any public retirement system in the state.
B. Notwithstanding any other provision of law to the contrary, an individual who is participating or who has participated in the Deferred Retirement Option Plan (DROP) or comparable plan of his retirement system and who is still employed in a position covered by that system shall be allowed to withdraw up to one hundred thousand dollars of all or part of the funds in his DROP account under the provisions of this Section.
C. Such an individual may withdraw funds from his DROP account provided all of the following requirements are met:
(1) On August 28, 2005, the individual was domiciled in a parish which has been designated under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as eligible for individual assistance or individual assistance and public assistance.
(2) The individual sustained an economic loss by reason of Hurricane Katrina.
(3) The aggregate amount of such distributions from the account does not exceed one hundred thousand dollars.
(4) Any distribution is made on or after August 25, 2005, and on or before December 31, 2006.
D.(1) If, pursuant to this Section, an individual receives a qualified Hurricane Katrina distribution, the amount of such distribution shall be included in income by the retirement system, generally ratable over the year of the distribution and the following two years in accordance with the Katrina Emergency Tax Relief Act of 2005, referred to in this Section as the "Act", unless the individual elects in writing not to have the ratable distribution apply for any taxable year.
(2) The individual shall be responsible for filing an amended return or returns to claim a refund of the tax attributable to the amount previously included in income if the individual so qualifies under the Act.
(3) Each retirement system shall advise each individual receiving a Hurricane Katrina distribution pursuant to this Section of potential state and federal tax consequences.
E. Each retirement system shall promulgate any rules necessary to implement the provisions of this Section.
F. The provisions of this Section shall supersede any provision of law to the contrary, including but not limited to R.S. 11:449(C), 450(B), 789(B), 1152(H), 1312(J), 1456(I)(2), 1530(J)(2), 1642(B), 1763(J), 1938(J)(2), 2144(I), 2221(J)(1), 2257(J)(2), 3005.1(J)(1)(c), 3039.1(J)(2), 3200(12), 3232(K), 3294(G), 3385.1(K)(2), 3551, and 3685(B)(10)(b).
Acts 2005, 1st Ex. Sess., No. 50, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:322. Withdrawal of funds from Deferred Retirement Option Plan accounts by active employees; Hurricane Rita

RS 11:322 - Withdrawal of funds from Deferred Retirement Option Plan accounts by active employees; Hurricane Rita
A. For purposes of this Section, "retirement system" shall mean any public retirement system in the state.
B. Notwithstanding any other provision of law to the contrary, an individual who is participating or who has participated in the Deferred Retirement Option Plan (DROP) or comparable plan of his retirement system and who is still employed in a position covered by that system shall be allowed to withdraw up to one hundred thousand dollars of all or part of the funds in his DROP account under the provisions of this Section.
C. Such an individual may withdraw funds from his DROP account provided all of the following requirements are met:
(1) On September 22, 2005, the individual was domiciled in a parish which has been designated under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as eligible for individual assistance or individual assistance and public assistance.
(2) The individual sustained an economic loss by reason of Hurricane Rita.
(3) The aggregate amount of such distributions from the account does not exceed one hundred thousand dollars.
(4) Any distribution is made on or after September 19, 2005, and on or before December 31, 2006.
D.(1) If, pursuant to this Section, an individual receives a qualified Hurricane Rita distribution, the amount of such distribution shall be included in income by the retirement system, generally ratable over the year of the distribution and the following two years, unless the individual elects in writing not to have the ratable distribution apply for any taxable year.
(2) The individual shall be responsible for filing an amended return or returns to claim a refund of the tax attributable to the amount previously included in income if the individual so qualifies.
(3) Each retirement system shall advise each individual receiving a Hurricane Rita distribution pursuant to this Section of potential state and federal tax consequences.
E. Each retirement system shall promulgate any rules necessary to implement the provisions of this Section.
F. The provisions of this Section shall supersede any provision of law to the contrary, including but not limited to R.S. 11:449(C), 450(B), 789(B), 1152(H), 1312(J), 1456(I)(2), 1530(J)(2), 1642(B), 1763(J), 1938(J)(2), 2144(I), 2221(J)(1), 2257(J)(2), 3005.1(J)(1)(c), 3039.1(J)(2), 3200(12), 3232(K), 3294(G), 3385.1(K)(2), 3551, and 3685(B)(10)(b).
Acts 2005, 1st Ex. Sess., No. 61, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:323. Deferred Retirement Option Plan participation; members terminated due to hurricanes

RS 11:323 - Deferred Retirement Option Plan participation; members terminated due to hurricanes
A. The provisions of this Section shall apply to the following state and statewide retirement systems:
(1) The Louisiana School Employees' Retirement System, and
(2) The Teachers' Retirement System of Louisiana, and
(3) The Louisiana State Employees' Retirement System, and
(4) The Assessors' Retirement Fund, and
(5) The Clerks' of Court Retirement and Relief Fund, and
(6) The District Attorneys' Retirement System, and
(7) The Municipal Employees' Retirement System of Louisiana, and
(8) The Parochial Employees' Retirement System of Louisiana, and
(9) The Registrars of Voters Employees' Retirement System, and
(10) The Municipal Police Employees' Retirement System, and
(11) The Firefighters' Retirement System.
B. Notwithstanding any provision of law to the contrary, any employee who is a member of a retirement system to which this Section applies, who has not retired, whose participation in the Deferred Retirement Option Plan of that system was interrupted or ceased upon his being terminated due to a reduction-in-force necessitated by Hurricane Katrina or Hurricane Rita or both, shall have the time period applicable to his plan participation adjusted upon his reemployment and resumption of membership in the retirement system to which he belonged before being terminated. The time period applicable to his plan participation shall be calculated as provided in this Section. However, in no case shall this Section be applicable to anyone who becomes reemployed more than one year after being furloughed or terminated, whichever occurs first, or to anyone reemployed on or after December 31, 2006.
C. Any person to whom this Section applies who began participation on or before September 24, 2005, but who had not completed his specified participation period shall reenter the plan upon reemployment and his participation period shall resume. The total duration of the person's participation in the plan before termination and after reentry shall not exceed the plan participation period he specified upon initial entry into the plan. Any interest credited to the person's plan account during the period between furlough or termination and reemployment shall be forfeited.
D. The provisions of this Section shall supersede any provision of law to the contrary, including but not limited to R.S. 11:447(C), 786(B), 1152(C), 1456(C) and (D), 1530(C) and (D), 1639(B), 1763(C) and (D), 1938(C) and (D), 2144(C) and (D), 2221(C) and (D), and 2257(C) and (D), to the extent there is any conflict.
Acts 2006, 1st Ex. Sess., No. 17, §1, eff. Feb. 23, 2006; Acts 2006, No. 678, §1, eff. June 29, 2006.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:401. Establishment of retirement system

RS 11:401 - Establishment of retirement system
There shall be a retirement system which shall be under the management of a board of trustees for the purpose of providing retirement allowances and other benefits under the provisions of this chapter for state officers and employees and their beneficiaries.
Acts 1972, No. 135, §1, eff. July 26, 1972; Redesignated from R.S. 42:541 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:402. Name of system

RS 11:402 - Name of system
The system established by R.S. 11:401 shall be a state agency and shall have the power and privileges of a corporation. It shall be known as the "Louisiana State Employees' Retirement System" or as "Lasers". It shall be authorized to transact business and to invest in, hold, and sell cash, securities, property, and other assets in its own name or in such nominee names as the board of trustees may authorize from time to time. All records covering the contributions of the employer and the members shall be maintained by the board of trustees.
Acts 1972, No. 135, §1, eff. July 26, 1972. Amended by Acts 1989, No. 217, §1; Redesignated from R.S. 42:542 by Acts 1991, No. 74, §3, eff. June 25, 1991. Amended by Acts 1991, No. 863, §1.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:404. Falsification of records

RS 11:404 - Falsification of records
Whoever knowingly makes any false statement or falsifies or permits to be falsified any record or records of this system in an attempt to defraud the system shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Acts 1972, No. 135, §1, eff. July 26, 1972; Redesignated from R.S. 42:544 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:405. Exemption from execution; exception

RS 11:405 - Exemption from execution; exception
Any annuity, retirement allowance or benefit, or refund of contributions, or any optional benefit or any other benefit paid or paid to any person under the provisions of this Chapter is exempt from any state or municipal tax and is exempt from levy and sale, garnishment, attachment, or any other process whatsoever, except as provided in R.S. 11:292, and is unassignable.
Acts 1972, No. 135, §1, eff. July 26, 1972. Acts 1986, No. 767, §7; Redesignated from R.S. 42:545 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:406. Amendments; cost-of-living adjustment

RS 11:406 - Amendments; cost-of-living adjustment
The provisions of the retirement system established by R.S. 11:401 may be amended by action of the legislature, in the same manner as any other statute may be amended by the legislature. In addition, action of the board with respect to the payment of cost-of-living adjustments, as provided in R.S. 11:491, and with respect to the payment of employee contributions, as provided in R.S. 11:154 shall be considered amendments to the provisions of the retirement system.
Added by Acts 1983, No. 674, §3; Redesignated from R.S. 42:546 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:407. Correction of administrative error

RS 11:407 - Correction of administrative error
Except as expressly provided otherwise in this Chapter, the director may, upon written documentation that an administrative error has occurred in the administration of this system, which documentation shall be submitted to the board of trustees at the next board meeting, whether such administrative error was committed by this system or otherwise, correct such administrative error and may make all adjustments relative to such correction.
Acts 1989, No. 214, §1; Redesignated from R.S. 42:547 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:408.1. Use of electronic signature on retirement records

RS 11:408.1 - Use of electronic signature on retirement records
A. A record or signature utilized by the Louisiana State Employees' Retirement System may not be denied legal effect or enforceability solely because it is in electronic form. Any such signature or record in electronic form shall have the full effect of law.
B. If a law requires a record to be in writing, an electronic record satisfies the law.
C. If a law requires a signature, an electronic signature satisfies the law.
D. Unless otherwise agreed between a sender and the system, an electronic record is received when:
(1) It enters an information-processing system that the retirement system has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.
(2) It is in a form capable of being processed by the system.
Acts 2001, No. 234, §1, eff. June 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:408.2. Establishment of procedures for the use of electronic signatures and records

RS 11:408.2 - Establishment of procedures for the use of electronic signatures and records
A. To the extent that a reporting member agency uses electronic records and electronic signatures under this Part, the agency shall report in accordance with procedures established by the system in accordance with the Administrative Procedure Act and the system shall give due consideration to security and shall specify:
(1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes.
(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process.
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.
(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
B. Nothing in this Part shall require an agency of this state to use or permit the use of electronic records or electronic signatures if that agency cannot comply with the established requirements.
Acts 2001, No. 234, §1, eff. June 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:408.3. Electronic records as originals

RS 11:408.3 - Electronic records as originals
If a statute, regulation, or other rule of law requires a contract, agreement, or record to be provided, available, or retained in its original form, or provides results if the contract, agreement, or record is not provided, available, or retained in its original form, that statute, regulation, or rule of law is satisfied by an electronic record that complies with this Part. Once an electronic record with an electronic signature is accepted by the system, it shall be admissible into evidence in a court of law for all purposes that an original paper document would be admissible.
Acts 2001, No. 234, §1, eff. June 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:408.4. Ability to contest signatures

RS 11:408.4 - Ability to contest signatures
Nothing in this Part shall be construed to limit or otherwise affect the rights of any person to assert that an electronic signature is a forgery, is used without authority, has been altered after the signature was applied to the electronic document, or otherwise is invalid for reasons that would invalidate the effect of a signature in written form.
Acts 2001, No. 234, §1, eff. June 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:408.5. Definitions

RS 11:408.5 - Definitions
For purposes of this Part:
(1) "Electronic" means of or relating to technology having electrical, digital, magnetic, optical, electromagnetic, or similar capabilities regardless of medium.
(2) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records in whole or in part without review by an individual at the time of the action or response.
(3) "Electronic record" means a writing, document, or other record created, stored, generated, received, or communicated by electronic means.
(4) "Electronic signature" means information or data in electronic form, attached to or logically associated with an electronic record, and executed or adopted by a person or an electronic agent of a person, with the intent to sign a contract, agreement, or record.
(5) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Acts 2001, No. 234, §1, eff. June 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:412. Membership service eligibility

RS 11:412 - Membership service eligibility
For purposes of determining eligibility for membership in this system, the legislature shall provide by law whether or not the types of agency service performed by employees, elected officials, and appointed officials of new agencies are within the scope of the provisions of this Chapter.
Acts 1972, No. 135, §1, eff. July 26, 1972; Acts 1990, No. 575, §1, eff. July 1, 1991; Redesignated from R.S. 42:552 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:414. Transfers with federal civil service retirement system

RS 11:414 - Transfers with federal civil service retirement system
The board may negotiate and effect transfers with the United States Civil Service Retirement System.
Acts 1972, No. 135, §1, eff. July 26, 1972; Redesignated from R.S. 42:555 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:415. Termination of membership

RS 11:415 - Termination of membership
Membership in this system ceases when a member withdraws his accumulated contributions, or when a member withdraws from active service with a retirement allowance, or when a member dies.
Acts 1972, No. 135, §1, eff. July 26, 1972; Redesignated from R.S. 42:556 by Acts 1991, No. 74, §3, eff. June 25, 1991.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:416.1. Reemployment of retirees under Act No. 455 of the 2001 Regular Session

RS 11:416.1 - Reemployment of retirees under Act No. 455 of the 2001 Regular Session
A retiree who retired under the provisions of Act No. 455 of the 2001 Regular Session1 and was rehired prior to the effective date of this Section in employment which otherwise would render him eligible for membership in the system shall choose one of the following irrevocable options:
(1) Option 1 as provided in R.S. 11:416(A).
(2) Option 2 as provided in R.S. 11:416(A).
(3) Option 3 as provided in R.S. 11:416(A).
(4) Option 4. At the request of the retiree his retirement benefits shall be suspended for twelve months following the effective date of his retirement or until his reemployment ends, whichever occurs first. The retiree shall receive his retirement benefits after such suspension, but he shall accrue no additional service credit during reemployment. Under this option, neither the retiree nor the employer shall make any contribution to the system.
Acts 2002, 1st Ex. Sess., No. 165, §1, eff. May 9, 2002.
1Acts 2001, No. 455, amended R.S. 11:416.
NOTE: See Acts 2002, 1st Ex. Sess., No. 165, §§2 and 3, relative to implementation and applicability of the Act, severability of provisions, and effect of a holding that application of the Act to certain persons is invalid.
2023 Louisiana Laws › Revised Statutes › Title 11 - Consolidated Public Retirement › §11:417. Members employed in other state or public employment

RS 11:417 - Members employed in other state or public employment
A. Any person who is a member of the Louisiana State Employees' Retirement System, who has creditable membership service of at least five years in this system, and who becomes employed in other state or public employment where he is no longer eligible for membership in this system, but is eligible for membership in the Louisiana School Employees' Retirement System, the Louisiana State Police Retirement System, the Teachers' Retirement System of Louisiana, or the Municipal Police Employees' Retirement System shall have the right to remain a member of this system in lieu of membership in the other state or statewide retirement system by filing a notice of election to remain in this system, in writing, with the board of trustees within thirty days after the effective date of employment. Such election shall be irrevocable.
B. Repealed by Acts 2006, No. 770, §2, eff. June 30, 2006.
C. Any person who is a member of the Louisiana State Employees' Retirement System, who becomes employed in other state or public employment where he is no longer eligible for membership in this system as a result of official actions over which the member has no control, who is eligible for membership in the Louisiana School Employees' Retirement System, the Louisiana State Police Retirement System, the Teachers' Retirement System of Louisiana, or the Municipal Employees' Retirement System, and who has at least one year of creditable service in this system, shall have the right to remain a member of this system in lieu of membership in the other state or statewide retirement system, by filing a notice of election to remain in the system, in writing, with the board of trustees within thirty days after the effective date of the change in employment. The election shall be irrevocable.
Acts 1990, No. 723, §1, eff. June 1, 1990; Redesignated from R.S. 42:558 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1992, No. 843, §1, eff. July 8, 1992; Acts 1993, No. 341, §1; Acts 2006, No. 770, §2, eff. June 30, 2006; Acts 2012, No. 227, §1.