Boyd v. Louisiana State Employees' Retirement System

453 So. 2d 243, 1984 La. App. LEXIS 8945
CourtLouisiana Court of Appeal
DecidedMay 1, 1984
DocketNo. 84 CA 0095
StatusPublished
Cited by3 cases

This text of 453 So. 2d 243 (Boyd v. Louisiana State Employees' Retirement System) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd v. Louisiana State Employees' Retirement System, 453 So. 2d 243, 1984 La. App. LEXIS 8945 (La. Ct. App. 1984).

Opinion

LOTTINGER, Judge.

This is an appeal by the defendants, the Louisiana State Employees’ Retirement System and the Trustees charged with administration thereof, from a judgment of the trial court declaring that plaintiffs, several judges of courts of record, are correct in their interpretation of the Retirement Plan for Judges and Officers of the Court, and more specifically, Act 769 of 1982. (See Appendix for full text of Act 769.)

The trial judge disposed of this issue in excellent reasons for judgment which we adopt as our own.

“This is a suit for declaratory judgment filed by several judges of courts of record1 against the Louisiana State Employees’ Retirement System and the Trustees charged with the administration thereof. It involves the Retirement Plan for Judges and Officers of the Court (R.S. 13:11 et seq.) but more specifically, Act 769 of 1982.

“The parties stipulated that this matter was to be decided on the basis of the pleadings, stipulations and briefs filed by them. The sole issue to be decided in this litigation is one of law — the proper interpretation and effect of the provisions of Act 769 of 1982. The basic purpose of Act 769, as set forth in its title, was to enact uniform requirements with reference to credit for military service and to the purchase thereof. The pertinent provisions of the Act are presently found in R.S. 42:697.11, under the Part entitled ‘Provisions Affecting More Than One Retirement System,’ and are applicable to the fourteen public retirement systems enumerated therein. Plaintiffs in this proceeding are members of the Louisiana State Employees’ Retirement System— one of the fourteen systems so enumerated. They each meet the requirements of Act 769 for purchasing military service credit under Act 769 and have asked for a declaratory judgment concerning the proper interpretation of Act 769 with regard to these three specific questions:

1. What is the employee contribution rate that a person enumerated in R.S. 13:13 must pay in order to obtain credit for military service?
[245]*2452. At retirement, what benefit formula applies to the credit of a person enumerated in R.S. 13:13 for military service?
3. What constitutes ‘base pay’ upon which the computation for contributions is made for persons seeking credit under Act 769?

“In 1976, the Louisiana Legislature first adopted a contributory retirement plan for judges and officers of the court.2 It did so by enacting Act 518 of 1976, which is presently found in R.S. 13:11, et seq. Section 11 authorizes judges and officers of the court to become members of the Louisiana State Employees’ Retirement System. However, the employee contribution to the System is fixed at the regular employee contribution required by law to be paid into the System (7% — R.S. 42:651), plus an additional amount of 4% (R.S. 13:18), bringing the total amount of employee contribution for such members to 11%. By the same token, judges and court officers receive an additional retirement benefit of 1% (R.S. 13:15), which, together with the regular benefit of <£k% (R.S. 42:575), results in a total benefit for such members of Zlh%. The Retirement Plan for Judges and Officers of the Court therefore is governed by the specific provisions contained in R.S. 13:11 et seq., and the general provisions of Chapter 10 of Title 42 of the Louisiana Revised Statutes, relative to the Louisiana State Employees’ Retirement System. A clear interpretation of how these widely separated statutory provisions relate to each other is found in Moise v. La. State Employees’ Retirement System, 366 So.2d 1054 (La.App. 1st Cir.1978), writ denied 368 So.2d at 124.

“In Moise, plaintiff contended he could retire upon satisfying the eligibility requirements of R.S. 42:571 and have the survival benefits specified in R.S. 13:20. Plaintiff did not meet the eligibility requirements for retirement as provided for in R.S. 13:16, but did meet the eligibility requirements of R.S. 42:571(A)(3). Plaintiff cited R.S. 13:14 which provided that by exercising his option to become a member of the system, he availed himself of all the benefits, emoluments, and conditions of the system (R.S. 42:541 through R.S. 42:699) and of all benefits, emoluments and conditions included in R.S. 13:11, et seq. The court, deciding in plaintiff’s favor, relied upon both R.S. 13:14 and R.S. 13:24 (providing for the immediate vesting of all benefits of the system ‘and also with the additional benefits provided by this part.’) (Emphasis added.) It stated:

‘In La.R.S. 13:24 and in La.R.S. 13:14 the language clearly states what rights a person covered by La.R.S. 13:11-26 receives. They receive the benefits, emoluments, and conditions of Title 42 and the benefits, emoluments and conditions of the Retirement Plan for Judges and Officers of the Court. The use of the conjunctive “and” indicates that it was the express intention of the legislature in creating the Retirement Plan for Judges and Officers of the Court to allow those persons eligible under La.R.S. 13:13 and who elect to join the Louisiana State Employees’ Retirement System to receive the maximum in benefits.’
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‘The best combination of both systems, the Louisiana State Employees’ Retirement System and the Retirement Plan for Judges and Officers of the Court, is available to plaintiff-appellee. We find that by the enactment of the Retirement Plan for Judges and Officers of the Court, the legislature provided for a combination of retirement eligibility requirements and a combination of retirement benefits.’
(366 So.2d at 1058)

“With the above in mind, it is appropriate to look at the specific provisions of Act 769 [246]*246of 1982 as found in R.S. 42:697.11B [R.S. 42:697.11 B]. Insofar as payment for the purchase of military service is concerned, that Section provides:

‘* * * In or(jer ⅛, obtain such credit the member shall pay into the system an amount equal to the current employer and employee contributions based on the member’s average base pay for the first thirty-six successive months of credited service in the applicable system * * *. The employer may pay the employer contributions * * *.’

“A survey of the statutes governing the fourteen retirement systems listed in the Act discloses that for a general member of the systems, the employee contribution rate ranges from 5% to 11%. For a member of the Louisiana State Employees’ Retirement System only, the rate ranges from 7% to 11%. The system, rate and statutory references are as follows:

Rate Statutory Reference System
7% R.S. 40:1423 State Police Pension and Relief Fund
R.S. 17:982 Louisiana School Employees’ Retirement System -3
Louisiana School Lunch Employees Retirement System
R.S. 17:1265 Plan A co > — 1 ¾⅝
R.S. 17:1275 Plan B cn ^
R.S. 17:692 Teachers’ Retirement System of Louisiana —3 ^
R.S. 47:1915 Assessors' Retirement Fund —3 ^
R.S. 13:933 Clerk of Court Retirement and Relief Fund -0 ^
R.S.

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Related

Harrison v. TRAUSTEES OF LA. STATE EMPLOYEES'RETIREMENT SYSTEM
671 So. 2d 385 (Louisiana Court of Appeal, 1995)
Edwards v. Trustees of the Louisiana State Employees' Retirement System
600 So. 2d 1353 (Louisiana Court of Appeal, 1992)
Boyd v. Louisiana State Employees' Retirement System
454 So. 2d 127 (Supreme Court of Louisiana, 1984)

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Bluebook (online)
453 So. 2d 243, 1984 La. App. LEXIS 8945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-louisiana-state-employees-retirement-system-lactapp-1984.