Firefighters' Retirement System v. Landrieu

572 So. 2d 1175, 1990 La. App. LEXIS 3003, 1990 WL 211414
CourtLouisiana Court of Appeal
DecidedDecember 18, 1990
DocketNos. CA 90 0564, CA 90 0565
StatusPublished
Cited by16 cases

This text of 572 So. 2d 1175 (Firefighters' Retirement System v. Landrieu) 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
Firefighters' Retirement System v. Landrieu, 572 So. 2d 1175, 1990 La. App. LEXIS 3003, 1990 WL 211414 (La. Ct. App. 1990).

Opinion

LANIER, Judge.

This action is a suit by two state retirement systems seeking a judgment declaring they are entitled to possession of certain funds collected pursuant to state law and which are being held by the state treasurer. Separate suits were filed by the Firefighters’ Retirement System and the Municipal Police Employees’ Retirement System (hereinafter collectively referred to as Systems) against Mary L. Landrieu, Treasurer of the State of Louisiana. These suits were consolidated for trial. The trial court found as a matter of law that 1) funds collected pursuant to La.R.S. 22:1419(A) for the Systems are specifically exempt from the provisions of La.R.S. 49:308.3, 2) these funds are owned by the Systems, are not required by La. Const, of 1974 art. VII, § 9(A)(4) to be deposited into the state treasury and are specifically excluded from the legislative abolition of special funds within the state treasury, and 3) these funds are exempt from legislative abolition and impairment by La. Const, of 1974 art. X, § 29(E). The trial court rendered judgment in favor of the Systems ordering Landrieu to remit $5,273,002 to the Firefighters’ Retirement System and $5,217,515 to the Municipal Police Employees’ Retirement System. Landrieu took this suspensive appeal.

FACTS

The Systems were created for the purpose of providing retirement and other benefits for firefighters and police employees. La.R.S. 33:2152 and 33:2371. Some funds for the Systems are derived from employer and employee contributions. La.R.S. 33:2160 and 33:2380. Other funds for the Systems are derived from insurance company assessments pursuant to La.R.S. 22:1419(A). These assessments are collected by the Insurance Rating Commission (Commission) and deposited with the state treasurer (Landrieu) to the accounts of the Systems.

In July, August and September of 1988, the assessments levied pursuant to La.R.S. 22:1419(A) for the period of July 1, 1987 through June 30, 1988, were collected by the Commission and deposited on a daily basis by the Louisiana Department of Insurance with the state treasurer (Landrieu) into the Bond Security and Redemption Fund of the State of Louisiana. The sum of $6,001,022 was collected by the Commission for the Firefighters’ Retirement System, and the sum of $12,002,288 was collected by the Commission for the Municipal Police Employees’ Retirement System.

La.R.S. 49:308.3, which became effective July 1, 1988, abolished all special funds in the state treasury, except for those funds which were specifically exempted. All bal-[1177]*1177anees of the abolished funds were transferred to the state general fund.

By Act 19 of the 1988 Regular Session, $6,784,772 was appropriated from the state general fund to the Municipal Police Employees’ Retirement System, and $728,103 was appropriated from the state general fund to the Firefighters’ Retirement System. These amounts were received by the Systems from the state treasurer (Lan-drieu) on December 13, 1988.1

In January of 1989, the state treasurer (Landrieu) refused to remit the funds deposited by the Commission for the 1988 accounting year to the accounts of the Systems in accordance with La.R.S. 22:1419(A), asserting that such funds were abolished by La.R.S. 49:308.3.

This suit followed.

RETIREMENT SYSTEM FUNDS AND EXEMPTION FROM LEGISLATIVE ABOLITION

(Assignments of error numbers 1, 2 and 3)

Landrieu contends the trial court erred in finding 1) the funds collected pursuant to La.R.S. 22:1419(A) are retirement funds and are not required by La.Const. of 1974 art. VII, § 9(A)(4) to be deposited into the state treasury; and 2) the Systems’ accounts are exempted from legislative abolition by La.R.S. 49:308.3(B) and La.Const. of 1974 art. X, § 29(E)(5).

La.R.S. 22:1419(A) states, in pertinent part, the following:

... An expense fund in the amount so determined by the commission shall be provided by all insurers doing business in this state and subject to this Part, by the payment of an assessment to be levied against them by the commission in proportion to their gross direct premiums received in this state in the preceding year, less returned premiums. No such assessment shall exceed one percent of such premiums. Regardless of the percentage assessed by the commission, an amount equal to four-tenths of one percent of the gross direct premiums received in this state, in the preceding year, by insurers doing business in this state and subject to this Part, less returned premiums shall be deposited by the commission with the state treasurer to the account of the Municipal Police Employees’Retirement System, ... and an amount equal to two-tenths of one percent of the gross direct premiums received in this state, in the preceding year, by insurers doing business in this state and subject to this Part, less returned premiums shall be deposited by the commission with the state treasurer to be paid to the account of the Firefighters’ Retirement System.
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(Emphasis added)

La.Const. of 1974 art. VII, § 9(A)(4) states the following:

(A) Deposit in State Treasury. All money received by the state or by any state board, agency, or commission shall be deposited immediately upon receipt in the state treasury, except that received:
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(4) by retirement system funds;
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La.R.S. 49:308.3 provides, in pertinent part, as follows:

A. Notwithstanding any other law to the contrary and except as provided by the Constitution of Louisiana and Subsection B of this Section, all special funds in the state treasury are abolished and any and all laws of the state which dedicate or otherwise provide for the use of money required by the Constitution of Louisiana to be deposited in the state treasury are superseded on the effective date of this Section. The treasurer is therefore authorized and directed to transfer the balances of the abolished funds and deposit them into the general fund. Notwithstanding laws requiring certain money to be deposited in and credited to such abolished special funds, the treasurer, [1178]*1178upon receipt of such money, and after compliance with the requirements of Article VII, Section 9(B) of the constitution relative to the Bond Security and Redemption Fund, shall deposit the money in and credit it to the general fund. All interest earned on investment of the money shall be deposited in and credited to the general fund.
B. This Section shall not apply to or affect the laws which dedicate or otherwise provide for the use of the following money or the laws which provide for the following special funds in the state treasury:
(1) Special funds or dedications of money established in or protected by the Constitution of Louisiana or special funds containing money not required by the constitution to be deposited in the state treasury.
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(Emphasis added)

La. Const, of 1974 art. X, § 29(E)(5) provides as follows:

All assets, proceeds, or income of the state and statewide public retirement systems, and all contributions and

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Opinion Number
Louisiana Attorney General Reports, 2003
Firefighters' Retirement System v. Landrieu
575 So. 2d 811 (Supreme Court of Louisiana, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
572 So. 2d 1175, 1990 La. App. LEXIS 3003, 1990 WL 211414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firefighters-retirement-system-v-landrieu-lactapp-1990.