Retired State Employees Ass'n v. State

119 So. 3d 568, 2013 WL 3287132, 2013 La. LEXIS 1542
CourtSupreme Court of Louisiana
DecidedJune 28, 2013
DocketNo. 2013-CA-0499
StatusPublished
Cited by6 cases

This text of 119 So. 3d 568 (Retired State Employees Ass'n v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Retired State Employees Ass'n v. State, 119 So. 3d 568, 2013 WL 3287132, 2013 La. LEXIS 1542 (La. 2013).

Opinion

GUIDRY, Justice.

|] The district court declared that Act No. 483 of the 2012 Regular Session of the Louisiana Legislature was enacted in violation of the constitutional requirements found in Article X, Section 29(F) of the Louisiana Constitution. The defendants appealed directly to this court pursuant to Article V, Section 5(D) of the Constitution. We granted the defendants’ request for [570]*570expedited consideration pursuant to La. Sup.Ct. Rule VI, § 4, docketed the case for briefing and oral argument, and have now completed our appellate review.1 For the reasons set forth below, we affirm the district court’s judgment.2

FACTS AND PROCEDURAL HISTORY

The Louisiana Constitution in Article X, Section 29(F) provides in part as | ^follows:

Benefit provisions for members of any public retirement system, plan, or fund that is subject to legislative authority shall be altered only by legislative enactment. No such benefit provisions having an actuarial cost shall be enacted unless approved by two-thirds of the elected members of each house of the legislature.

During the 2012 Regular Session of the Louisiana Legislature, the House of Representatives considered House Bill No. 61 (“HB 61”), which provided for the establishment of a cash balance retirement plan for certain new members of the Louisiana State Employees’ Retirement System (“LASERS”), the Teachers’ Retirement System of Louisiana (“TRSL”), and the Louisiana School Employees’ Retirement System (“LSERS”) hired on or after July 1, 2013.3 The House Retirement Committee met and discussed HB 61 on April 12, 2012, and favorably passed it out of committee by eleven votes to one. On May 1 and May 2, 2012, HB 61 was presented on the House floor.

On May 1, 2012, the Speaker of the House ruled a majority vote was sufficient to pass HB 61, rather than a two-thirds majority. The Speaker determined that because HB 61 established a new retirement plan for future employees and did not affect the existing benefits of current members of any retirement plan, La. Const, art. X, § 29(F) did not apply to require a two-thirds vote, a majority vote would suffice. See http://house.louisiana. gov/H_Video/WM/2012/May_2012/0501_12_ Day31_2012RS.asx. That ruling was appealed by a member of the House. The debate centered on whether the cash balance plan was a new plan that affected only future members and not the benefits of current members in the regular defined benefit plan. One representative stated: “This is not a modification of an existing plan. This is the creation of a new plan.” Id. The argument countering the Speaker’s ^ruling was that the word “future” describing “benefits” was removed from La. Const, art. X, § 29(F) in 2010, such that legislation that affects any member’s benefits, not only current benefits but also future benefits, would require a two-thirds vote. The Chair’s ruling was upheld by a vote of 63 yeas to 37 nays, with five members absent. See id.

HB 61 was again presented in the house the following day on May 2, 2012. A point [571]*571of order requested the Speaker to rule on the vote required to pass HB 61; the Speaker answered that a majority vote was appropriate. This ruling, too, was appealed. The debate focused on whether the cash balance plan was a new plan that affected only future benefits for members, whether current members or new hires. It was observed that the legislative auditor’s actuarial note concluded the cash balance plan as set forth in HB 61 would be somewhat more costly to the State than the current defined benefit plan. Because HB 61, as then configured, allowed certain current members of the retirement system to opt into the new, more costly plan, the argument was made that HB 61 also affected current members’ benefits. Therefore, the argument continued, La. Const, art. X, § 29(F) requires a two-thirds vote. The response in favor of upholding the Speaker’s ruling was that, even if a current member opted into the cash balance plan, not yet in existence, then it would be a future benefit and such legislation would not require a two-thirds vote. The House upheld the Speaker’s ruling by a vote of 77 yeas to 21 nays, with seven members absent. See Joint Exhibit No. 7; http:// house.louisiana.gov/H_Video/WM/2012/ May_2012/0502_12_Day32_2012RS.asx. HB 61 was then passed by the House on May 2, 2012, with 55 yeas to 45 nays, and referred to the Senate.

In the Senate, the bill was amended, and with amendments, the bill was passed on May 17, 2012, by a vote of 23 yeas to 11 nays, with 5 members absent. However, the House did not concur in the bill as amended in the Senate. The | ¿House and Senate appointed a conference committee, and the committee’s report was adopted by both the House and Senate. HB 61 was adopted by the Senate on May 30, 2012, by a vote of 26 yeas to 8 nays, with five absent. HB 61 was adopted by the House on May 30, 2012, by a vote of 68 yeas to 36 nays, with one absent. HB 61 was then signed into law as Act No. 483 by the Governor on June 5, 2012. The parties have stipulated that at no time did HB 61 receive the approval of two-thirds of the elected members of the House.

After the bill was enacted, the Retired State Employees’ Association (“RSEA”), Frank Lucien Jobert, Jr., Dudley Anthony Gautreaux, Benny Glynn Harris, Frances Dianne Landreaux Guillot, and Lorraine Simmons Trotter, filed the instant petition for declaratory judgment and permanent injunction against the State of Louisiana, Governor Bobby Jindal, and State Treasurer John Kennedy, challenging the validity of Act No. 483. Specifically, the plaintiffs asserted Act No. 483 was enacted in violation of the mandatory voting requirements set forth in La. Const, art. X, § 29(F). In their petition, the plaintiffs alleged the official actuarial note to HB 61, prepared by the Legislative Auditor, “clearly and unambiguously reported that HB 61 would have an actuarial cost.” The plaintiffs further alleged HB 61 did not receive approval of two-thirds of the elected members of the House. Therefore, they asserted, Act No. 483 violates La. Const, art. X, § 29(F).

The State and the Governor filed peremptory exceptions of no right of action and no cause of action, asserting the plaintiffs lacked standing and their petition for declaratory judgment failed to present a cause of action upon which relief could be granted. The Treasurer filed an answer to the plaintiffs’ petition. In a judgment signed on December 19, 2012, the district court overruled the State’s and the |,-governor’s peremptory exceptions.4

[572]*572On January 24, 2013, a trial was held on the plaintiffs’ petition for declaratory judgment and permanent injunction. After hearing oral arguments and reviewing the evidence, the district court in a written judgment signed on January 31, 2013, held that Act No. 483 of the 2012 Regular Session of the Louisiana Legislature was passed in violation of the constitutional requirements found in Article X, Section 29(F) of the Louisiana Constitution. The written judgment referenced oral reasons, given in open court on January 24, 2013, in which the district court stated in part:

This case boils down, at least in my humble opinion, to a very simple procedural issue.

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119 So. 3d 568, 2013 WL 3287132, 2013 La. LEXIS 1542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/retired-state-employees-assn-v-state-la-2013.