§ 11:2225 — Administration

Louisiana § 11:2225

• Jurisdiction: Louisiana
• Title 11: Consolidated Public Retirement Systems

Text

§2225. Administration
A.(1) The general administration and responsibility for the proper operation of the
retirement system and for making effective the provisions of this Chapter are hereby vested
in a board of trustees which shall be organized immediately after a majority of the trustees
provided for in this Section shall have qualified and taken the oath of office. The board of
trustees may make, amend, and promulgate rules and otherwise provide for the establishment
and maintenance of the system as authorized by this Title.
(2)(a) The board shall consist of fifteen trustees as follows: Seven members, three
of whom shall not be chiefs of police but shall be active contributing members of the system
with ten or more years of creditable service, and four of whom shall be active contributing
chiefs of police, with four or more years of creditable service provided that no municipal
police department shall have more than one member and one chief of police on the board at
the same time; two regular retirees of the system, one retired from Chiefs District I and one
retired from Chiefs District II as those districts are comprised in Subparagraphs (b) and (c)
of this Paragraph; three ex officio trustees to include the chairman of the Senate Committee
on Retirement or his designee, the commissioner of administration or his designee, and the
state treasurer or his designee; a member of the House Committee on Retirement appointed
by the speaker of the House of Representatives or the member's designee; and two mayors
appointed by the Louisiana Municipal Association from municipalities having police
departments participating in the system, to serve at the pleasure of the Louisiana Municipal
Association. The retired trustees shall be elected by the retired members of the system for
a term of five years with the first retired trustees' terms to commence on July 1, 1997.
Whenever the term of a board member expires, the term of the newly elected board member
shall be for a term of five years. The director of the retirement system shall be selected by
the board of trustees. Election of members shall be under such rules and regulations as the
board of trustees shall establish.
(b) The successor of the member of the board of trustees whose term expires on or
about June 30, 1992, shall be elected in the following manner. A member who is a chief of
police shall be elected to the board for a term of five years beginning July 1, 1992, from
Chiefs District II, which shall be composed of the parishes of Ascension, East Baton Rouge,
Jefferson, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles, St. Helena, St. John
the Baptist, St. Tammany, Tangipahoa, Washington, and West Baton Rouge.
(c) The successors of the members of the board of trustees whose terms expire on
or about June 30, 1988, shall be elected as follows:
(i) Two members who are chiefs of police shall be elected to the board of trustees
for a term of five years beginning July 1, 1988, from a district to be called Chiefs District I,
which shall be composed of the parishes of Acadia, Allen, Assumption, Avoyelles,
Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne,
Concordia, DeSoto, East Carroll, East Feliciana, Evangeline, Franklin, Grant, Iberia,
Iberville, Jackson, Jefferson Davis, Lafayette, Lafourche, LaSalle, Lincoln, Madison,
Morehouse, Natchitoches, Ouachita, Pointe Coupee, Rapides, Red River, Richland, Sabine,
St. James, St. Landry, St. Martin, St. Mary, Tensas, Terrebonne, Union, Vermilion, Vernon,
Webster, West Carroll, West Feliciana, and Winn.
(ii) One member who is a chief of police shall be elected to the board of trustees for
a term of five years beginning July 1, 1988, from Chiefs District II, as described in
Subparagraph (b) of this Paragraph.
(d) The successor of the member of the board of trustees whose term expires on or
about June 30, 1989 shall be elected in the following manner. A member who is not a chief
of police shall be elected to the board of trustees for a term of five years beginning July 1,
1989 from a district to be called Non-chief District III, which shall be composed of the parish
of Orleans.
(e) The successor of the member of the board of trustees whose term expires on or
about June 30, 1990, shall be elected in the following manner. A member who is not a chief
of police shall be elected to the board of trustees for a term of five years beginning July 1,
1990, from a district to be called Non-chief District II, which shall be composed of the
parishes of Acadia, Ascension, Assumption, Calcasieu, Cameron, East Baton Rouge, Iberia,
Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, Livingston, Plaquemines, Pointe
Coupee, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Landry, St.
Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Washington, and West
Baton Rouge.
(f) The successor of the member of the board of trustees whose term expires on or
about June 30, 1991, shall be elected in the following manner. A member who is not a chief
of police shall be elected to the board of trustees for a term of five years beginning July 1,
1991, from a district to be called Non-chief District I, which shall be composed of the
parishes of Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Caldwell, Catahoula,
Claiborne, Concordia, DeSoto, East Carroll, East Feliciana, Evangeline, Franklin, Grant,
Jackson, LaSalle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red
River, Richland, Sabine, Tensas, Union, Vernon, Webster, West Carroll, West Feliciana, and
Winn.
(g) The term of the member of the board of trustees which would expire on or about
June 30, 1986, shall be extended until October 31, 1987. The board of trustees shall
schedule and hold an election prior to October 31, 1987, for election of a member to the
board of trustees who shall serve from November 1, 1987, through June 30, 1991. This
election shall be held statewide. The term of the member of the board of trustees which
would expire on or about June 30, 1987, shall be extended until October 31, 1987. The
board of trustees shall schedule and hold an election in Chiefs District II prior to October 31,
1987, for election of a member to the board of trustees who shall serve from November 1,
1987, through June 30, 1992.
(3)(a) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the
unexpired term in the same manner as the office was previously filled. If a member of the
board of trustees elects to participate in the deferred retirement option plan, the member shall
continue to serve as a member of the board of trustees until the expiration of the term for
which the member was elected or until his employment terminates, whichever occurs first.
If an elected member of the board of trustees with no more than two years left in his term
becomes a retiree of the system, the member may continue to serve as a member of the board
of trustees until the expiration of the term for which the member was elected. If a member
of the board of trustees serving in a Chiefs District I or Chiefs District II position with no
more than two years left in his term ceases to be a chief of police but remains a member of
the system, the member may continue to serve as a member of the board of trustees until the
expiration of the term for which the member was elected. All members of the board of
trustees shall be employees of the district from which they are elected and shall be elected
under rules of the board of trustees by the members employed in that district. Every active
member shall be eligible to vote for the chief and nonchief positions on the board of trustees
in the districts which include the parish of their employment.
(b) Notwithstanding any other provision of this Section or any other provision of law
to the contrary, the term of office for one member of the board of trustees representing Chiefs
District I who is serving on the board of trustees on July 1, 1993, shall be considered as
having been elected for a one-time term of four years beginning July 1, 1993, and ending on
or about June 30, 1997. The board of trustees shall designate on or before June 30, 1993,
which member of the board of trustees representing Chiefs District I shall fill the four-year
term. The successor of the member of the board of trustees representing Chiefs District I
whose term expires on or about June 30, 1997, shall be elected to the board of trustees for
a term of five years beginning July 1, 1997.
(4) The trustees shall receive for attendance at meetings of the board, not to exceed
fifteen meetings per annum, a per diem of seventy-five dollars per day plus the normal
expense allowance allowed state employees by the division of administration, provided funds
are available for this purpose.
(5) Each trustee shall, within thirty days after the beginning of his term of office take
an oath of office that, so far as it devolves upon him, he will diligently and honestly
administer the affairs of the said board, and that he will not knowingly violate or willingly
permit to be violated any of the provisions of law applicable to the retirement system. Such
oath shall be subscribed to by the member making it, and certified by the officer before
whom it is taken, and immediately filed in the office of the secretary of state.
(6) Each trustee shall be entitled to one vote on the board. Eight trustees shall
constitute a quorum for any board meeting, and a majority vote of the trustees present shall
be necessary for a decision by the trustees at any meeting of the board.
(7) Repealed by Acts 2023, No. 108, §2, eff. July 1, 2023.
(8) A majority of the board of trustees shall elect from its membership a chairman.
A majority of the board shall also appoint a director to the board, and define his duties and
set his compensation. The board of trustees shall engage such actuarial and other services
as shall be required to transact the business of the retirement system. The compensation of
all persons engaged by the board of trustees, and all other expenses of the board necessary
for the operation of the retirement system shall be paid at such rates and in such amounts as
the board of trustees shall approve.
(9) The board of trustees shall keep in convenient form such data as shall be
necessary for actuarial valuation of the various funds of the retirement system, and for
checking the experience of the system.
(10) The board of trustees shall keep a record of all of its proceedings which shall
be open to public inspection. It shall publish annually a report showing the fiscal
transactions of the retirement system for the preceding fiscal year, the amount of the
accumulated cash and securities of the system, and the last balance sheet showing the
financial condition of the system by means of an actuarial valuation of the assets and
liabilities of the retirement system.
(11)(a)(i) Every municipality which has a police retirement plan or system shall
merge its active members into the Municipal Police Employees' Retirement System and such
merger shall be binding on all parties; however, any merger of the law enforcement members
of the Baton Rouge City Parish Employees' Retirement System into this system shall be
subject to the provisions of R.S. 11:2214(A)(2)(b)(ii) and Item (ii) of this Subparagraph.
Such merger shall be preceded by an actuarial investigation of the assets and liabilities of the
system being merged. The municipalities which provide retirement with sixteen, twenty, or
twenty-five years of service credit at any age shall guarantee and pay its regular retirement
benefits to any employee who takes a deferred retirement with sixteen, twenty, or twenty-five
years of service credit prior to reaching age fifty or fifty-five until the retiree reaches the age
of fifty or fifty-five and is eligible to receive a benefit from the Municipal Police Employees'
Retirement System. The municipality paying the benefit shall in computing said benefit use
the salary and all years of service credit that would have been used had no merger taken place
and if the municipality is one where military service credit cannot be purchased until the
member has twenty years of service credit, the computation of the benefit shall not include
any years of military service credit unless the member actually has twenty years of service
credit without the military service credit. The municipality shall pay to the Municipal Police
Employees' Retirement System in one cash payment an amount equal to sixty percent of the
accrued liability, as determined or approved by the actuary for the Municipal Police
Employees' Retirement System, for all members and service credit merged or at the option
of the municipality, such payment may be made in annual payments plus seven percent
interest compounded annually over a period not exceeding thirty years.
(ii) Notwithstanding any other provision of law to the contrary, the consolidated
government of the city of Baton Rouge and parish of East Baton Rouge may merge into this
system less than all of the active law enforcement members of the Baton Rouge City Parish
Employees' Retirement System meeting the definition of "employee" under the provisions
of this Chapter. Such a partial merger shall be undertaken subsequent to a one time, thirty
day election period, to be conducted by the consolidated government of the city of Baton
Rouge and parish of East Baton Rouge. During this election period, each active law
enforcement member may elect either to maintain his individual membership in the Baton
Rouge City Parish Employees' Retirement System or transfer his membership to this
retirement system. Such election shall be irrevocable. Any partial merger of these active law
enforcement employees into this system shall be preceded by an actuarial investigation of the
assets and liabilities in the system to the credit of the employees being merged. To each
employee electing to avail himself of the provisions of this Item, the consolidated
government shall guarantee by individual guarantee of benefits contracts with each individual
employee electing to merge additional benefits not payable under the Municipal Police
Employees' Retirement System. The municipality shall pay to the Municipal Police
Employees' Retirement System in one cash payment an amount equal to sixty percent of the
accrued liability, as determined or approved by the actuary for this system, for all members
and service credit merged or at the option of the municipality, such payment may be made
in annual payments plus seven percent interest compounded annually over a period not
exceeding thirty years. Subsequent to such partial merger, all newly hired law enforcement
employees meeting the definition of "employee" as contained in this Chapter shall be
enrolled in this system as a condition of employment. This Item shall be subject to
Subparagraphs (b) through (h) of this Paragraph.
(b) Any municipality which has a police retirement plan or system may merge its
retirees, beneficiaries, or survivors into the Municipal Police Employees' Retirement System
and such merger shall be binding on all parties. Such merger shall be preceded by an
actuarial investigation of the accrued liability for such retirees, beneficiaries, or survivors and
the municipality shall pay in one cash payment an amount equal to the accrued liability for
the retirees, beneficiaries, or survivors or at the option of the municipality it shall pay the
accrued liability for all retirees, beneficiaries, or survivors in annual payments plus seven
percent interest compounded annually over a period not exceeding thirty years.
(c) Should any municipality fail to make any payments provided herein the board of
trustees of the Municipal Police Employees' Retirement System may proceed to collect such
amounts with interest at the rate of legal interest by action in a court of competent
jurisdiction against the municipality liable therefor or such amounts shall, upon due
certification of delinquency and at the request of the Municipal Police Employees'
Retirement System, be deducted from any other monies payable to such municipality by any
department or agency of the state.
(d) Should any municipality fail to pay any of the guaranteed retirement benefits to
any member who takes a deferred retirement from the Municipal Police Employees'
Retirement System as provided herein, the board of trustees of the Municipal Police
Employees' Retirement System shall proceed after sixty days to collect sufficient funds and
pay said benefits. Sufficient funds to pay said benefits shall, upon due certification of
delinquency and at the request of the Municipal Police Employees' Retirement System, be
deducted from any monies payable to such municipality by any department or agency of the
state.
(e) Notwithstanding any other provision of law to the contrary, any police officer
who is a member of any municipal retirement system, shall be eligible to enter into a merger
agreement where the individual officer and this system are the sole parties to the agreement;
provided that the municipal retirement system is not a police retirement plan or system that
is subject to the mandatory merger requirements set forth in this Section. The merger shall
be accomplished by transferring all of the member's individual accredited service along with
all of the employee and employer contributions plus interest at the board-approved actuarial
valuation rate of the transferring system. If the funds transferred are less than sixty percent
of the liabilities transferred under the merger, the member shall pay the balance up to the
sixty percent requirement. The remaining amount due shall be paid from the fund
established in R.S. 22:1476(A) for the merger of retirement systems and funds with this
system. This Subparagraph shall be subject to the provisions of Subparagraph (d) of this
Paragraph.
(f) Notwithstanding any other provision of law to the contrary, any municipal police
department which, as a result of administrative error, on behalf of the state of Louisiana,
enrolled its police officers in social security, and which department has been notified by the
Social Security Administration that its police officers are not eligible for social security, shall
be allowed to merge all active members, retirees, beneficiaries, and survivors into this
system. The merger shall be accomplished, after actuarial investigation of the accrued
liabilities being merged, by the payment by the municipality of all refunds of employer and
employee contributions from social security, plus interest thereon from the date of the refund
until the date of the merger, which amount shall be deducted from the total accrued liability,
with the resulting amount of the accrued liabilities due to be paid from the fund established
in R.S. 22:1476(A) for the merger of retirement systems and funds with this system.
Payments from this fund shall be made as determined by the Public Retirement System's
Actuarial Committee.
(g) Any person who is employed by a municipal police department and who is
merged into this system under the provisions of Subparagraph (f) of this Paragraph, and who
is eligible for and receives federal social security benefits as the result of contributions made
for service with the municipal police department, shall be subject to the offset provisions set
forth in Subparagraph (h) of this Paragraph.
(h) The retirement benefit received from this system by any person covered by
Subparagraph (g) of this Paragraph shall be offset by the full amount of the federal social
security benefit attributable to service with the municipal police department. The total of
both benefits shall not exceed the retirement benefit to which the member is entitled to
receive from this system. The offset shall be applicable only to that percentage of the total
social security benefit attributable to the number of contribution quarters for service with the
municipal police department, divided by the total of all contribution quarters used in the
calculation of the social security benefit.
(12) The mandatory merger requirement of Paragraph (11) of this Subsection shall
be inapplicable with respect to any municipality, which enacts an ordinance exempting the
municipality from the mandatory requirements of Paragraph (11). However, should any
municipality which enacts the ordinance authorized by this Paragraph choose to merge its
active members, retirees, beneficiaries, or survivors into this system, all provisions and
requirements of Paragraph (11) must be complied with.
B. The retirement system shall take all actions necessary to comply with the
provisions of the Internal Revenue Code applicable to qualified governmental retirement
plans. Amendments to the fund required for the purpose of maintaining continued
compliance with the Internal Revenue Code and the regulations thereunder that do not
require legislative action shall be promulgated as rules in accordance with the Administrative
Procedure Act, and the plan provisions shall hereafter consist of this Chapter together with
such properly promulgated rules.
C. The board of trustees shall designate a medical board to be composed of three
physicians not eligible to participate in the retirement system. If required, other physicians
may be employed to report on special cases. The medical board shall arrange for and pass
upon all medical examinations required under the provisions of this Chapter, and shall
investigate all essential statements and certificates by or on behalf of a member in connection
with an application for disability retirement, and shall report in writing to the board of
trustees its conclusion and recommendations upon the matters referred to it.
D.(1) The board of trustees shall designate an actuary who shall be the technical
advisor of the board of trustees on matters regarding the operation of the fund created by the
provisions of this Chapter, and shall perform such other duties as are required in connection
therewith.
(2) Immediately after the establishment of the retirement system, the actuary shall
make such investigation of the mortality, service and compensation experience of the
members of the system as he shall recommend and the board of trustees shall authorize, and
on the basis of such investigation he shall recommend for adoption by the board of trustees
such tables and such rates as are required in Subparagraphs (3)(a) and (b) of this Subsection.
The board of trustees shall adopt tables and certify rates, and as soon as practicable thereafter
the actuary shall make a valuation based on such tables and rates of the assets and liabilities
of the funds created by this Chapter.
(3) In the year of 1974, and at least once in each five-year period thereafter, the
actuary shall make an actuarial investigation into the mortality, service and compensation
experience of the members and beneficiaries of the retirement system, and shall make a
valuation of the assets and liabilities of the funds of the system, and taking into account the
result of such investigation and valuation, the board of trustees shall:
(a) Adopt for the retirement system such mortality, service and other tables as shall
be deemed necessary; and
(b) Certify the rates of contribution payable by the employer on account of the new
entrants.
(4) On the basis of such tables as the board of trustees shall adopt, the actuary shall
make an annual valuation of the assets and liabilities of the funds of the system created by
this Chapter.
(5)(a) Unless different actuarial assumptions are formally adopted and disclosed, as
provided herein, the following assumptions shall determine the actuarial equivalents as used
in this retirement system:
(i) Interest shall be compounded annually at the rate of seven percent per annum.
(ii) Annuity rates shall be determined on the basis of the 1971 Group Annuity
Mortality Tables.
(b) The board of trustees may authorize the use of interest and mortality rates in
determining the actuarial equivalents which are different from the actuarial assumptions used
for other purposes hereunder. Any change in such actuarial assumptions shall be considered
a part of this retirement system and shall be considered an amendment to the provisions of
this Section. In order to be effective, such change must be formally adopted by the board of
trustees and disclosed to members of the retirement system.
E. Notwithstanding any other provision of law to the contrary, the board of trustees
shall not have the right to collect overpayments of a survivor benefit paid in administrative
error prior to June 30, 2018, to the surviving child of a member whose death occurred on or
before June 30, 2017, except in the case of fraud.
F.(1) The following words and phrases, as used in this Subsection, shall have the
following meanings:
(a) "Actuarial certification" means a certification, by the actuary designated pursuant
to Paragraph (D)(1) of this Section, of the actuarial impact of including disputed overtime
in the average final compensation of a Baton Rouge police officer. An actuarial certification
shall be based on the assumptions in the system's most recent actuarial valuation approved
by the Public Retirement Systems' Actuarial Committee.
(b) "Administrative expenses" means all expenses paid to vendors that are solely
attributable to the initial actuarial certification or an actuarial certification.
(c) "Applicable interest" means interest to be computed using the actual market rates
of return on system assets as certified in the system's actuarial valuation reports approved by
the Public Retirement Systems' Actuarial Committee to the extent available. For periods
where no such approved valuation exists, applicable interest shall be determined based on
the most recent estimate of the system's composite market rate of return as certified by the
system's investment consultant. For any periods where no estimate is available, the assumed
rate of return utilized in the system's most recent Public Retirement Systems' Actuarial
Committee approved actuarial valuation report shall be used.
(d) "Baton Rouge police officer" means any of the following:
(i) An active employee of Baton Rouge as of June 30, 2019, whose employment with
Baton Rouge making him eligible for membership in the system occurred during the period
beginning February 26, 2000, and ending December 31, 2017, and who does not obtain a
refund of his accumulated contributions after December 31, 2017.
(ii) A member whose employment with Baton Rouge making him eligible for
membership in the system occurred during the period beginning February 26, 2000, and
ending December 31, 2017, who did not obtain a refund of the amount of his accumulated
contributions after December 31, 2017, who has sufficient years of service credit established
in the retirement system to receive a benefit upon obtaining the appropriate age under this
Chapter, who ceased covered employment with Baton Rouge on or before June 30, 2019, and
who leaves his accumulated contributions in the retirement system in order to receive a
retirement benefit upon reaching the applicable age.
(iii) A former employee of Baton Rouge who is retired on June 30, 2019, or who is
deceased and has a beneficiary receiving a survivor benefit on June 30, 2019, and whose
employment with Baton Rouge making him eligible for membership in the system occurred
during the period beginning February 26, 2000, and ending December 31, 2017.
(iv) "Baton Rouge police officer" does not mean an employee who was merged into
the system pursuant to Item (A)(11)(a)(ii) of this Section, who, after being merged, obtained
a refund of the amount of his accumulated contributions and who, after December 31, 2017,
returns to employment with Baton Rouge, or any retiree who received a refund of employee
contributions paid on disputed compensation.
(e) "Disputed overtime" means compensation paid to a Baton Rouge police officer
that does not qualify as earnable compensation under this Chapter but meets all of the
following requirements:
(i) It was paid for work required in the employee's regular scope of duty.
(ii) It is compensation of the type on which the city of Baton Rouge, parish of East
Baton Rouge, referred to in this Subsection as "Baton Rouge", was paying contributions to
the system prior to January 1, 2018.
(f) "Initial actuarial certification" means a certification by the actuary designated
pursuant to Paragraph (D)(1) of this Section of the actuarial impact of including disputed
overtime in the average final compensation for all Baton Rouge police officers to whom a
benefit was paid prior to July 1, 2019.
(2)(a) The average final compensation of a Baton Rouge police officer to whom a
benefit was paid prior to July 1, 2019, shall include disputed overtime if on or before
September 30, 2019, Baton Rouge provides the system with all data necessary for the initial
actuarial certification, and the certification shows that the actuarial cost does not exceed the
value of the contributions received by the system plus applicable interest.
(b) If the initial actuarial certification shows the actuarial cost exceeds the value of
the contributions received by the system plus applicable interest, Baton Rouge shall pay to
the system, within ninety days of the initial actuarial certification, the amount determined by
the actuary designated pursuant to Paragraph (D)(1) of this Section that is necessary to offset
the actuarial cost. If Baton Rouge fails to pay the amount necessary to offset the actuarial
cost, the system shall notify the retiree or beneficiary of Baton Rouge's failure to pay and
shall cease paying benefits based on disputed overtime until the system receives the amount
necessary to offset the actuarial cost plus interest from Baton Rouge or from the state
treasurer pursuant to Paragraph (6) of this Subsection.
(c) If any Baton Rouge police officer is omitted from the initial actuarial certification
due to an administrative error, the actuary shall amend the initial actuarial certification within
ninety days of the discovery of the omission.
(d) Prior to making the initial actuarial certification, the actuary designated pursuant
to Paragraph (D)(1) of this Section and an actuary hired by Baton Rouge shall agree, in
writing, on the actuarial methodology to be used for the initial actuarial certification and any
subsequent actuarial certifications. No other methodology shall be used for certifications
made pursuant to this Subsection.
(3)(a) The average final compensation of a Baton Rouge police officer who was not
receiving a benefit prior to July 1, 2019, shall include disputed overtime if, upon receipt of
an application for benefits, the system obtains an actuarial certification that shows the
actuarial cost does not exceed the value of the contributions received by the system for the
applicant plus applicable interest.
(b) If such certification shows that the actuarial cost exceeds the value of the
contributions received by the system for the applicant plus applicable interest, Baton Rouge
shall pay to the system, within thirty days of receipt of the actuarial certification, the amount
determined by the actuary necessary to offset the increased actuarial cost. If Baton Rouge
fails to pay the amount necessary to offset the increased actuarial cost within the thirty-day
period, the system shall notify the applicant of Baton Rouge's failure to pay. The average
final compensation of such an officer shall include disputed overtime after the system
receives the amount necessary to offset the actuarial cost plus interest from Baton Rouge or
from the state treasurer pursuant to Paragraph (6) of this Subsection.
(4) If the initial actuarial certification or an actuarial certification shows the actuarial
cost is less than the value of the contributions received by the system plus applicable interest,
Baton Rouge shall receive a credit from the system to offset any cost due to the system
pursuant to this Subsection.
(5) On or before August fifteenth of each year, the system's director shall certify to
Baton Rouge, the total of administrative expenses paid by the system during the previous
fiscal year for compliance with the requirements of this Subsection. Baton Rouge shall
reimburse the system for such amounts no later than January fifteenth of the following
calendar year. Except in the event of disputed calculations that cause the following cap to be
exceeded, Baton Rouge shall not be required to reimburse the system for more than nine
hundred dollars, adjusted beginning in calendar year 2021 for the annual percentage increase
in the Consumer Price Index for all Urban Consumers for the calendar year immediately
preceding the system's current fiscal year, times the number of Baton Rouge police officers
for which an actuarial certification was made.
(6) Any delinquent payment due under this Subsection, including actuarial costs
associated with a benefit on disputed overtime, shall include interest at the assumed rate of
return used in the system's most recent valuation approved by the Public Retirement Systems'
Actuarial Committee and may otherwise be collected in the manner provided in R.S.
11:2227(D)(2).
(7) Notwithstanding any other provision of law to the contrary, compensation
described in Items (1)(e)(i) and (ii) of this Subsection shall constitute earnable compensation
under this Chapter if it is or was paid by Baton Rouge to an employee who was merged into
the system pursuant to Item (A)(11)(a)(ii) of this Section, and to whom one of the following
applies:
(a) The employee did not or does not obtain a refund of his accumulated
contributions.
(b) The employee obtained a refund of his accumulated contributions and, on or
before December 31, 2017, repaid them along with compounded interest at the
board-approved actuarial valuation rate thereon from the date of refund until the date that
such contributions were repaid in full.
(8) The system and Baton Rouge shall mediate any disputes under this Subsection
before any legal action is commenced by either party.

Legislative History

Acts 1973, No. 189, §1; Acts 1974, No. 389, §§1, 2; Acts 1975, No. 377, §1; Acts 1976, No. 603, §5; Acts 1977, No. 601, §1; Acts 1980, No. 796, §1; Acts 1981, No. 670, §1; Acts 1982, No. 585, §1; Acts 1984, No. 31, §1; Acts 1985, No. 776, §1, eff. Jan. 1, 1985; Acts 1987, No. 555, §1; Acts 1988, No. 9, §1; Acts 1988, No. 83, §2; Acts 1988, No. 84, §1; Acts 1988, 2nd Ex. Sess., No. 6, §3, eff. Oct. 31, 1988; Acts 1990, No. 49, §1; Acts 1990, No. 430, §1, eff. July 1, 1990; Redesignated from R.S. 33:2378 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1992, No. 262, §1; Acts 1993, No. 330, §1, eff. June 3, 1993; Acts 1995, No. 222, §1; Acts 1995, No. 867, §1; Acts 1995, No. 1030, §1, eff. June 17, 1995; Acts 1997, No. 23, §1; Acts 1997, No. 156, §1, eff. July 1, 1997; Acts 1997, No. 1227, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 15, §1, eff. April 24, 1998; Acts 1999, No. 1320, §1, eff. July 12, 1999; Acts 2007, No. 232, §1, eff. July 2, 2007; Acts 2008, No. 113, §1, eff. July 1, 2008; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2011, No. 238, §1, eff. June 30, 2011; Acts 2012, No. 511, §1, eff. June 5, 2012; Acts 2016, No. 621, §1, eff. June 17, 2016; Acts 2018, No. 345, §1, eff. June 30, 2018; Acts 2019, No. 92, §1, eff. June 4, 2019; Acts 2020, No. 124, §1, eff. July 1, 2020; Acts 2022, No. 360, §2, eff. June 30, 2022; Acts 2023, No. 108, §2, eff. July 1, 2023; Acts 2024, No. 673, §1, eff. July 1, 2024.