§3384. Firefighters employed after December 31, 1967; computation of benefits
A.
(1)Notwithstanding R.S. 11:3381, any firefighter who enters the employ of the
fire department after December 31, 1967, and on or before December 31, 2014, who has
reached the age of fifty years and who has not less than twelve years of service in the fire
department, and who is a contributing member of this system, may retire upon his written
application to the board setting forth at what time he desires to be retired, provided that, at
the time so specified for his retirement, he shall have met the requirements as provided in
this Section.
(2)Any firefighter who enters the employ of the fire department on or after January
1, 2015, and before August 15, 2016, who has reached the age of fifty-two years, who ha
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§3384. Firefighters employed after December 31, 1967; computation of benefits
A.(1) Notwithstanding R.S. 11:3381, any firefighter who enters the employ of the
fire department after December 31, 1967, and on or before December 31, 2014, who has
reached the age of fifty years and who has not less than twelve years of service in the fire
department, and who is a contributing member of this system, may retire upon his written
application to the board setting forth at what time he desires to be retired, provided that, at
the time so specified for his retirement, he shall have met the requirements as provided in
this Section.
(2) Any firefighter who enters the employ of the fire department on or after January
1, 2015, and before August 15, 2016, who has reached the age of fifty-two years, who has
not less than twelve years of service in the fire department, and who is a contributing
member of this system may retire upon his written application to the board setting forth at
what time he desires to be retired, if at the time so specified for his retirement he meets the
requirements as provided in this Section.
(3) Any firefighter who enters the employ of the fire department on or after August
15, 2016, who has reached retirement age as defined in 42 U.S.C. 416(l)(1), hereinafter in
this Part referred to as full retirement age, less ten years, who has not less than twelve years
of service in the fire department, and who is a contributing member of this system may retire
upon his written application to the board setting forth at what time he desires to be retired,
if at the time so specified for his retirement he meets the requirements provided in this
Section.
B.(1) If a firefighter employed by the fire department on or before December 31,
2014, has worked one or more hours of service after December 31, 1995, he shall receive a
retirement benefit equal to two and one-half percent of his average compensation based on
the five highest consecutive years of employment, multiplied by the number of years of
creditable service. If the member continues to remain a member of the system beyond twelve
years of service and such member attains the age of fifty, the retirement benefit for each year
or portion of a year beyond twelve years of service and after age fifty shall be an amount
equal to three and one-third percent of the average annual compensation for each year or
portion of a year. If the member continues service beyond thirty years, the retirement benefit
for each year or portion of a year beyond twelve years of service shall be an amount equal
to three and one-third percent of the average annual compensation for each year or portion
of a year. However, the retirement benefit shall not exceed a total of three and one-third
percent each year. The service benefits of such firefighter shall not exceed one hundred
percent of the average compensation earned during any five highest average consecutive
years of service preceding retirement.
(2) A firefighter who enters the employ of the fire department on or after January 1,
2015, and before August 15, 2016, shall receive a retirement benefit equal to two and three-quarters percent of his average compensation, based on the five highest consecutive years of
employment, multiplied by the number of years of creditable service. The service benefits
of such firefighters shall not exceed one hundred percent of the average compensation earned
during any five highest average consecutive years of service preceding retirement.
(3) A firefighter who enters the employ of the fire department on or after August 15,
2016, shall receive a retirement benefit equal to two and one-half percent of his average
compensation, based on the five highest consecutive years of employment, multiplied by the
number of years of creditable service. The service benefits of such firefighters shall not
exceed one hundred percent of the average compensation earned during any five highest
average consecutive years of service preceding retirement.
C. A firefighter who has not worked an hour of service after December 31, 1995,
shall receive a retirement allowance equal to two and one-half percent of his average salary
based on the highest five consecutive years multiplied by the number of years of creditable
service, not to exceed seventy-five percent and further provided that in the case of those
employees who remain in service beyond twelve years and who have reached the age of
fifty-five years, the percentage shall be three percent for all years over twelve, with a
maximum benefit of eighty percent.
D.(1) Any member who entered service after December 31, 1967, and on or before
December 31, 2014, whose withdrawal from service occurs prior to the attainment of age
fifty years and who shall at such time have completed at least twelve years of creditable
service, shall remain a member of the retirement system, and in such case said member shall
receive a service retirement beginning when he attains the age of fifty years.
(2) Any member who enters the employ of the fire department on or after January
1, 2015, and before August 15, 2016, whose withdrawal from service occurs prior to the
attainment of fifty-two years of age and who shall at such time have completed at least
twelve years of creditable service shall remain a member of the retirement system, and in
such case the member shall receive a service retirement beginning when he attains fifty-two
years of age.
(3)(a) Any member who enters the employ of the fire department on or after August
15, 2016, whose withdrawal from service occurs prior to the attainment of the full retirement
age, less ten years and who at that time has completed at least twelve years of creditable
service shall remain a member of the retirement system and receive a service retirement
calculated as provided in Paragraph (B)(3) of this Section beginning when he attains the full
retirement age, less ten years.
(b) If a member with twelve years of creditable service dies after withdrawal from
service but prior to attaining the full retirement age, less ten years, his widow, child or
children, or estate, as applicable, shall receive his accumulated contributions in a lump sum
with interest credited thereto. If a member receiving benefits pursuant to Subparagraph (a)
of this Paragraph dies, his spouse and children shall receive a benefit as provided in R.S.
11:3386(B)(2).
E. Any employee of the fire department who was employed before January 1, 1968,
and who is a contributing member of this system, may elect to come under the provisions of
this Part which applies to members of the fire department employed after December 31,
1967, provided that such election shall be submitted in writing to the board of trustees, and
provided further that such member shall not be eligible for any benefits under this new
system for at least four years after June 26, 1967, unless he will have attained the age of fifty
years; in such event the employee shall be refunded that portion of his contributions to the
old system which were derived from overtime earnings.
F. On account of each member who comes under the provisions of this Section
applying to persons employed after December 31, 1967, either because of date of
employment or due to election as provided herein, there shall be paid annually by the city and
credited to the pension accumulation account a certain percentage of the earnable
compensation of each member, to be known as the "normal contributions", and an additional
percentage of this earnable compensation to be known as the "accrued liability contribution".
The percentage rates of such contribution shall be fixed on the basis of the liabilities of the
retirement system as shown by actuarial valuation.
G. All such contributions shall, in addition to the contributions made by the member,
be invested in accordance with the laws set forth in this Part and shall be maintained in a
fund separate from all other funds held for any other purpose. All retirements of members
employed after December 31, 1967, or members who elect to come under the provisions of
this Part shall be paid from this fund. The only withdrawals from the fund described in this
Part are those withdrawals made necessary to pay the benefits granted herein.
H. Should the employee employed after December 31, 1967, die before having
served twelve years, and not be on a disability pension or retirement, his named beneficiary
will be entitled to benefits under R.S. 11:3378(A)(1) and (2) and (B), provided there is no
refund of his contributions.
NOTE: See Acts 2013, Nos. 296, §2 and 298, §2, regarding calculation of
benefits for persons retiring or entering DROP from July 1, 2013 through
June 30, 2014.