SLS 26RS-451 ORIGINAL Regular Session ENROLLED SENATE RESOLUTION NO.

22 BY SENATOR FOIL MATRIMONIALA REGIMES.RESOLUTION To urge and request the Louisiana State Law Institute to study and recommend legislation relative to the division of retirement benefits of a former spouse in the partition of community property.

Requests the Louisiana State Law Institute to study and recommend legislation relative to the division of retirement benefits of a former spouse in the partition of community property.

A RESOLUTION To urge and request the Louisiana State Law Institute to study and recommend legislation relative to the division of retirement benefits of a former spouse in the partition of community property.

and WHEREAS,theLouisianaSupremeCourtinSimsv.Sims,358So.2d919(La.1978) determined in a partition of community assets following the dissolution of the community property regime as the result of a divorce, a divorced spouse has an interest in a former spouse's pensionrights, insofarasthebenefitsareattributabletoinsofarasthebenefitsareattributable to his employmentduringthe existence of the community;

and WHEREAS,theLouisianaSupremeCourtdeterminedthatthefollowingformulaby fraction, known as the "Sims Formula" is the proper formula to apply for the division of retirement benefits attributable to employment during the existence of the community, the Pagenumeratorofwhichistheyearsofcreditableserviceduringtheexistenceofthecommunity, 1divided by the denominator of 2which SLSis 26RS-451the ORIGINALtotal SRyears NO.of creditable service, multiplied by one-half;

22 numeratorofwhichis theyearsofcreditableserviceduringtheexistenceofthecommunity, divided by the denominator of which is the total years of creditable service, multiplied by one-half;

THEREFORE,Page BE1 IT RESOLVED that the Senate of the2 LegislatureSR ofNO. Louisiana does hereby urge and request the Louisiana State Law Institute to study and recommend legislation relative to the division of retirement benefits of a former spouse in the partition of community property as the result of a divorce.

22 ENROLLED THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana does hereby urge and request the Louisiana State Law Institute to study and recommend legislation relative to the division of retirement benefits of a former spouse in the partition of community property as the result of a divorce.

BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its findings and recommendations to the legislature on or before March 1, 2027.

BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit oneprintedcopyandoneelectroniccopyofanyreportproducedpursuanttooneprintedcopyandoneelectroniccopyofanyreportproducedpursuanttothis thisResolutionResolution to the David R.

ThePRESIDENT originalOF instrumentTHE andSENATE thePage following2 digest, which constitutes no part of the2 legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SR 22 Original 2026 Regular Session Foil Requests the Louisiana State Law Institute to study and recommend legislation relative to thedivisionofretirementbenefitsofaformerspouseinthepartitionofcommunityproperty.

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