Amendment vs bill House Committee Amendment, #2524, RET, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HCAHB42 4267 2524 HOUSE COMMITTEE AMENDMENTS Regular Session Amendments proposed by House Committee on Retirement to Original House Bill No.
42 BY REPRESENTATIVES BACALA, ADAMS, BOUDREAUX, BROUSSARD, CARPENTER, WILFORD CARTER, EDMONSTON, FREEMAN, FREIBERG, DANAHENRY,MIKEJOHNSON,LAFLEUR,MARCELLE,MILLER,MOORE, MURRAY, STAGNI, TAYLOR, AND WYBLE AN ACT To amend and reenact R.S.
42 by Representative Bacala AMENDMENT NO.
11:927(B)(2)(c)(i) and (d) and (F)(2) and to enact R.S.
1 On page 1, line 2, after "R.S.
11:791 and 927(B)(2)(b)(iii)and R.S.
11:791" delete the comma "," and insert "and R.S.
17:3357, relative to the Teachers'Retirement System of Louisiana;
17:3357," AMENDMENT NO.
to provide for the creation of and participation in a phased retirement program;
2 On page 1, line 6, after "fees;" and before "and" insert the following:
to provide relative to benefits;
"toauthorizeeachpublicpostsecondaryeducationmanagementboardtodevelopand implement a phased retirement program;
to provide relative to participant and employer contributions;
to provide that such program is subject to board policy;
to provide relative to the payment of certain administrative fees;toauthorizeeachpublicpostsecondaryeducationmanagementboardtodevelop andimplementaphasedretirementprogram;toprovidethatsuchprogramissubject to board policy;
to provide for implementation;
to provide for implementation;" AMENDMENT NO.
and to provide for related matters.
3 On page 1, line 15, after "his" and before "institution" insert "public postsecondary education" AMENDMENT NO.
Notice of intention to introduce this Act has been published as provided by Article X, Section 29(C) of the Constitution of Louisiana.
4 On page 2, between lines 26 and 27, insert the following:
Be it enacted by the Legislature of Louisiana:
"Section 2.
Section 1.
11:927(B)(2)(c)(i) and (d) and (F)(2) are hereby amended and reenacted and R.S.
11:791 and 927(B)(2)(b)(iii) are herebyenacted to read as follows:
§791.
Phased retirement program A.
Anymemberofthis systemwhoqualifiesforphasedretirementpursuant to the policy governing his public postsecondary education institution and who has been approved for participation in a phased retirement program in accordance with such policy shall apply for retirement as otherwise provided in this Chapter.
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HB NO.
42 ENROLLED B.
For the duration of his participation in the employer's phased retirement program, the participant shall receive a reduced retirement benefit.
This reduced retirement benefit shall be based on the full regular benefit amount for which he wouldhavebeeneligibleatthecommencementofhisparticipationintheemployer's phased retirement program, reduced by the percentage of work effort to be performed by the participant as set forth in the approved documents governing his participation in his employer's phased retirement program.
Upon completion of participationintheemployer'sphasedretirementprogram,theparticipantshallbegin receiving his full regular retirement benefit.
C.
During the time that a participant receives a benefit pursuant to this Section, the participant and the employer shall not pay contributions to the defined benefit plan, and the participant's benefit, average compensation, and creditable service shall remain fixed as they existed on the date of commencement of participation in his employer's phased retirement program.
D.
The employer of any participant in a phased retirement program shall notify the system of the terms of the participant's phased retirement, including the start date, length of the phased retirement, final termination date, and percentage of work effort to be performed bythe participant.
The employer and participant shall notify the system upon the completion or termination of the phased retirement program.
* * * §927.
Contributions * * * B.(1) * * * (2)(a) * * * (b) Beginning July 1, 2018, each constitutionally established board which manages public postsecondaryeducation institutions and each employer institution and agency under its supervision and control shall contribute to the Teachers' Page 2 of 5 CODING:
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HB NO.
42 ENROLLED Retirement System of Louisiana on behalf of each participant in the optional retirement plan the sum of:
* * * (iii) BeginningJuly1,2026,anamountequaltooneandeight-tenthspercent of pay, subject to appropriation.
The Board of Regents shall notify the Teacher's RetirementSystemofLouisianawhetherornotfundshavebeenappropriatedforthis purpose by the beginning of each fiscal year.
(c)(i) Eachboardmayestablishbyresolutionanamountinexcessofthesum of the amounts required by Items (b)(ii) and (iii) minimum required by Item (b)(ii) of this Paragraph.
The amount established shall be the same for all employer institutions and agencies under each board's supervision and control and shall be effective for an entire fiscal year.
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* * * (d) Upon receipt of this contribution, the Teachers' Retirement System of Louisiana shall promptly pay over to the appropriate designated company or companies an amount equal to the amount established by the applicable board pursuant to Subparagraph (c) of this Paragraph or the sum of the amounts required by Items (b)(ii) and (iii) minimum required by Item (b)(ii) of this Paragraph, whichever is greater.
* * * F.
* * * (2)(a) The employer's share of the monthly fee shall be the balance remaining after payment of the participant's share.
(b) Notwithstanding any provision of Paragraph (1) of this Subsection, beginning July 1, 2027, the employer shall pay the full amount of the monthly fee.
Section 2.
R.S.
Each public postsecondary education management board may develop and implement a phased retirement program, referred to in this Section as a Page 3 of 5 CODING:
Each public postsecondary education management board may develop and implement a phased retirement program, referred to in this Section as a "program", for institutions underits managementandsupervisionforthepurposeof supporting faculty and staff recruitment and retention, facilitating institutional knowledge transfer, and promoting strategic succession planning.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
42 ENROLLED "program", forinstitutions underits managementandsupervisionfor the purpose of supporting faculty and staff recruitment and retention, facilitating institutional knowledge transfer, and promoting strategic succession planning.
If a management board opts to exercise its authority, it shall adopt a policyfor this purpose which shall address the specificoperational and institutional needsoftheapplicablesystem and institutions and provide for, at a minimum, all of the following:
If a management board opts to exercise its authority, it shall adopt a policyfor this purpose which shall address the specific operational and institutional needs of theapplicablesystem andinstitutions and provide for, at a minimum, all of the following:
(3) Anemployeeparticipationperiodofnotlessthantwelvemonthsandnot more than thirty-six months.
(3) Anemployeeparticipationperiodofnot lessthantwelvemonthsandnot more than thirty-six months.
(6) A requirement for formal written acknowledgment by the employee of all program terms and conditions.
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HB NO.
HCAHB42 4267 2524 (6) A requirement for formal written acknowledgment by the employee of all program terms and conditions.
42 ENROLLED (7) Provisions governing the reemployment following completion of participationintheprogram,includingadefinedwaitingperiodasestablishedbythe policy.
(7) Provisions governing the reemployment following completion of participationintheprogram,includingadefinedwaitingperiodasestablishedbythe policy.
Each management board mayadopt a program policyas provided in this SectionpriortoJuly1,2027,butshallnotbeginactualimplementationofaprogram prior to that date.
Each management board mayadopt a program policyas provided in this SectionpriortoJuly1,2027,butshallnotbeginactualimplementation ofaprogram prior to that date.
Nothing in this Section shall be construed to prohibit a management board, in addition to the policyprovided for in this Section, from adoptingguidance or implementation measures with respect to a phased retirement program that are consistent with the provisions of this Section and other applicable law.
Nothing in this Section shall be construed to prohibit a management board, in addition to the policyprovided for in this Section, from adoptingguidance or implementation measures with respect to a phased retirement program that are consistent with the provisions of this Section and other applicable law." AMENDMENT NO.
Section 3.
5 On page 2, at the beginning of line 27, change "Section 2." to "Section 3." Page 2 of 2 CODING:
The cost of this Act, if any, shall be funded with additional employer contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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