Amendment vs bill House Floor Amendment, #3648, Bacala, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
HFAHB1237 4267 3648 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Bacala to Engrossed House Bill No.
1237 (Substitute for House Bill No.
1237 by Representative Bacala AMENDMENT NO.
49 by Representative Bacala) BY REPRESENTATIVES BACALA AND FREEMAN AN ACT To amend and reenact R.S.
1 On page 1, line 2, after "R.S.
11:157(C)(1), 2225.4(B), (C)(2), and (D), 2227(D)(2), and 2262.1(A),(B),and(D)(introductoryparagraph), to enactR.S.
11:157(C)(1)," insert "2225.4(B), (C)(2), and (D), and" AMENDMENT NO.
11:2262.1(D)(3)and (4) and (E), and to repeal R.S.
2 On page 1, delete line 3 in its entirety and insert "and (4) and (E), and to repeal R.S.
11:2225.4(A)(2), relative to the Municipal Police Employees' Retirement System and the Firefighters' Retirement System;
11:2225.4(A)(2), relative to the Municipal" AMENDMENT NO.
to provide relative to membership in the systems;
3 On page 1, line 15, after "R.S.
to provide for recovery of delinquent payments;
11:157(C)(1)," insert "2225.4(B), (C)(2), and (D), and" AMENDMENT NO.
to provide relative to partial dissolution of a police department or a fire department;
4 On page 1, line 16, after "and" delete "R.S.
to provide relative to the payment of unfunded accrued liability by employers;to provideforcertaindeterminations;to providefortimingofpayments;
11:2262.1(D)(3) and (4)" and insert "R.S.
to provide for definitions;
11:2262.1(D)(3) and (4) and (E)" AMENDMENT NO.
to provide relative to employer contributions;
5 On page 2, line 5, after "deed." delete "The" and insert "For an employee as defined in R.S.
to provide for effectiveness;
11:2213, the" AMENDMENT NO.
and to provide for related matters.
6 On page 2, delete lines 8 through 29 in their entirety and delete pages 3 and 4 in their entirety and on page 5, delete lines 1 through 3 in their entirety and insert the following:
Notice of intention to introduce this Act has been published as provided by Article X, Section 29(C) of the Constitution of Louisiana.
"§2225.4.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
11:157(C)(1), 2225.4(B), (C)(2), and (D), 2227(D)(2), and 2262.1(A),(B),and(D)(introductoryparagraph)areherebyamendedandreenactedandR.S.
11:2262.1(D)(3) and (4) and (E) are herebyenacted to read as follows:
§157.
Firefighters' Retirement System;
Municipal Police Employees' Retirement System;optionalmembership;refundofemployeecontributions;irrevocable election;
reenrollment;
membership verification information * * * Page 1 of 7 CODING:
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HB NO.
1237 ENROLLED C.(1) Any employee who elects not to become a member of the applicable retirementsystemsetforthinSubsectionAofthisSectionshall,beforesuchelection can become valid, execute and file with the retirement system an affidavit stating that his election not to be a member is of his own free will and is his own voluntary act and deed.
For an employee as defined in R.S.
11:2213, the affidavit shall be signed and notarized bythe chief of police or mayor of the employing municipality.
* * * §2225.4.
Such payments shall be payable to the system electronicallybeginning Julyfirst of the second fiscal year following the determination bythe actuaryand in the same manner as regular payroll payments to the system.
Such payments shall be payabletothesystem electronicallybeginning Julyfirst of the second fiscal year following the determination bythe actuaryand in the same manner as regular payroll payments to the system.
(2) If the number of participating employees of an employer subject to Paragraph (A)(2) of this Section returns to at least the number of participating employees as of the June thirtieth immediately preceding the withdrawal, the payments required by this Section shall cease on the July first following the determinationbytheactuarythatasufficientincreaseinparticipatingemployeeshas occurred, and no further payments shall be due with respectto the withdrawal.
(2) If the number of participating employees of an employer subject to Paragraph (A)(2) of this Section returns to at least the number of participating employees as of the June thirtieth immediately preceding the withdrawal, the payments required by this Section shall cease on the July first following the determinationbytheactuarythatasufficientincreaseinparticipatingemployeeshas occurred, and no furtherpayments shall be due with respect to the withdrawal.
Any paymentsmadepursuanttothisSectionshallbecreditedasanoffsetofanyamounts due by the employer attributable to any subsequent withdrawal that occurs within fifteen years of the payments.
Any paymentsmadepursuanttothisSectionshallbecreditedasanoffsetofanyamounts Page 1 of 4 CODING:
C.
* * * Page 2 of 7 CODING:
HB NO.
HFAHB1237 4267 3648 due by the employer attributable to any subsequent withdrawal that occurs within fifteen years of the payments.
1237 ENROLLED (2) Notwithstanding anyother provision of law to the contrary, the board of trustees shall not collect any payments due from an employer for any partial dissolution that occurred prior to July 1, 2018.
C.
* * * (2) Notwithstanding anyother provision of law to the contrary, the board of trustees shall not collect any payments due from an employer for any partial dissolution that occurred prior to July 1, 2018.
* * * §2227.
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Method of financing * * * D.
Pension accumulation fund:
The pension accumulation fund shall be the fund in which shall be accumulated all reserves for the payment of all pension and benefits payable from contributions made by employers.
Contributions to and payments from the pension accumulation fund shall be made as follows:
* * * (2)Delinquentpayments dueunderR.S.11:2227(B)(1)and2227(D)(1)may be recovered through either of the following actions:
(a) Upon certification to the state treasurer and written notice to the municipality by the director that a municipality's monthly report and payment of contributions is delinquent, the state treasurer shall deduct the amount of the delinquentcontributionsfromanymoniesthenavailablefordistributiontoorforthe benefit of that municipality and shall transmit said amount directly to the board of trustees of the retirement system.
Upon making such a deduction, the state treasurer shall immediatelynotifythe municipalitythat the deduction has been made and that the funds availablefor distribution to it are reduced accordingly.
In like manner, the Page 3 of 7 CODING:
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1237 ENROLLED director of the system, upon receipt of said funds, shall credit such funds to the proper account affected therebyand shall notify the municipality thereof;
or (b) Through an action initiated in a court of competent jurisdiction against the political subdivision or instrumentality liable therefor together with interest charged at the legal rate computed from the date the payment became delinquent.
payment by employer A.(1)(a) Ifanemployerfullydissolvesitsfiredepartment,theemployershall remit to the system, beginning the first July immediately following the date of dissolution, that portion of the unfunded accrued liabilityexisting on the thirtieth of June immediately prior to the date of dissolution of the fire department that is attributabletosuchemployerandcalculatedusingtheallocationpercentageincluded inthepriorfiscalyear'semployerpensionreportproducedaccordingtorequirements established by the Governmental Accounting Standards Board.
payment by employer A.(1)(a) Ifanemployerfullydissolvesitsfiredepartment,theemployershall remit to the system, beginning the first July immediately following the date of dissolution, that portion of the unfunded accruedliabilityexisting on the thirtieth of June immediately prior to the date of dissolution of the fire department that is attributabletosuchemployerandcalculatedusingtheallocationpercentageincluded inthepriorfiscalyear'semployerpensionreportproducedaccordingtorequirements established by the Governmental Accounting Standards Board.
The portion shall be calculated by applying the percentage decrease in the salaries paid to participating employees by the employer on the thirtieth of June and salaries paid to participating employees by the employer as of the thirtieth of June of the prior year to multiplying the total payment that would have been required pursuant to the provisions of Paragraph (1) of this Subsection if the employer had fullydissolved its fire department.
The portion shall be calculated by applying the percentage decrease in the salaries paid to participating employees by the employer on the thirtieth of June and salaries paid to participating employees by the employer as of the thirtieth of June of the prior year to multiplying the total payment that would have been required pursuant to the provisions of Paragraph (1) of this Subsection if the employer had fullydissolved its firedepartment.
Payments requiredpursuant to the provisions of this Paragraph shall include interest at the system's valuation interest rate.
by the ratio of the difference between the fiscal year's base employee Page 4 of 7 CODING:
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1237 ENROLLED count and the fiscal year's participating employee count to the prior fiscal year's participating employee count.
by the ratio of the difference between the fiscal year's base employee count and the fiscal year's participating employee count to the prior fiscal year's participating employee count.
Payments required pursuant to the provisions of this Paragraph shall include interest at the system's valuation interest rate.
(i) The number of participating employees of the employer participating employer count as of the thirtieth of June is less than seventy percent of the base employee count rounded down to the nearest whole number, and the difference between the base employee count and the participating employee count is at least three number of participating employees of the employer on the thirtieth of June of the prior yearand either the number of participatingemployees decreasesbyat least three or the number of participating employees is zero.
(i) The number of participating employees of the employer participating employer count as of the thirtieth of June is less than seventy percent of the base employee count rounded down to the nearest whole number, and the difference between the base employee count and the participating employee count is at least three number of participating employees of the employer on the thirtieth of June of Page 2 of 4 CODING:
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HFAHB1237 4267 3648 the prior yearand either the number of participatingemployees decreasesbyat least three or the number of participating employees is zero.
(2)(a) Ifthenumberofparticipatingemployeesparticipatingemployeecount of an employer subject to Paragraph (A)(2) of this Section returns to at least the numberof participatingemployees asofthethirtieth ofJuneimmediatelypreceding Page 5 of 7 CODING:
(2)(a) Ifthenumberofparticipatingemployeesparticipatingemployeecount of an employer subject to Paragraph (A)(2) of this Section returns to at least the numberof participatingemployees asofthethirtieth ofJuneimmediatelypreceding the withdrawal, base employee count for the fiscal year of partial dissolution, the payments required by this Section shall cease on the first of July following the determinationbytheactuarythatasufficientincreaseinparticipatingemployeeshas occurred,andnofurtherpaymentsshallbeduewithrespecttothewithdrawal.partial dissolution.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HB NO.
1237 ENROLLED the withdrawal, base employee count for the fiscal year of partial dissolution, the payments required by this Section shall cease on the first of July following the determinationbytheactuarythatasufficientincreaseinparticipatingemployeeshas occurred,andnofurtherpaymentsshallbeduewithrespecttothewithdrawal.partial dissolution.
Forthepurposesofthis Section,the following terms shall mean have the following meanings:
For the purposes of this Section, the following termsshall meanhavethe following meanings:
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E.
For the purposes of this Section, the unfunded accrued liability shall be determined using the level percentage of payroll entryage normal actuarial accrued liability." Page 3 of 4 CODING:
HB NO.
HFAHB1237 4267 3648 AMENDMENT NO.
1237 ENROLLED E.
7 On page 5, line 4, after "Section 2." delete "R.S.
For the purposes of this Section, the unfunded accrued liability shall be determined using the level percentage of payroll entryage normal actuarial accrued liability.
11:2225.4(A)(2)(a) and (b) are hereby repealed in their" and insert "R.S.
Section 2.
11:2225.4(A)(2) is hereby repealed in its" Page 4 of 4 CODING:
R.S.
11:2225.4(A)(2) is hereby repealed in its entirety.
Section 3.
This Act shall become effectiveupon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governor and subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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