2006 Louisiana Laws - RS 11:1503 — Definitions

§1503.  Definitions

As used in this Chapter, the following words and phrases shall have the meanings ascribed to them unless the context clearly indicates otherwise:

(1)  "Accumulated employee contributions" means the sum of all amounts deducted from a member's salary and paid to the fund.

(2)  "Board" means the board of trustees of the Clerks' of Court Retirement and Relief Fund.

(3)  "Designated beneficiary" means the person most recently designated in writing by a member to receive any benefits to which he may be entitled.

(4)  "Employee" means any regular employee of a clerk, minute clerk, and employees of the Louisiana Clerks of Court Association, the Louisiana Clerks' of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, who works more than an average of twenty hours per week. Any court reporter employed by either Orleans Parish or East Baton Rouge Parish who was enrolled in the fund on or before July 1, 2001, shall be allowed to remain in the fund as a member or active member of the fund and to become eligible to receive retirement benefits as required by law.

(5)  "Fund" means the Clerks' of Court Retirement and Relief Fund.

(6)  "Minor child" means a child who is less than the age of eighteen years or who is physically or mentally disabled, regardless of age, who is the issue of a marriage of the member or former member, the legally adopted child of a member or former member, the natural child of a female member or former member, or the child of a male member or former member if a court of competent jurisdiction has, during the lifetime of such male member or former member, issued an order of filiation declaring the paternity of such male member for the child.

(7)(a)  "Monthly average final compensation", for a member whose first employment making him eligible for membership in the system began on or before June 30, 2006, means the average of a member's monthly salary during the highest compensated thirty-six consecutive months or successive joined months if service was interrupted.  However, the salary to be considered for the middle twelve months may not exceed one hundred ten percent of the salary for the twelve months most distant in time from the date of retirement, and the salary to be considered for the most recent twelve months may not exceed one hundred twenty-one percent of the salary for the twelve months most distant in time from the date of retirement.

(b)  "Monthly average final compensation", for a member whose first employment making him eligible for membership in the system began on or after July 1, 2006, means the average of a member's monthly salary during the highest compensated sixty consecutive months or successive joined months if service was interrupted.  However, the salary to be considered for the thirteenth through the twenty-fourth month may not exceed one hundred ten percent of the salary for the first through the twelfth month.  The salary to be considered for the twenty-fifth through the thirty-sixth month may not exceed one hundred ten percent of the salary for the thirteenth through the twenty-fourth month.  The salary to be considered for the thirty-seventh through the forty-eighth  month may not exceed one hundred ten percent of the salary for the twenty-fifth through the thirty-sixth month.  The salary to be considered for the forty-ninth through the sixtieth month may not exceed one hundred ten percent of the salary for the thirty-seventh through the forty-eighth month.

(8)  "Salary" means the full rate of regular compensation paid to a member for the performance of his official duties, but shall not include bonuses, payment for accrued vacation, annual or sick leave, payment for overtime, terminal pay, severance pay, deferred salary, or any other type of irregular or nonrecurring payment.  It shall include salary supplement payments from the Clerks' Supplemental Compensation Fund as authorized by R.S. 13:761 and the expense allowance authorized by R.S. 13:782(H).

(9)  "Surviving spouse" means the spouse of a deceased member or former member who was married to and living with the deceased member or former member at the time of his death.

(10)  "System" means the Clerks' of Court Retirement and Relief Fund.

(11)  "Per-page transcription" payments means the amount a court reporter earns for each page of court proceeding that is transcribed, at the rate per page established by each district court.

Acts 1986, No. 1063, §1, eff. Oct. 1, 1986; Acts 1987, No. 395, §2; Acts 1991, 3rd E.S., No. 7, §1, eff. Aug. 1, 1991; Redesignated from R.S. 13:933 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1992, No. 157, §1, eff. July 1, 1992; Acts 1993, No. 337, §1, eff. July 1, 1993; Acts 1999, No. 109, §1, eff. July 1, 1999; Acts 2001, No. 739, §1, eff. July 1, 2001; Acts 2006, No. 780, §1, eff. June 30, 2006.

NOTE:  SEE SEC. 2 OF ACT 7 OF 1991 3RD E.S.

NOTE:  See Acts 2001, No. 739, §2, relative to credit for per-page transcription payments prior to July 1, 2001, and payment of costs thereof.