2006 Louisiana Laws - RS 11:162 — Classes of employees not eligible for membership

§162.  Classes of employees not eligible for membership

A.  The provisions of this Section shall apply to the Louisiana State Employees' Retirement System, the Teachers' Retirement System of Louisiana, the State Police Pension and Retirement System, and the Louisiana School Employees' Retirement System.

B.  Any other provision of law notwithstanding, as of July 1, 1991, any employee who is a part-time, seasonal, or temporary employee as defined in 26 CFR 31:3121(b)(7)-2, or in any successor regulation, shall not be or become a member of any system to which this Section applies, except as provided for in Subsection C of this Section.

C.(1)  Except as provided in this Subsection, membership shall be required for a part-time, seasonal, or temporary employee as defined in 26 CFR 31:3121(b)(7)-2, or in any successor regulation, who on July 1, 1991, or thereafter, has or earns ten or more years of creditable service in his current system.

(2)(a)  For purposes of this Paragraph, the Board of Elementary and Secondary Education shall promulgate rules in conformity with the Administrative Procedure Act, R.S. 49:950 et seq., to be reviewed by the House and Senate Committees on Retirement, defining "classroom teacher".

(b)  Membership shall be required for a part-time, seasonal, or temporary classroom teacher who has or earns five or more years of creditable service in the Teachers' Retirement System of Louisiana.

NOTE: SUBSECTION D AS ENACTED BY ACTS 1992, NOS. 91 AND 267, §1, EFFECTIVE IF, AS, AND WHEN THE CONGRESS OF THE UNITED STATES PROVIDES AN EXEMPTION TO THE DEFINITION OF PART-TIME, SEASONAL, OR TEMPORARY EMPLOYEES CONTAINED IN 26 CFR 31:3121(b)(7)-2 OR FOR SUCH EMPLOYEES IN SUBPARAGRAPH (F) OF SECTION 210(a)(7) OF THE SOCIAL SECURITY ACT (42 U.S.C. 410(a)(7)) OR IN ANY OTHER APPLICABLE PROVISION OF FEDERAL LAW.

D.  Notwithstanding any other provision of this Section or of any other law to the contrary, any employee of the Louisiana School Employees' Retirement System who is classified or characterized as a part-time, seasonal, or temporary employee shall be exempt from the provisions of this Section.

E.(1)  Notwithstanding any provision of law to the contrary, no person employed in a position in an unclassified health care professional employee pool established pursuant to R.S. 17:1519.16 shall be or become a member of any system to which this Section applies.

(2)  The employer shall notify each person being employed in a position in an unclassified health care professional employee pool of his ineligibility for membership in any system to which this Section applies.  Each person employed in a position in an unclassified health care professional employee pool shall sign an affidavit acknowledging his ineligibility for membership in any such system and stating that he has full knowledge that he is never to receive any retirement service credit for time worked in a position in an unclassified health care professional employee pool.

Acts 1991, 3rd Ex. Sess, No. 6, §1, eff. July 1, 1991; Redesignated from R.S. 42:697.19 by Acts 1991, No. 74, §5, eff. June 25, 1991; Acts 1992, No. 91, §1; Acts 1992, No. 267, §1; Acts 1997, No. 104, §1, eff. July 1, 1997; Acts 2003, No. 640, §1, eff. July 1, 2003; Acts 2005, No. 223, §1, eff. July 1, 2005.