2009 Louisiana Laws TITLE 11 Consolidated public retirement :: RS 11:442 Application for retirement; effective date; cancellation; suspension of benefits

§442.  Application for retirement; effective date; cancellation; suspension of benefits

A.  An application for retirement shall be considered officially filed with the board when received in the office of the director.

B.  Retirement benefits shall become effective as of the date the application for retirement is filed in the office of the director or the day after the member terminates from the state service, whichever is later.

C.  Any member may cancel his application for retirement prior to the effective date of said retirement.  However, a member cannot cancel his application for retirement on or after the effective date of retirement.

D.(1)(a)  A retiree may request immediate suspension of his retirement benefit effective upon the date of his retirement or thereafter.  In such case, membership in the system shall cease effective upon the date of retirement; however, the system shall pay the retiree no retirement benefit for the period of suspension of benefits.  The retiree may request the termination of such a suspension of benefits and the system shall pay the retiree a retirement benefit effective beginning on the date of such termination of suspension of benefits.

(b)  In order for a suspension of benefits under this Paragraph to be effective, the system may require a spousal waiver of benefits which holds the system harmless for such suspension of benefits.

(2)  A retiree whose benefits have been suspended, upon termination of suspension of benefits as authorized in Paragraph (1) of this Subsection, may engage in employment which otherwise would render him eligible for membership in the system, subject to the provisions of R.S. 11:416.  However, if such a retiree is reemployed under Option 2 as provided in R.S. 11:416, the retiree shall not be required to pay the system an amount equal to suspended benefits or any interest thereon.

Acts 1972, No. 135, §1, eff. July 26, 1972; Redesignated from R.S. 42:573 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 2007, No. 252, §1, eff. July 1, 2007.