2018 Louisiana Laws
Revised Statutes
TITLE 11 - Consolidated Public Retirement
RS 11:2225.4 - Unfunded accrued liability; payment by employer
§2225.4. Unfunded accrued liability; payment by employer
A.(1) If any employer participating in the system fully dissolves its police department and contracts for police services with another entity, the employer shall remit to the system, beginning the July first immediately following the date of dissolution, that portion of the unfunded accrued liability existing on the June thirtieth immediately prior to the date of dissolution of the police department, attributable to such employer and calculated using the allocation percentage included in the prior fiscal year's employer pension report produced according to requirements established by the Governmental Accounting Standards Board. The amount due pursuant to the provisions of this Paragraph shall include interest at the system's valuation interest rate.
(2)(a) If a participating employer partially dissolves its police department, the employer shall be liable for a pro rata portion of the system's unfunded accrued liability. The portion shall be calculated by applying the percentage decrease in the salaries paid to participating employees by the employer on June thirtieth and salaries paid to participating employees by the employer as of June thirtieth of the prior year to the total payment that would have been required pursuant to the provisions of Paragraph (1) of this Subsection if the employer had fully dissolved its police department. Payments required pursuant to the provisions of this Paragraph shall include interest at the system's valuation interest rate.
(b) A participating employer shall be deemed to have partially dissolved its police department if either of the following occurs:
(i) The number of participating employees of the employer as of June thirtieth is less than seventy percent of the number of participating employees of the employer as of June thirtieth of the prior year and either the number of participating employees decreases by at least two or the number of participating employees is zero.
(ii) The number of participating employees of the employer as of June thirtieth is at least fifty fewer than the number of participating employees of the employer as of June thirtieth of the prior year.
B.(1) Any amount due pursuant to Subsection A of this Section shall be determined by the actuary employed by the system and shall be amortized over fifteen years in equal payments with interest at the system's valuation interest rate. Payments shall be payable beginning July first of the fiscal year following the withdrawal and 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 increase in participating employees and no further payments shall be due with respect to the withdrawal. Any payments made pursuant to this Section will be credited as an offset of any amounts due by the employer attributable to any subsequent withdrawal that occurs within fifteen years of the payments.
C.(1) If an employer fails to make a payment timely, the amount due shall be collected in any of the following manners:
(a) By action in a court of competent jurisdiction against the delinquent employer. The amount due shall include interest calculated at the system's actuarial valuation rate, compounded annually.
(b) The board may certify to the state treasurer all amounts attributable to the delinquent employer. In support of such certification, the board shall submit to the treasurer a resolution certifying the name of the delinquent employer, its failure to pay, and the amount owed and shall name a designee or designees to act on the board's behalf. Upon receipt of such certification, the treasurer shall deduct from monies payable to the certified delinquent party the certified amount due and shall remit such deducted amounts directly to the Municipal Police Employees' Retirement System.
(2) Notwithstanding any other 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.
D. For the purposes of this Section, the following terms shall have the following meanings:
(1) "Participating employee" shall mean an active member or participant in the Deferred Retirement Option Plan.
(2) "Withdrawal" shall mean the dissolution or partial dissolution of a police department as described in Subsection A of this Section.
Acts 2015, No. 43, §1, eff. June 5, 2015; Acts 2018, No. 586, §1, eff. July 1, 2018.
