Louisiana Revised Statutes 11:836 – Amendment
Terms Used In Louisiana Revised Statutes 11:836
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Board of trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
- Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
- Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
- Retirement system: means the Teachers' Retirement System of Louisiana as defined in Louisiana Revised Statutes 11:701
- Statute: A law passed by a legislature.
A. The provisions of the retirement system established by La. Rev. Stat. 11:702 may be amended by action of the legislature in the same manner as any other statute may be amended by the legislature. In addition, action of the board with respect to the payment of cost-of-living adjustments, as provided in La. Rev. Stat. 11:771, 774, and 775; with respect to the payment of employee contributions, as provided in La. Rev. Stat. 11:872 or La. Rev. Stat. 11:154; and with respect to actuarial assumptions, as provided in La. Rev. Stat. 11:834, shall be considered amendments to the provisions of the retirement system.
B. No amendment to this retirement system shall operate to deprive any member of a benefit to which he is already entitled. In the case of any merger or consolidation with, or transfer of assets or liabilities to, any other retirement system, each member in the retirement system would (if the retirement system is then terminated) receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately before the merger, consolidation, or transfer (if the retirement system had then terminated).
C. Upon the termination or partial termination of the retirement system or upon the discontinuance of contributions by the employer without formal termination of the retirement system, the board of trustees shall reevaluate and redetermine the benefit of each member, and the entire benefit of each member may be paid or commence to be paid and distributed to such member, or in the case of his death before such distribution, to the beneficiary or beneficiaries designated by such member, or may be held until payment otherwise due under the provisions of the retirement system. A member’s right to his benefit is not conditioned upon a sufficiency of plan assets in the event of termination.
Acts 1987, No. 591, §1; Redesignated from La. Rev. Stat. 17:662 by Acts 1991, No. 74, §3, eff. June 25, 1991.