2004 LEGISLATIVE UPDATES

ACT NO. 264 (House Bill No. 949 by Representative Fannin) amended the plan to
allow certain persons to opt out of otherwise mandatory participation in the retirement system. The provisions of this Act shall apply only to mayors who are in office on the effective date of
this Act. Any mayor who, at the time of his taking office in a position which would otherwise
mandate his membership in the system, is receiving a retirement benefit from any source whatsoever other than this system and who is over the age of sixty five shall not be required to participate in the system. No employee contributions shall be made by a mayor who elects not to participate pursuant to this Act, nor shall his employer make employer contributions to the system. The election not to participate shall be made and communicated to the system within thirty days after the effective date of this Act. No employee contributions shall be made by a mayor who elects not to participate pursuant to this Act, nor shall his employer make employer contributions to the system. Any mayor who is a member of the system on the effective date of this Act who has been paying employee contributions and who meets the criteria for electing not to participate in the system contained in this Act may choose to terminated membership in the system and may apply for a refund of his employee contributions immediately as otherwise provided for in this Act. Any mayor who withdraws his contributions or who chooses not to become a member of the system under the provisions of this Act who later wishes to receive credit for such service in this or any other system in this Title shall pay to such system an amount sufficient to offset any additional liability to the system, calculated on an actuarial basis in accordance with R.S.11:158C). Notwithstanding any provision of this Act, anyone, regardless of age who is receiving a retirement benefit from this system who again becomes employed in a position which would otherwise make him a mandatory participant, shall be subject to the provisions in this chapter relating to the re employment of retirees.