Employees may opt out of membership in the applicable retirement system in limited cases, but enrollment, affidavit filing, and rejoining rules still apply.
§157. Firefighters' Retirement System; Municipal Police Employees' Retirement System; optional membership; refund of employee contributions; irrevocable election; reenrollment; membership verification information A.(1) Notwithstanding any other provision of law to the contrary, any employee as defined in R.S. 11:2213 or 2252 who is employed by any employer as defined in R.S. 11:2213 or 2252 which has its employees covered under the federal Social Security program and which has not previously and specifically excluded its police officers or firefighters from coverage under this federal program may elect not to be or elect not to become a member of the applicable retirement system; however, the employer shall enroll the employee in the applicable retirement system at the time of employment, and the employee shall remain enrolled until he fulfills the requirements set forth in Paragraph (C)(1) of this Section. Any employee who elects not to be a member of the applicable retirement system shall be refunded his employee contributions which have been received by the system, without interest for the period for which he contributed to the system. (2) Notwithstanding any other provision of law to the contrary, any employee as defined in R.S. 11:2213 who is employed on July 1, 2019, by any employer as defined in R.S. 11:2213 which entered into an agreement under 42 U.S.C. 418(b)(5) after June 30, 1973, and before January 1, 1990, and who is not a member of the Municipal Police Employees' Retirement System on July 1, 2019, may elect not to become a member of the retirement system. (a) All of the following shall apply to any employee described in this Paragraph who elects not to be a member of the retirement system: (i) Before such election can become valid, the employee shall execute and file with the retirement system, on or before September 30, 2019, an affidavit stating that his election not to be a member is of his own free will and is his own voluntary act and deed. (ii) The employee shall not be eligible to join the system while he is employed by the same employer or by any employer whose employees are covered under the federal Social Security program. An employee who returns to work with any employer whose employees are not covered under the federal Social Security program may not purchase credit for service for the period of time that he elected not to be a member pursuant to this Paragraph. (b) Any employee described in this Paragraph who does not file an affidavit described in Item (a)(i) of this Paragraph on or before September 30, 2019, shall be enrolled in the retirement system no later than October 1, 2019. B. However, if it is subsequently determined by the state of Louisiana and the federal Department of Health and Human Services that these employees are not eligible for coverage under the Social Security program or if their coverage is otherwise terminated, they shall, if they are otherwise eligible for membership, join the Firefighters' Retirement System or the Municipal Police Employees' Retirement System, whichever is applicable to their employment. C.(1) Any employee who elects not to become a member of the applicable retirement system set forth in Subsection A of this Section shall, before such election can become valid, execute and file with the retirement system an affidavit stating that his election not to be a member is of his own free will and is his own voluntary act and deed. (2) Any employee who files such an affidavit shall not be eligible to rejoin the system while he is employed by the same employer or by any other employer whose employees are covered under the federal Social Security program. An employee who returns to work with any other employer whose employees are not covered under the federal Social Security program may not purchase credit for service for the period of time that he elected not to be a member pursuant to Subsection A of this Section. D. For purposes of membership verification, the Department of Public Safety and Corrections may provide the Firefighters' Retirement System and the Municipal Police Employees' Retirement System with the name, address, and social security number of each recipient of state supplemental pay. Added by Acts 1983, No. 141, §1, June 24, 1983. Acts 1984, No. 32, §1; Acts 1991, No. 643, §1, eff. July 1, 1991; Redesignated from R.S. 42:697.15 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1993, No. 758, §1, eff. June 22, 1993; Acts 1999, No. 604, §1; Acts 2016, No. 79, §1, eff. May 11, 2016; Acts 2019, No. 288, §1; Acts 2020, No. 3, §1, eff. June 4, 2020.