Boards may adopt a plan to shelter employee retirement contributions from gross income tax treatment, and the employer must pay the employee’s share to the retirement system.
§154. Tax sheltering of employee contributions to retirement A. The provisions of this Section shall be applicable to the following public retirement systems and pension funds: (1) Louisiana State Employees' Retirement System. (2) Louisiana State Police Retirement System. (3) Louisiana School Employees' Retirement System. (4) Louisiana School Lunch Employees' Retirement System. (5) Louisiana Teachers' Retirement System. (6) Assessors' Retirement Fund. (7) Clerks' of Court Retirement and Relief Fund. (8) District Attorneys' Retirement System. (9) Municipal Employees' Retirement System of Louisiana. (10) Parochial Employees' Retirement System of Louisiana. (11) Registrar of Voters Employees' Retirement System. (12) Sheriffs' Pension and Relief Fund. (13) Municipal Police Employees' Retirement Systems. (14) Firefighters' Retirement System. (15) Harbor Police Retirement System (Port of New Orleans). B. Each board may adopt a plan whereby the employee's contributions to the retirement system shall not be included in the employee's gross income for computation of the taxes under the provisions of the United States Internal Revenue Code. The plan shall provide that the employer pay the employee's share of the contributions directly to the retirement system. The contributions shall be treated as employer contributions only for the purposes of the Internal Revenue Code. C. After the adoption of the plan by the board, the employer shall pay the amount of the contribution by a reduction in the salary of the employee or an offset against future salary or a combination of both. These funds shall be paid from the same source of funds which is used in paying earnings to the employee. The employee's participation in the plan shall not be optional. D. Repealed by Acts 1997, No. 689, §2, retroactive to Jan. 1, 1993. E. Any deductions from an employee's gross income, during the highest thirty-six consecutive months of employment prior to retirement, for purposes of tax sheltering said deductions under the provisions of this Section shall be included in the base from which retirement benefits are to be computed for the purposes of ascertaining an employee's average compensation. Added by Acts 1982, No. 843, §1, eff. Aug. 4, 1982; Redesignated from R.S. 42:697.12 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1997, No. 689, §2, retroactive to Jan. 1, 1993; Acts 1998, 1st Ex. Sess., No. 97, §1, eff. May 5, 1998; Acts 2012, No. 227, §1.