To: Heads of State Agencies and Human Resource Directors

Subject: Reinterpretation Of Act 130 Of 1995 Legis. Session

Issue Date: November 29, 1995

To help implement Act 130 of the 1995 Regular Legislative Session, and in accordance with Attorney General Opinion Number 95-331, this Department has been freezing all positions vacated by members of the Louisiana State Employees Retirement System retiring effective June 12, 1995 through January 1, 1996. Attorney General Opinion Number 95-331-A, issued November 21, 1995, recalls part of Opinion Number 95-331 and amends the interpretation of Act 130. This latest opinion states that "the restrictions of Act 130 of 1995 regarding the abolishment and subsequent re-establishment of vacated positions apply only to retirements effected pursuant to the early retirement provisions of the act...." It further notes that "those persons eligible for early retirement, Section 3 of the act, can be summarized as follows:

Any person who was an active member of LASERS on April 25, 1995 and on June 12, 1995, and who is ineligible for retirement under LASERS, but:

(1) who will have at least 10 years of credited service, exclusive of any military service credit, and who is 50 years old by January 1, 1996;

(2) who will have at least 25 years of credited service by January 1, 1996, regardless of age."

As soon as we identify the positions vacated in accordance with these provisions, we shall modify the AM45 Position Control database to reflect compliance with Attorney General Opinion Number 95-331-A. This means that only those positions vacated by LASERS members retiring under the early retirement provisions of Act 130, and not since reinstated by the Commissioner of Administration and Director of Civil Service, will remain frozen.@

@ Please note that positions frozen for reasons unrelated to implementation of Act 130 are unaffected by this opinion and will remain frozen.

Sincerely,

Herbert L. Sumrall
Director