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GENERAL PROVISIONS 

Name, Powers and Privileges, and Establishment of the System – (See R. S. 11:1501 – R. S. 11:1502)

 The retirement system has the power and privileges of a corporation and is known as the “Clerks’ of Court Retirement and Relief Fund.”  The system is administered and managed by a board of trustees for the purpose of providing regular, disability, and survivor benefits for clerks of court, their deputies and other employees, and the beneficiaries of the clerks of court, their deputies, and other employees.

 Definitions – (See R. S. 11:1503)

 Unless a different meaning is plainly required by the context, the following words and phrases as used in the statutes have the following meanings:

 "Accumulated employee contributions" means the sum of all amounts deducted from a member's salary, paid to the fund, and credited to the individual employee’s account in the fund.

 "Board" means the board of trustees of the Clerks' of Court Retirement and Relief Fund.

 "Designated beneficiary" means the person most recently designated in writing by a member to receive any benefits to which a beneficiary may be entitled.

 "Employee" means any regular employee of a clerk, minute clerk, and employees of the Louisiana Clerks of Court Association, the Louisiana Clerks' of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, who works more than an average of twenty hours per week. Additionally, court reporters who were employed by either Orleans Parish or East Baton Rouge Parish, and were enrolled in the fund on or before July 1, 2001, are allowed to remain in the fund as members of the fund and to become eligible to receive retirement benefits as required by law. 

 "Fund" means the Clerks' of Court Retirement and Relief Fund.

 "Minor child" means a child who is less than the age of eighteen years or who is physically or mentally disabled, regardless of age, who is the issue of a marriage of the member or former member, the legally adopted child of a member or former member, the natural child of a female member or former member, or the child of a male member or former member if a court of competent jurisdiction has, during the lifetime of such male member or former member, issued an order of filiation declaring the paternity of such male member for the child.

 "Monthly average final compensation" for a member whose first employment making him eligible for membership in the system began on or after July 1, 2006, means the average of a member's monthly salary during the highest compensated sixty consecutive months or successive joined months if service was interrupted.  However, the salary to be considered for the thirteenth through the twenty-fourth month may not exceed one hundred ten percent of the salary for the first through the twelfth month.  The salary to be considered for the twenty-fifth through the thirty-sixth month may not exceed one hundred ten percent of the salary for the thirteenth through the twenty-fourth month.  The salary to be considered for the thirty-seventh through the forty-eighth month may not exceed one hundred ten percent of the salary for the twenty-fifth through the thirty-sixth month.  The salary to be considered for the forty-ninth through the sixtieth month may not exceed one hundred ten percent of the salary for the thirty-seventh through the forty-eighth month. 

 "Monthly average final compensation" for a member whose first employment making him eligible for membership in the system began on or before June 30, 2006 and who retires prior to January 1, 2011, means the average of a member's monthly salary during the highest compensated thirty-six consecutive months or successive joined months if service was interrupted.  However, the salary to be considered for the middle twelve months may not exceed one hundred ten percent of the salary for the twelve months most distant in time from the date of retirement, and the salary to be considered for the most recent twelve months may not exceed one hundred twenty-one percent of the salary for the twelve months most distant in time from the date of retirement. 

 "Monthly average final compensation" for a member whose first employment making him eligible for membership in the system began on or before June 30, 2006 and who retires on or after January 1, 2011, means the average of a member's monthly salary during the highest compensated consecutive or successive joined months where the number of such months is defined as the lesser of sixty months or thirty-six months plus the number of whole months since January 1, 2011.  However, the salary to be considered for the thirteenth through the twenty-fourth month may not exceed one hundred ten percent of the salary for the first through the twelfth month.  The salary to be considered for the twenty-fifth through the thirty-sixth month may not exceed one hundred ten percent of the salary for the thirteenth through the twenty-fourth month.  The salary to be considered for the thirty-seventh through the forty-eighth month may not exceed one hundred ten percent of the salary for the twenty-fifth through the thirty-sixth month.  The salary to be considered for the forty-ninth through the sixtieth month may not exceed one hundred ten percent of the salary for the thirty-seventh through the forty-eighth month.  The monthly average final compensation used to calculate such a member’s benefits will not be less than the thirty-six month average final compensation earned through December 31, 2010.

 "Salary" means the full rate of regular compensation paid to a member for the performance of his official duties, but shall not include bonuses, payment for accrued vacation, annual or sick leave, payment for overtime, terminal pay, severance pay, deferred salary, or any other type of irregular or nonrecurring payment.  It shall include salary supplement payments from the Clerks' Supplemental Compensation Fund as authorized by R.S. 13:761 and the expense allowance authorized by R.S. 13:782(H).

 "Surviving spouse" means the spouse of a deceased member or former member who was married to and living with the deceased member or former member at the time of his death.

 "System" means the Clerks' of Court Retirement and Relief Fund.

 "Per-page transcription" payments means the amount a court reporter earns for each page of a court proceeding that is transcribed, at the rate per page established by each district court.

Protection Against Fraud – (See R. S. 11:1504)

 Any person who, in an attempt to defraud the system, knowingly makes any false statement, falsifies any record of this system, or allows such record to be falsified will be guilty of a misdemeanor.  Upon conviction of such crime(s) by any court of competent jurisdiction, the individual will be punished by a fine not to exceed one thousand dollars or imprisonment in the parish jail not to exceed twelve months, at the discretion of the court.