Sawyer v. State ex rel. Louisiana State Employees' Retirement System
Sawyer v. State ex rel. Louisiana State Employees' Retirement System
Opinion of the Court
This is a suit to require the Louisiana State Employees’ Retirement System (LASER) to award plaintiff, a retired state employee, credit for 12 years of additional state service and to increase his retirement benefits accordingly.
Plaintiff, a janitorial worker at a state college, retired from employment on April 1, 1978, having been employed there since 1935, except for a six-month period in 1953.
During plaintiff’s tenure as a state employee the Louisiana State Employees’ Retirement System was created by Acts 1946, No. 126, effective June 30, 1947. Persons in state employment at that time were given the choice whether or not to join the then-voluntary system. Those who joined received credit without cost for their service prior to the effective date of the system. Plaintiff chose not to join at the time and was not a member of the system when he left state employment in 1953. However, when he returned to state employment in January, 1954, membership in LASER was mandatory, and plaintiff became a member.
When plaintiff filed an application for benefits preparatory to retirement, he was entitled under 1972 legislation to credit for
The trial court dismissed the suit, holding that plaintiff, now retired, was no longer a “member” of the system and was therefore prohibited from applying for the additional credit. The court of appeal affirmed. 401 So.2d 997 (La.App.). We granted certiorari to review the judgments of the lower courts. 402 So.2d 698 (La.).
When LASER was established in 1946 and plaintiff elected not to join, he expressly waived the benefits of credit for prior service that had been accorded those who joined within a specified period. However, the Legislature from time to time reextend-ed the right to receive credit for service prior to 1947.
Also in 1972 the Legislature adopted R.S. 42:562(A), which plaintiff now relies on as the basis for his claim. Section 562(A) provides in pertinent part:
“A. Any member shall be entitled to receive credit for any full-time state service for which no social security was paid, and for which the member has not received credit, except for service specifically excluded in this section.”
Emphasizing the phrase “any member”, LASER points out that plaintiff did not make a claim while he was a member and argues that his membership was terminated when he retired without ever making the claim. LASER therefore contends plaintiff is no longer eligible to assert the claim.
Arguably, when plaintiff applied for retirement benefits prior to his retirement, he implicitly sought all benefits due him under the law. Nevertheless, Section 562(A) clearly entitled any member (obviously referring to the time of enactment)
We decline to require such an election, when Section 562(A) specifically grants the entitlement without condition or qualification. Further, Section 562(A), again unlike some previous statutes granting entitlement to credit for prior service, did not specify any time limitation for exercising the right “to receive” which was granted by the statute.
LASER concedes plaintiff would have received credit for prior service if he had claimed this credit when he applied for benefits preparatory to retirement. LASER apparently fears that many long-retired former members will come forward and claim credit for prior service.
For these reasons the judgments of the lower courts are reversed, and it is now ordered that plaintiff be awarded credit for service from 1935 to 1947 and that his retirement benefits be increased accordingly, effective from the date of his retirement.
. For example, by Acts 1952, No. 364, persons were given credit for all state service prior to 1947, if they joined before July 1, 1953. However, when plaintiff rejoined state service in 1954, he was not then eligible for credit for service prior to 1947, because of the express limitation in Act 364.
. Section 571.2 had specified “each person who is now or hereafter becomes a member.”
. It is significant to note that plaintiffs claim does not include credit for the period between 1947 and 1954, when he voluntarily stayed out of the system.
. LASER also expressed fear that World War II and Korean veterans will also belatedly claim benefits awarded by special legislation to those veterans, but those legislative acts expressly limited the time within which to claim the benefits.
Dissenting Opinion
(dissenting).
La.R.S. 42:562(A) provides that “[a]ny member shall be entitled to receive credit” (emphasis added). A member is defined as “any person included in the membership of the system.” La.R.S. 42:543(17). “Membership in the system ceases when a member withdraws his accumulated contributions, or when a member withdraws from active service with a retirement allowance, or when a member dies.” La.R.S. 42:556. In the present case, Mr. Sawyer retired on April 1, 1978, and is receiving retirement benefits. He did not request credit until after his retirement. Since Mr. Sawyer was not a member of the system when the request was made, he is not entitled to receive credit. Accordingly, I respectfully dissent.
Reference
- Full Case Name
- Ezra SAWYER v. STATE of Louisiana Through LOUISIANA STATE EMPLOYEES' RETIREMENT SYSTEM
- Status
- Published