LCPR03-224
1.1 ............... moves to amend the amendment to H.F. ....,
1.2 S.F. .... (LCPR03-223), as follows:
1.3 Page 1, line 24, before "the" insert "either" and after "or"
1.4 insert "the" and after "month" insert "occurring"
1.5 Page 1, line 29, after "period" insert "that occurs"
1.6 Page 2, line 8, after "system" insert ", plan, or fund" and
1.7 after "entitled" insert an underscored comma and after
1.8 "qualified" insert an underscored comma
1.9 Page 2, line 10, delete "fund" and insert "systems, funds,
1.10 or"
1.11 Page 2, line 11, after "to" insert "the plans administered
1.12 by"
1.13 Page 2, line 12, after "the" insert "general employees
1.14 retirement plan of the"
1.15 Page 2, line 13, strike "including" and insert an
1.16 underscored comma
1.17 Page 2, line 18, after "provision" insert an underscored
1.18 comma
1.19 Page 2, line 26, strike "shall" and insert "must"
1.20 Page 2, line 27, after "law" insert an underscored comma
1.21 Page 2, line 29, strike "shall" and insert "must"
1.22 Page 2, line 33, strike "shall apply" and insert "applies"
1.23 Page 3, line 14, after "date" insert "on which"
1.24 Page 3, line 15, after "service" insert "in any two or more
1.25 of the enumerated plans"
1.26 Page 3, line 16, after "annuity" strike the balance of the
1.27 line
1.28 Page 3, line 17, strike "of the enumerated plans"
1.29 Page 3, line 23, delete "as applicable" and insert
1.30 "whichever applies"
1.31 Page 3, line 24, delete "to" and insert "by"
1.32 Page 3, line 26, after "352B," insert "an annuity computed
1.33 under"
1.34 Page 3, line 31, delete "to" and insert "by"
1.35 Page 4, line 4, strike "with" and insert "in"
1.36 Page 4, line 17, before "eligibility" insert "the"
2.1 Page 4, line 22, strike "such" and insert "the allowable"
2.2 and after "salary" insert "under the nonformula plan"
2.3 Page 5, line 9, before "credit" insert "allowable service"
2.4 Page 5, line 32, before and after the first "retirement age"
2.5 insert quotation marks
2.6 Page 6, line 2, before "retirement" insert "the"
2.7 Page 6, line 12, before "retirement" insert "the"
2.8 Page 6, line 22, after "entitled" insert an underscored
2.9 comma
2.10 Page 6, line 23, after "director" insert an underscored
2.11 comma and strike "in" and insert ". The retirement allowance is"
2.12 Page 6, line 31, before "termination" insert "the" and
2.13 after the first "of" insert "active" and after "service" insert "
2.14 as a judge" and before "submission" insert "the"
2.15 Page 6, line 33, after "be" insert "on or"
2.16 Page 7, line 7, strike "shall" and insert "must"
2.17 Page 7, lines 12 and 13, delete "employee" and insert
2.18 "judge"
2.19 Page 7, line 22, after "and" insert "who"
2.20 Page 7, line 25, after "disability" insert "that" and
2.21 strike "arising" and insert "arose"
2.22 Page 7, line 27, strike the comma
2.23 Page 7, line 28, after the first "benefit" insert ". The
2.24 disability benefit may be"
2.25 Page 7, line 29, strike "must equal" and insert "is"
2.26 Page 7, line 36, strike "Any" and insert "A"
2.27 Page 8, line 1, after "after" insert "rendering"
2.28 Page 8, line 2, before "is" insert "who"
2.29 Page 8, line 5, strike "occurring" and insert "that
2.30 occurred" and strike the comma
2.31 Page 8, line 8, before "computed" insert "must be"
2.32 Page 8, line 12, strike "Any" and insert "A"
2.33 Page 8, line 13, before "is" insert "who"
2.34 Page 8, line 16, before "incurred" insert "that" and strike
2.35 "arising" and insert "arose" and strike "shall" and insert "is
2.36 entitled to"
3.1 Page 8, line 18, after "installments" insert ". The
3.2 benefit is an amount"
3.3 Page 8, line 31, strike "occurring" and insert "that
3.4 occurred"
3.5 Page 8, line 35, strike "were paid" and insert "was payable"
3.6 Page 8, line 36, after "If" insert "a"
3.7 Page 9, line 1, after "one" insert "year of service" and
3.8 after "years" insert "of"
3.9 Page 9, line 3, after "years" insert "of"
3.10 Page 9, line 12, after "APPLICATIONS" insert "; ACCRUAL"
3.11 and before "A" insert "(a)"
3.12 Page 9, line 17, strike "This" and insert "(b) The"
3.13 Page 9, line 18, after "of" insert "the"
3.14 Page 9, line 20, after "date" insert "on which"
3.15 Page 9, line 23, before "period" insert "disability" and
3.16 strike "payments accrue" and insert "the disability benefit
3.17 accrues"
3.18 Page 9, line 36, before "designated" insert "who is"
3.19 Page 10, line 3, after "the" insert "question of the" and
3.20 strike "medical" and insert "their expert"
3.21 Page 10, line 6, after "whether" insert "or not"
3.22 Page 10, line 8, after "consequence" insert an underscored
3.23 comma
3.24 Page 10, line 10, after "If" insert an underscored comma
3.25 Page 10, line 14, after "director" insert an underscored
3.26 comma
3.27 Page 10, line 18, before "payment" insert "the"
3.28 Page 10, line 20, after "reached" insert "either"
3.29 Page 10, line 22, strike "shall" and insert "must"
3.30 Page 10, line 25, after "right" and after "times" insert an
3.31 underscored comma
3.32 Page 10, line 29, after "upon" insert "the"
3.33 Page 10, line 34, strike "shall" and insert "may"
3.34 Page 11, line 8, delete "a medical" and insert "an expert"
3.35 Page 11, line 15, before "referral" insert "the"
3.36 Page 11, line 20, after "If" insert an underscored comma
4.1 Page 11, line 21, after "determined" insert "by the
4.2 executive director"
4.3 Page 11, line 24, before "placed" insert "who is"
4.4 Page 11, line 34, delete "a medical" and insert "an expert"
4.5 Page 11, line 36, after "medical" insert "and health care"
4.6 Page 12, line 16, strike "medical" and insert "expert"
4.7 Page 12, line 24, after "director" insert "the"
4.8 Page 12, line 25, after "recommendations" insert "of the
4.9 examiner"
4.10 Page 12, line 35, before "including" insert an underscored
4.11 comma and strike "medical" and insert "expert"
4.12 Page 13, line 6, after "If" insert an underscored comma
4.13 Page 13, line 8, after "or" insert "by"
4.14 Page 13, line 9, after "finds" insert "that" and after
4.15 "member" insert "is"
4.16 Page 13, line 11, strike "The fact that" and before "is"
4.17 insert "who"
4.18 Page 13, line 13, strike "shall" and insert "is" and strike
4.19 "bar the member" and insert "barred"
4.20 Page 13, line 21, before "one" insert "by"
4.21 Page 13, line 23, strike "any" and insert "an"
4.22 Page 13, line 27, strike the first "shall" and insert
4.23 "must" and strike the second "shall" and insert "must be"
4.24 Page 13, line 28, strike "discontinue" and insert
4.25 "discontinued"
4.26 Page 13, line 30, before "physicians" insert "the" and
4.27 before "engaged" insert "or psychologists"
4.28 Page 13, line 36, after "health" insert "who is"
4.29 Page 14, line 5, strike "medical" and insert "expert"
4.30 Page 14, line 20, strike "shall be" and insert "are"
4.31 Page 14, line 24, strike "medical" and insert "expert"
4.32 Page 14, line 28, strike "school district" and insert
4.33 "employer
4.34 Page 14, lines 30, 31, and 33, strike "district" and insert
4.35 "employer"
4.36 Page 14, line 36, after "or" insert "by"
5.1 Page 15, line 4, strike "The fact that"
5.2 Page 15, line 5, strike "has been" and insert "who is"
5.3 Page 15, line 6, strike "shall" and insert "is" and strike
5.4 "operate to"
5.5 Page 15, line 7, strike "bar a coordinated member" and
5.6 insert "barred"
5.7 Page 15, lines 16, 18, 21, and 25, strike "medical" and
5.8 insert "expert"
5.9 Page 15, lines 18 and 21, strike "shall" and insert "must"
5.10 Page 15, line 22, before "one" insert "by"
5.11 Page 15, line 23, after the second "or" insert "the"
5.12 Page 15, line 28, strike "medical" and insert "expert"
5.13 Page 15, line 32, strike the old language and delete the
5.14 new language
5.15 Page 15, line 33, delete "impairment," and strike "medical"
5.16 and insert "expert" and after "report" insert "of the physician
5.17 or of the psychologist with respect to a mental impairment"
5.18 Page 16, line 1, after "occupation" insert an underscored
5.19 comma
5.20 Page 16, line 2, strike "pursuant to" and insert "under"
5.21 Page 16, lines 3 and 4, strike "shall" and insert "must"
5.22 Page 16, line 7, strike "medical" and insert "expert"
5.23 Page 16, line 18, after "2." insert "DISABILITY BENEFIT
5.24 AMOUNT."
5.25 Page 16, line 19, after "option" insert an underscored
5.26 comma and after "pay" insert an underscored comma
5.27 Page 16, line 22, reinstate the first "the", delete
5.28 "partial" and before the second "the" insert "of a portion of"
5.29 Page 16, line 36, after "month" insert "in which"
5.30 Page 17, line 4, strike "shall" and insert "must"
5.31 Page 17, line 7, strike "shall" and insert "must"
5.32 Page 17, line 10, after "may" insert "then"
5.33 Page 17, line 17, strike "shall begin to"
5.34 Page 17, line 18, strike "accrue" and insert "accrues on"
5.35 and after "month" insert "next" and strike "attainment of"
5.36 Page 17, line 28, before "Disability" insert "(a) and
6.1 strike "shall" and insert "must"
6.2 Page 17, line 34, before "deduction" insert "the"
6.3 Page 17, line 35, before "authorized" insert "that are" and
6.4 strike the comma and insert "that are"
6.5 Page 17, line 36, before "If" insert "(b) The disability
6.6 benefit must be reduced"
6.7 Page 18, line 3, after "disability" insert an underscored
6.8 semicolon
6.9 Page 18, line 6, strike ", the"
6.10 Page 18, line 7, strike "disability benefit must be
6.11 reduced" and insert ".
6.12 (c) The disability benefit reduction must be"
6.13 Page 18, line 9, after "in" insert "paragraph (b),"
6.14 Page 18, line 20, delete the first "Any" and insert "A" and
6.15 delete the second "any" and insert "a"
6.16 Page 18, line 21, after "to" insert "the disabled employee"
6.17 Page 18, line 24, delete ", shall" and insert "does"
6.18 Page 18, line 29, strike "shall" and insert "is entitled
6.19 to" and strike "any" and insert "a"
6.20 Page 18, line 31, after "when" insert an underscored comma
6.21 and after "disability" insert an underscored comma
6.22 Page 18, line 34, after "which" insert an underscored comma
6.23 Page 18, line 35, after "earnings" insert an underscored
6.24 comma
6.25 Page 18, line 36, before "adjusted" insert ", which must be"
6.26 Page 19, line 3, after "earnings" insert "for the old age,
6.27 survivors, and disability insurance programs"
6.28 Page 19, line 10, delete "work" and insert "employment" and
6.29 strike "from which" and insert "and the rate of"
6.30 Page 19, line 11, after "earnings" insert "from that
6.31 employment" and after "salary" insert "rate"
6.32 Page 19, line 12, after "salary" insert "rate" and strike
6.33 "similar" and after "positions" insert "similar to the
6.34 employment position held by the disabled person immediately
6.35 before becoming disabled, whichever is greater" and strike
6.36 "board" and insert "executive director"
7.1 Page 19, line 14, before "workers" insert "any"
7.2 Page 19, line 15, after "salary" insert "rate"
7.3 Page 19, line 16, strike "similar" and after "positions"
7.4 insert "similar to the employment position held by the disabled
7.5 person immediately before becoming disabled" and strike ",
7.6 provided" and insert an underscored period.
7.7 Page 19, line 17, strike "does" and insert "under this
7.8 subdivision may"
7.9 Page 19, line 35, after "made" insert "in writing, on a
7.10 form prescribed by the executive director, and must be made"
7.11 Page 19, line 36, before "commencement" insert "the" and
7.12 before "payment" insert "the"
7.13 Page 20, line 1, after "or" insert "before"
7.14 Page 20, line 5, after "following" insert "the" and after
7.15 the second "or" insert "following"
7.16 Page 20, line 15, strike "Any"
7.17 Page 20, line 17, after "upon" insert "the" and after
7.18 "discovery" insert "of the error" and after "and" insert "after
7.19 the" and after "verification" insert "of the error"
7.20 Page 20, line 18, strike ", and" and insert an underscored
7.21 period
7.22 Page 20, line 25, strike "retirement association" and
7.23 insert "executive director"
7.24 Page 20, line 30, delete "Any" and insert "A potential"
7.25 Page 20, line 32, delete "transferred" and insert "made by
7.26 the executive director"
7.27 Page 20, line 34, after "association" insert "of an unmade
7.28 potential transfer under this paragraph" and after "employer"
7.29 insert "of the affected person"
7.30 Page 20, line 36, after "the" insert "retirement fund of
7.31 the"
7.32 Page 21, line 1, after the underscored period, delete the
7.33 balance of the line and insert "The retirement association"
7.34 Page 21, delete line 2
7.35 Page 21, line 3, delete "made the transfer" and delete
7.36 "that" and insert "the" and after "amount" insert "of the
8.1 erroneous salary deductions and employer contributions"
8.2 Page 21, line 6, after "or" insert "if a"
8.3 Page 21, line 9, strike "any" and insert "the"
8.4 Page 21, line 10, strike "shall" and insert "must"
8.5 Page 21, line 11, strike "Any"
8.6 Page 21, line 13, strike "in" and insert "during"
8.7 Page 21, line 14, strike "shall" and insert "must"
8.8 Page 21, line 15, strike "with" and insert ", plus"
8.9 Page 21, line 18, delete "to which it relates"
8.10 Page 21, line 19, delete "shall" and insert "may"
8.11 Page 21, line 20, delete "shall" and after "instead" insert
8.12 "must"
8.13 Page 21, line 21, delete "from" and insert "payable by"
8.14 Page 21, line 22, after "refunding" insert "to the
8.15 applicable employee"
8.16 Page 21, line 35, strike "the" and insert "a" and after
8.17 "association" insert ", whichever applies,"
8.18 Page 22, line 1, after the second "the" insert "applicable"
8.19 Page 22, line 4, strike "fund to fund" and insert
8.20 "fund-to-fund"
8.21 Page 22, line 5, after "and" insert an underscored comma
8.22 and after "event" insert an underscored comma
8.23 Page 22, line 6, strike "prior to" and insert "before the"
8.24 Page 22, line 32, delete "shall" and insert "must"
8.25 Page 22, line 34, after "age" insert "under section
8.26 401(a)(9) of the Internal Revenue Code"
8.27 Page 23, line 1, delete "on and after"
8.28 Page 23, line 2, delete "December 31, 1989, shall" and
8.29 insert "must"
8.30 Page 23, line 7, delete "on or after"
8.31 Page 23, line 8, delete "January 1, 1993"
8.32 Page 23, line 9, after "have" insert "all or"
8.33 Page 23, line 11, after "plan" insert "as"
8.34 Page 23, line 25, delete "prior to" and insert "before"
8.35 Page 24, line 10, before "agrees" insert "which" and before
8.36 "amounts" insert "the"
9.1 Page 24, line 22, after "in" insert "either"
9.2 Page 24, line 24, before "amounts" insert "the"
9.3 Page 24, line 25, delete "such" and insert "the"
9.4 Page 24, line 26, delete "such" and insert "the"
9.5 Page 24, line 28, after "is" insert ":
9.6 (1)" and after "or" insert "a"
9.7 Page 24, line 29, delete the underscored comma and insert
9.8 ";
9.9 (2)"
9.10 Page 24, line 30, delete the underscored comma and insert
9.11 an underscored semicolon and after the first "or" insert "(3)"
9.12 Page 24, line 31, delete the underscored comma
9.13 Page 24, line 33, after "or" insert "who is a recipient of"
9.14 Page 25, line 1, after "benefits" insert "that"
9.15 Page 25, line 3, delete "Effective December 12, 1994,"
9.16 Page 25, line 5, delete "will" and insert "must"