A.(1)  Except as hereinafter provided, all unused accumulated annual leave and sick leave accrued by a state employee in accordance with the leave accrual rates established by the State Civil Service Commission and for which payment cannot be made in accordance with law at the time of retirement, shall be credited at the time of retirement to the member on the following basis:

Days

Percentage

of a Year

1- 26

10

27- 52

20

53- 78

30

79-104

40

105-130

50

131-156

60

157-182

70

183-208

80

209-234

90

235-260

100

(2)  Unused sick leave and annual leave may be converted to retirement credit in accordance with the provisions of Paragraph (1) of this Subsection, but the conversion shall not cause the member’s total annual retirement benefit, as computed in accordance with La. Rev. Stat. 11:444, to exceed his final average compensation.  No member, survivor, or beneficiary shall use any accumulated unused sick and annual leave to attain eligibility for any benefits provided by this Chapter.

B.  The agency must submit to the board a report of unused sick and annual leave, computed in days only, plus unreported earnings and contributions immediately after the member retires.

C.  When extending credit for unused leave, fractional days of one-half or more shall be granted as one day and less than one-half day shall be disregarded.  A member retiring out of state service shall not be allowed to use unused sick and annual leave to extend service credit unless he had a vested right thereto at the time he terminated his state service.  Any member who had previously terminated his employment for any period of time but who later becomes reemployed as an active contributing member shall have contributed to the system for not less than eighteen months subsequent to his reemployment date before using converted unused sick and annual leave for purposes of benefit computation.  Additional membership service for unused sick and annual leave shall not be used in computation of average compensation.

D.  The provisions of this Section shall be applicable to all officers and employees in state service except as follows:

(1)  Those officials appointed by the governor whose appointment must be confirmed by the Senate, and except that the provisions of this Section shall apply to such officials who are classified state employees participating in the Senior Executive Exchange Program pursuant to rules promulgated by the Department of State Civil Service.

(2)  All elected officials.

E.  A member may, at the time the application for retirement is filed, request in writing that in lieu of the foregoing conversion of annual leave and sick leave to retirement credit, he be paid for such leave in a lump sum for the amount of leave that could otherwise be converted to retirement credit.  Additionally, a member who has annual leave and sick leave that if converted to retirement credit would exceed one hundred percent of the member’s average compensation, shall be entitled to be paid for such leave at its actuarial value as if it were converted to retirement credit without regard to the one hundred percent cap.  The amount paid shall be the actuarial value of such leave if converted to retirement credit as determined by the retirement system’s actuary.  The cost for such actuarial determination shall be paid by the member.  Payment shall be made only upon retirement.  The provisions of this Subsection shall not be applicable to a member requesting retirement pursuant to the disability retirement provisions of this Title.

Acts 1972, No. 135, §1, eff. July 26, 1972.  Amended by Acts 1978, No. 67, §3; Acts 1986, No. 414, §1; Redesignated from La. Rev. Stat. 42:563 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1993, No. 343, §1; Acts 1999, No. 42, §1, eff. May 28, 1999; Acts 2000, 1st Ex. Sess., No. 115, §1, eff. July 1, 2000; Acts 2006, No. 770, §1, eff. June 30, 2006.

{{NOTE:  SEE ACTS 1986, NO. 414, §2 – S.B. 243 FAILED TO PASS.}}