RS 11:1823     

§1823. Board responsibilities; powers and duties

            Each board member shall discharge his fiduciary duties solely in the interest of the system's members and beneficiaries and for the exclusive purpose of providing benefits to the members and their beneficiaries, and defraying reasonable expenses of administering the system, with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. The board shall have the following powers and duties in administering the system:

            (1) To formulate and promulgate any and all necessary rules and regulations to facilitate the proper functioning of this system or the administration of any of its funds, provided the same are not inconsistent with the terms of this Chapter. The board shall have full authority to determine all questions of coverage and qualifications as to participation in and receipt of benefits under the system, and shall have the power to construe the provisions of this Chapter, and such questions as determined, or any construction so adopted by the board in good faith shall be binding on all parties and persons concerned. Any discretionary actions to be taken under this system by the board with respect to the classification of the employees, contributions, or benefits shall be uniform in their nature and applicable to all employees similarly situated.

            (2) To authorize or suspend the payment of any benefit in accordance with this Chapter.

            (3) To prepare and approve prior to the beginning of each fiscal year a budget of operating expenses for such year.

            (4) To compel witnesses to attend meetings and to testify upon any necessary matter concerning the system.

            (5) To request such information from any member or participating employer as is necessary for the proper operation of the system.

            (6) To determine the length of prior service from such information as is available. Any such determination shall be conclusive as to any such period of service unless within one year of the issuance of the service certificate to an employee the board reconsiders the case and changes the determination.

            (7) To establish an office or offices with suitable space for meetings of the board and for use of the necessary administrative personnel. All books and records of the system shall be kept in such office or offices or in such other places as the board shall designate for safe keeping.

            (8) To appoint an administrative director to manage the office and carry out the technical administrative duties of the system.

            (9) To appoint an actuary to perform all the necessary actuarial requirements of the system.

            (10) To appoint such investment counsel as, in the opinion of the board, may be required from time to time.

            (11) To obtain by employment or by contract such additional actuarial services and such legal services, in addition to that provided by the attorney general, and in such medical, clerical, or other services as is required for the efficient administration of the system.

            (12) To determine and fix the rate of compensation to be paid to the administrative director, actuary, investment counsel, auditor, legal or medical counsel, and employees.

            (13) To have the accounts of the system audited annually by a certified public accountant.

            (14) To submit an annual statement to the authorized agent of each participating employer as soon after the end of each fiscal year as possible. The statement shall include the following:

            (a) A balance sheet, showing the financial and actuarial condition of the system as of the end of the fiscal year.

            (b) A statement of receipts and disbursements during such year.

            (c) A statement showing changes in the various funds of the system during such year, and

            (d) Such additional statistics as are deemed necessary for a proper interpretation of the condition of the system.

            (15) To submit an individual statement to any participating member upon his reasonable request. The statement shall indicate the amount of creditable service and accumulated contributions to the employee's credit, as of the latest date practicable.

            (16) To determine the limitations on the amount of cash to be invested in order to maintain such cash balances as may be deemed advisable to meet current requirements, and invest the available cash within these limits.

            (17) To keep in convenient form the data necessary for all required calculations and valuations as required by the actuary.

            (18) To keep a permanent record of all the proceedings of the board and such other records as shall be necessary or desirable for administration of the system.

            (19) To establish such rules and regulations not inconsistent with the provisions of this Chapter as is necessary or desirable for the efficient administration of the fund, including the time and manner of reporting and making contributions by participating employers.

            (20) To appoint committees of three or more trustees to perform such functions as may be directed by the board.

            (21) To carry on generally any other reasonable activities, including, without limitation, the making of administrative decisions on participation and coverage, which are necessary for carrying out the intent of the system in accordance with the provisions of this Chapter.

            (22) To deduct monthly life and health insurance premiums from the benefits payable to any retiree or other beneficiary and to transmit them to the agency to which the premiums are due. The board shall have full authority to formulate and promulgate any and all necessary rules and regulations to facilitate these deductions, including but not limited to requirements for written documentation for deductions.

            (23) Repealed by Acts 2022, No. 248, §3, eff. June 30, 2022.

            Acts 1978, No. 788, §1; Redesignated from R.S. 33:7313 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 2016, No. 648, §1; Acts 2020, No. 30, §1, eff. June 30, 2020; Acts 2022, No. 248, §§2, 3, eff. June 30, 2022.