Form 2FRB (12/12)
Section 3 — Attestation
I, __________________________________________________________________, have read this form,
Forfeiture of Retirement Beneﬁts – Attestation of Understanding, and understand its contents.
Signature Date (mm/dd/yyyy)
(b) If the court orders the public servant to make restitution to the state or any political subdivision of the state for monetary loss in-
curred as a result of the public corruption crime for which he is convicted, the court may order restitution to be paid from the amount
contributed by the public servant to the retirement system.
(c) Subject to the requirements of Paragraph (3) of this Subsection, the court may award to the member’s spouse, dependent, or for-
mer spouse, as an alternate payee, some or all of the amount that, but for the order of forfeiture under Subparagraph (a) of this Para-
graph, may otherwise be payable. Upon order of the court, the retirement system shall provide information concerning the member’s
membership that the court considers relevant to the determination of the amount of an award under this Subparagraph. The system
shall also calculate the spousal share of the public servant’s beneﬁt for the sentencing court in accordance with existing community
property law. Any dependent’s share shall be calculated in the same manner as a spousal share. In determining the award, the court
shall consider the totality of the circumstances, including but not limited to:
(i) The role, if any, of the member’s spouse, dependent, or former spouse in connection with the crime.
(ii) The degree of knowledge, if any, possessed by the member’s spouse, dependent, or former spouse in connection with the crime.
(3) An award ordered under Subparagraph (2)(c) of this Subsection may not require the retirement system to:
(a) Provide a type or form of beneﬁt or an option not otherwise provided by the retirement system.
(b) Provide increased beneﬁts determined on the basis of actuarial value.
(c) Take an action contrary to the system’s governing laws or plan provisions other than the direct payment of the beneﬁt awarded to
the spouse, dependent, or former spouse.
(4) All of the convicted public servant’s service credit attributable to employer contributions and interest on those contributions that are
not otherwise assigned pursuant to Subparagraph (2)(c) of this Subsection shall be forfeited, and any dollar amount of such employer
contributions and interest, together with any funds in the individual’s deferred retirement option plan account, shall be applied to reduc-
ing the balance of the unfunded accrued liability of the system in a manner determined by the system’s board of trustees. If the system
has no unfunded accrued liability, the employer contributions and interest shall revert to the system’s trust.
C. Notwithstanding the provisions of Subsection B of this Section, survivor beneﬁts being received by the surviving unmarried spouse, the
surviving minor child, or the surviving physically or mentally handicapped child who is entitled to a survivor beneﬁt of a deceased public
servant convicted of a public corruption crime shall be based solely on the amount of the public servant’s beneﬁt forfeited to the retirement
system and shall not be based on any amount remitted to the public servant.
D. No provision of this Section shall impinge on any judicially recognized community property interest of a current or former spouse.
E. Each public retirement system shall create an attestation form explaining the provisions of this Section and shall provide such attesta-
tion form to each employing agency. Each employing agency shall provide every public servant with such attestation form and such public
servant shall be required to sign the form indicating that he has read it and understands the contents thereof.
F.(1) A parish prosecutor shall inform the secretary of the Department of Public Safety and Corrections in writing when a conviction for
a state public corruption crime is entered against a person who the prosecutor knows, or has reason to believe, is a member of a public
retirement system and who is subject to the provisions of this Section. The secretary shall compile such information and transmit it to the
appropriate public retirement system.
(2) The secretary of state, upon being notiﬁed by a United States attorney of a felony conviction for a federal public corruption crime,
whether or not such conviction qualiﬁes as a conviction as deﬁned by this Section, shall promptly transmit to each public retirement
system information pertaining to such conviction.
G. The provisions of this Section shall apply only to beneﬁts earned on or after January 1, 2013.
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