Could a Louisiana district attorneys' retirement member buy credit for National Guard service earned while already in the system?

Plain-English summary

Louisiana's District Attorneys' Retirement System asked whether a member could buy credit for National Guard service performed while already participating in the system. The Attorney General said that overlap alone did not bar the purchase. Under the statute he reviewed, a member could buy credit based on accrued Guard points, up to four years total.

The AG emphasized the separate bar on duplicate military service credit. He said a member could not buy or receive credit for service already credited in another public retirement system or in the kind of military retirement plan described in the statute. The opinion answered eligibility under the law as it stood in 2001, not the calculation of this member's individual purchase.

Currency note

This opinion was issued in 2001. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could Guard service during active retirement-system membership count?
The AG said the statute contained no exception excluding time served while the member was already active in the District Attorneys' Retirement System.

How much Guard credit could be purchased?
The opinion quoted a point-based rule of one day of credit per accrued point, capped at four years total.

Could the member receive credit twice for the same service?
No. The AG quoted La. R.S. 11:153(E)'s prohibition on duplicating military service credit already received in another public retirement system or qualifying armed-forces retirement plan.

Background and statutory framework

La. R.S. 11:153.1 made members of state or statewide public retirement systems eligible to purchase State National Guard credit, subject to the conditions in La. R.S. 11:153(E), (F), and (G). The system's question focused on whether simultaneous Guard service and system membership created an additional bar. The AG answered that it did not, while preserving the statutory cap and duplicate-credit restriction.

Citations and references

• La. R.S. 11:153.1
• La. R.S. 11:153(E)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0131

Original opinion text

May 21, 2001

OPINION NUMBER 01-131

92-A-2-(C) RETIREMENT – DISTRICT ATTORNEYS
E. Pete Adams
La. R.S. 11:153; La. R.S. 11:153.1

Director
A member of the District Attorneys’ Retirement System
District Attorneys’ Retirement System may purchase credit for service in the State National Guard unless he has previously received credit for such in any
1645 Nicholson Drive
other public retirement system, including a retirement plan
Baton Rouge, Louisiana 70802
for members of the armed forces of the United States, from
which plan the member is drawing a regular retirement benefit based on age and service.
Dear Mr. Adams:

We received your request for an opinion regarding the interpretation and application of La. R.S. 11:153.1. It is our understanding, per your request, that a member of the District Attorneys’ Retirement System would like to purchase retirement credit for time that he served in the Louisiana National Guard. The system questions if La. R.S. 11:153.1 forbids a person from purchasing retirement credit for four years of service with the Louisiana National Guard which was accumulated while the person was an active member of the District Attorneys’ Retirement System.

La. R.S. 11:153.1 provides that any member of a state or statewide public retirement system, i.e., the District Attorneys’ Retirement System, shall be eligible to purchase credit for service in the State National Guard. The statute further provides that: “Any such employee shall be entitled to purchase military credit in the applicable state or statewide public retirement system based on his accrued points and in an amount equal to one day of retirement credit for each point, not to exceed a total of four years of retirement credit. Any purchase of credit shall be subject to the provisions of La. R.S. 11:153(E), (F), and (G).” La. R.S. 11:153(E) specifically provides that there shall be no duplication of credit for military service and that no member shall be entitled to purchase or receive credit for military service if he has previously received credit for such in any other public retirement system or pension fund, including any retirement plan for members of the armed forces of the United States, from which plan the member is drawing a regular retirement benefit based on age and service.

In light of the above, it is clear that a member of the District Attorneys’ Retirement System is eligible to purchase credit for service in the State National Guard. The language is mandatory. Such purchase, as outlined in the statute, cannot exceed a total of four years of retirement credit. A member cannot purchase or

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E. Pete Adams
Opinion No. 01-131
Page 2

receive credit for military service if he has previously received credit for such in any other public retirement system, which includes any retirement plan for members of the armed forces of the United States, from which plan the member is drawing a regular retirement benefit based on age and service. There is no exception for time which was accumulated while the person was an active member in a statewide public retirement system. The only exception, in your situation, is if the member is drawing a regular retirement benefit, based on age and service, from the Louisiana National Guard. Thus, it is our opinion that La. R.S. 11:153.1 does not forbid such a purchase.

If you have any questions or comments, please do not hesitate to contact our office.

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________
TINA VICARI GRANT
Assistant Attorney General

RPI/TVG:crt

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E. Pete Adams
Opinion No. 01-131
Page 3

OPINION NUMBER 01-131

SYLLABUS

92-A-2-(C) RETIREMENT – DISTRICT ATTORNEYS

La. R.S. 11:153
La. R.S. 11:153.1

A member of the District Attorneys’ Retirement System may purchase credit for service in the State National Guard unless he has previously received credit for such in any other public retirement system, including a retirement plan for members of the armed forces of the United States, from which plan the member is drawing a regular retirement benefit based on age and service.

E. Pete Adams
Director
District Attorneys’ Retirement System
1645 Nicholson Drive
Baton Rouge, Louisiana 70802

DATE RECEIVED:

DATE RELEASED: May 21, 2001

AUTHOR: TINA VICARI GRANT
ASSISTANT ATTORNEY GENERAL