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HB1017 • 2026

RETIREMENT/FIREFIGHTERS: Prohibits certain post-divorce earnable compensation in the Firefighters' Retirement System from being included in a former spouse's portion of community property (EG1 NO IMPACT APV)

RETIREMENT/FIREFIGHTERS: Prohibits certain post-divorce earnable compensation in the Firefighters' Retirement System from being included in a former spouse's portion of community property (EG1 NO IMPACT APV)

Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Timothy P. Kerner
Last action
2026-05-29
Official status
Pending in Conference Committee (House)
Effective date
Not listed

Plain English Breakdown

The bill summary and digest do not provide specific details about the calculation of retirement benefits based on the highest three years of earnable compensation before divorce, which was mentioned in the candidate explanation.

Firefighters' Retirement System Changes

This bill stops certain post-divorce earnings from being part of a former spouse's share of community property in the Firefighters' Retirement System.

What This Bill Does

  • Adds a new law that says some increases in earnable compensation after divorce are not included when calculating what belongs to an ex-spouse.
  • Defines 'earnable compensation' as regular pay, including state-paid supplements but excluding overtime.
  • Specifies that any increase in earnable compensation following the end of a marriage and conditioned on passing both a written examination and a working test is excluded from former spouse's portion of community property.

Who It Names or Affects

  • Firefighters who are divorced and have earned more after their divorce through passing exams and working tests.
  • Former spouses of firefighters whose retirement benefits may be affected by this change.

Terms To Know

Earnable compensation
Regular pay, including state-paid supplements but excluding overtime.
Community property
Assets and debts acquired during a marriage that are shared between spouses.

Limits and Unknowns

  • The bill does not specify what happens if the increase in earnable compensation is due to reasons other than passing exams and working tests.
  • It's unclear how this change will affect existing divorce settlements involving firefighters' retirement benefits.
  • The exact date when the law becomes effective depends on whether the governor signs it or it automatically takes effect after a certain period.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Filed

Plain English: The amendment changes the law to exclude certain post-divorce earnable compensation for full-time firefighters from being included in a former spouse's share of community property.

  • Modifies the definition of 'earnable compensation' to apply specifically to full-time firefighters rather than members of the Firefighters' Retirement System.
  • Adds that any increase in a firefighter's earnable compensation after divorce, which is based on passing specific tests, will not be included when calculating what belongs to a former spouse.
  • The amendment text does not provide details about how the change affects other types of post-divorce earnings or benefits for firefighters.
  • It's unclear if there are any exceptions or additional conditions beyond passing specific tests that would affect this rule.
Filed

Plain English: The amendment provides an actuarial analysis of a bill that prohibits certain post-divorce earnable compensation in the Firefighters' Retirement System from being included in a former spouse's portion of community property.

  • Provides an actuarial impact assessment on retirement systems, indicating no significant changes to expected future benefits or fiscal costs.
  • States there will be no measurable effects on fiscal administrative costs and revenues related to local government entities during the five-year measurement period.
  • The amendment text is primarily an actuarial note and does not provide specific legislative language changes, making it difficult to describe concrete impacts beyond what is stated in the analysis.
  • No significant fiscal impact on state government entities as the bill only affects local governments.
Filed

Plain English: The amendment rejects all changes made by the Senate to HB 1017, which is about retirement benefits for firefighters.

  • Rejects all amendments proposed by the Senate to HB 1017.
  • The specific details of the Senate's amendments are not provided in the given text, so it's unclear what exactly was rejected.
Adopted

Plain English: The amendment changes specific sections in the bill related to firefighters' retirement benefits and community property division after a divorce.

  • Changes references from 'R.S. 11:2256.5' to 'R.S. 9:2801(A)(4)(g)' in two places.
  • Deletes the section titled '§2256.5. Benefits; community portion' and replaces it with a new title related to partition of community property and settlement of claims.
  • Changes 'member's' to 'full-time firefighter's' on one line.
  • Changes 'member's' to 'firefighter's' on another line.
  • The amendment text does not provide details about the specific impacts or changes in content beyond these references and titles.
Draft

Plain English: The amendment changes specific sections in the bill related to firefighters' retirement benefits and community property division after a divorce.

  • Changes references from 'R.S. 11:2256.5' to 'R.S. 9:2801(A)(4)(g)' in two places.
  • Deletes the section titled '§2256.5. Benefits; community portion' and replaces it with a new title related to partition of community property and settlement of claims.
  • Changes 'member's' to 'full-time firefighter's' on line 13.
  • Changes 'member's' to 'firefighter's' on line 14.
  • The amendment text does not provide clear explanations for why these changes are being made, so the exact impact is unclear without additional context.

Bill History

  1. 2026-05-29 H

    Notice of Senate conferees appointed.

  2. 2026-05-29 S

    Notice House Conference Committee members appointed.

  3. 2026-05-29 H

    House conferees appointed: Kerner, Turner, and Farnum.

  4. 2026-05-29 S

    Senate conference committee members appointed: Miller, Luneau, and Price.

  5. 2026-05-29 S

    Notice House rejected the Senate amendments.

  6. 2026-05-29 H

    Read by title, roll called, yeas 95, nays 0, Senate amendments rejected, conference committee appointment pending.

  7. 2026-05-27 H

    Scheduled for concurrence on 05/29/2026.

  8. 2026-05-26 H

    Received from the Senate with amendments.

  9. 2026-05-26 S

    Rules suspended. The amended bill was read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

  10. 2026-05-21 S

    Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

  11. 2026-05-20 S

    Committee amendments read and adopted. Read by title and referred to the Legislative Bureau.

  12. 2026-05-19 S

    Reported with amendments.

  13. 2026-05-04 S

    Read by title. Recommitted to the Committee on Judiciary A.

  14. 2026-05-04 S

    Rules suspended. Recalled from Committee.

  15. 2026-04-20 S

    Read second time by title and referred to the Committee on Retirement.

  16. 2026-04-15 S

    Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

  17. 2026-04-15 H

    Read third time by title, roll called on final passage, yeas 95, nays 0. Finally passed, title adopted, ordered to the Senate.

  18. 2026-04-14 H

    Scheduled for floor debate on 04/15/2026.

  19. 2026-04-13 H

    Read by title, ordered engrossed, passed to 3rd reading.

  20. 2026-04-09 H

    Reported favorably (10-0).

  21. 2026-03-31 H

    Read by title, under the rules, referred to the Committee on Retirement.

  22. 2026-03-30 H

    Read by title. Lies over under the rules.

Official Summary Text

RETIREMENT/FIREFIGHTERS: Prohibits certain post-divorce earnable compensation in the Firefighters' Retirement System from being included in a former spouse's portion of community property (EG1 NO IMPACT APV)

Current Bill Text

Read the full stored bill text 
HLS 26RS-583 ENGROSSED
2026 Regular Session
HOUSE BILL NO. 1017
BY REPRESENTATIVE KERNER
RETIREMENT/FIREFIGHTERS: Prohibits certain post-divorce earnable compensation in
the Firefighters' Retirement System from being included in a former spouse's portion
of community property
1 AN ACT
2 To enact R.S. 11:2256.5, relative to retirement benefits received from the Firefighters'
3 Retirement System; to provide with respect to the calculation of the community
4 portion of such benefits; to provide for effectiveness; and to provide for related
5 matters.
6 Notice of intention to introduce this Act has been published
7 as provided by Article X, Section 29(C) of the Constitution
8 of Louisiana.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 11:2256.5 is hereby enacted to read as follows:
11 §2256.5. Benefits; community portion
12 Notwithstanding any provision of law to the contrary, any increase in a
13 member's earnable compensation that occurs following termination of a community
14 of acquets and gains and that was conditioned on the member's passage of both a
15 written examination and a working test shall not be included in the calculation of a
16 former spouse's portion of community property.
17 Section 2. This Act shall become effective upon signature by the governor or, if not
18 signed by the governor, upon expiration of the time for bills to become law without signature
19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-583 ENGROSSED
HB NO. 1017
1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1017 Engrossed 2026 Regular Session Kerner
Abstract: Prohibits inclusion of certain post-divorce earnable compensation in an ex-
spouses's portion of a retirement benefit from the Firefighters' Retirement System
(FRS).
Present law, relative to FRS, defines "earnable compensation" as the full amount of
compensation earned by an employee on a regular tour of duty, including supplemental pay
paid by the state, but not overtime.
Present law further provides that a member's benefit calculation is based on the average of
the highest three years of earnable compensation.
Proposed law provides that any increase in a member's earnable compensation that occurs
following termination of a community of acquets and gains and that was conditional on the
member's passage of both a written examination and a working test shall not be included in
the calculation of a former spouse's portion of community property.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 11:2256.3)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.