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2026 Regular Session ENROLLED
SENATE RESOLUTION NO. 22
BY SENATOR FOIL
A RESOLUTION
To urge and request the Louisiana State Law Institute to study and recommend legislation
relative to the division of retirement benefits of a former spouse in the partition of
community property.
WHEREAS, R.S. 9:2801 provides for the partition of community property and
settlement claims arising from matrimonial regimes; and
WHEREAS, the Louisiana Supreme Court in Sims v. Sims, 358 So.2d 919 (La. 1978)
determined in a partition of community assets following the dissolution of the community
property regime as the result of a divorce, a divorced spouse has an interest in a former
spouse's pension rights, insofar as the benefits are attributable to his employment during the
existence of the community; and
WHEREAS, in Sims, the Louisiana Supreme Court held that the divorced spouse was
entitled to have recognized an interest in the pension funds or rights of the former spouse,
when the benefits become actually payable to, or for the other, in the proportion that they
are attributable to the former spouse's employment during the community; and
WHEREAS, the Louisiana Supreme Court determined that the following formula by
fraction, known as the "Sims Formula" is the proper formula to apply for the division of
retirement benefits attributable to employment during the existence of the community, the
numerator of which is the years of creditable service during the existence of the community,
divided by the denominator of which is the total years of creditable service, multiplied by
one-half; and
WHEREAS, the Sims Formula is established by jurisprudence and applies to the
division of retirement benefits, as the result of a divorce, in all retirement systems in the state
of Louisiana; and
WHEREAS, the Louisiana State Law Institute has the capability and expertise to
study and make recommendations for potential changes relative to the laws governing the
division of retirement benefits and applicable to the partition of community property as the
result of a divorce.
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SR NO. 22 ENROLLED
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request the Louisiana State Law Institute to study and recommend
legislation relative to the division of retirement benefits of a former spouse in the partition
of community property as the result of a divorce.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its
findings and recommendations to the legislature on or before March 1, 2027.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
one printed copy and one electronic copy of any report produced pursuant to this Resolution
to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
PRESIDENT OF THE SENATE
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