Opinion Number
Background
- Town of Homer may be obligated to pay MPERS past contributions from May 1991 through December 1991 with interest.
- Plaintiff began volunteering as a reserve/officer in late 1990/early 1991 and was sworn as Deputy Marshal on February 13, 1991.
- Plaintiff paid into MPERS starting in 1991, remained until December 1994, and withdrew his contributions then.
- Re-employment in January 1995 led to erroneous denial of rejoining MPERS; re-enrolled in 2001 with town and plaintiff paying all due contributions for January 1995 through November 2001; time period May–December 1991 was repurchased later.
- Documentation indicates a 1992 payroll letter retroactively placing employment to May 1991 and indicating retroactive pay and withholdings; exact May 1991 full-time status remains disputed.
- The Attorney General declines to opine on disputed factual questions but provides legal guidelines: eligibility hinges on May 1991 employment status under MPERS definitions; if May 1991 status did not meet the definition, the town’s obligation to pay past contributions may be limited; if May 1991 status did meet the definition, enrollment and past contributions would be implicated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was plaintiff an MPERS 'employee' in May 1991? | Plaintiff contends May 1991 hire retroactively made him an employee. | Defendant notes facts are disputed and May 1991 status not established as 'employee' under 11:2213(11). | No opinion on disputed facts; eligibility must be resolved on established May 1991 facts. |
| If not an employee in May 1991 but later, may service credit be purchased? | Under 11:2218(H), he may purchase May–Nov 1991 service by paying both portions plus interest. | Purchase is possible only if May 1991 status would qualify; otherwise no credit. | Guidance provided: purchase possible only if May 1991 status qualifies as 'employee' per statute. |
| What is the employer’s obligation to pay past contributions if eligibility was later established? | Town should pay employer contributions for time when plaintiff should have been enrolled. | Employer obligation depends on actual enrollment status and eligibility. | If May 1991 eligibility existed, employer must pay contributions; otherwise not. |
| What is the applicable prescriptive period for recovery of MPERS contributions? | Claims for compensation are subject to three-year prescriptive period (Fishbein lineage). | Prescriptive period may be determined by Deshotel/Fishbein; timing governs recoverability. | Prescriptive framework identified; exact timing depends on when claims accrued and were filed. |
Key Cases Cited
- Fishbein v. State ex rel. Louisiana State University, 898 So.2d 1260 (La. 2005) (claims for proper reporting of earnable compensation are subject to a three-year prescriptive period)
- Deshotel v Village of Pine Prairie, 26 So.3d 975 (La. App. 3 Cir. 2009) (breach of duty by misinforming eligibility; claims subject to three-year prescriptive period)
- Coker v. Town of Glenmora, 37 So.3d 532 (La. App. 3 Cir. 2010) (enrollment/retroactive contributions claims linked to eligibility; limited to applicable window)