Kyle Barnett Jul. 26, 2013, 3:42pm

BATON ROUGE – A state workers' association has filed suit against the state legislature, alleging it has unconstitutionally taken revenue out of their retirement fund and spent it on other state programs.

The Louisiana Probation and Parole Officers Association filed suit against the Louisiana State Legislature, through their officers Senate President John A. Alario and Speaker of the House Chuck Kleckley, in the 19th Judicial District Court on July 16.

The LPPOA claims that in the 2012 legislative session the Louisiana State Legislature took revenue from their retirement fund “sweeping” it into the general budget.

The lawsuit makes reference to House Bill 822, which they allege provided the mechanism for the displacement of the funds. LPPOA asserts that state statute explicitly states that “all unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund” and that they “cannot be reverted to the general fund.”

The Legislature is accused of creating a new fee, levying an unconstitutional tax on taxpayers and using the fund for the benefit of the state rather than the members who pay fees into the fund.

The LPPOA is seeking to have the law declared unconstitutional and for the seized funds to be returned.

Attorney Walter L. Smith III of Baton Rouge brought the lawsuit on behalf of the LPPOA.

The case has been assigned to Section 26 Judge Kay Bates.

Case no. 623,068.

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