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 (EN NO IMPACT APV)

2026 Regular Session Introduced by Tim Kerner

HB 1017 narrows ex-spouse retirement shares by excluding post-divorce earnable increases that were conditioned on passing both a written exam and a working test from the former spo

Effective date: 06/24/2026.

Purpose and intent

The bill seeks to modify how post-divorce earnable compensation is treated in calculating an ex-spouse’s share of a member’s retirement benefits from the Firefighters’ Retirement System (FRS).

Specifically, it aims to exclude certain increases in earnable compensation that occur after a community of acquets and gains (i.e., marriage) has terminated, if those increases are conditioned on passing both a written examination and a working test.

Key provisions and changes

Enacts new statute: R.S. 11:2256.5 (and adds R.S. 11:2256.3 in practice, per the bill text).

Core rule:

Any increase in a member’s earnable compensation that occurs after the termination of the community of acquets and gains and that was conditioned on the member passing both:
a written examination, and
a working test
shall not be included in the calculation of the former spouse’s portion of the member’s retirement benefits (the community property share).

Current law context:

Earnable compensation for FRS generally includes regular compensation plus state-paid supplemental pay, but excludes overtime.
Retirement benefit calculations use the average of the highest three years of earnable compensation.

Effective date: The act becomes effective upon the governor’s signature or, if not signed, upon expiration of the period for gubernatorial action, with the usual constitutional provisions for legislative acts.

Who is affected

Members of the Firefighters’ Retirement System and their former spouses (ex-spouses) concerned with the division of community property upon divorce.

Specifically impacts how post-divorce increases in earnable compensation (subject to the exam and test conditions) are treated in determining the ex-spouse’s share of retirement benefits.

Procedural and timeline notes

Status: Introduced in the 2026 Regular Session, with actions indicating passage through committees and readiness for floor consideration.

Notable milestones from the record:

Filed and referred to committee on Retirement.
Passed committee with favorable report (10-0) and moved toward floor action.
House actions show subsequent transmission to Senate for consideration.

Since the bill text notes “effective upon signature by the governor,” the practical effect depends on gubernatorial action.

Practical impact and considerations

The change narrows the portion of a retirement benefit that can be allocated to an ex-spouse for earnings increases tied to post-divorce conditioning exams/tests.

It could reduce the ex-spouse’s share in cases where the member’s post-divorce increases were earned under the specified conditional framework.

This aligns the division of retirement benefits more closely with the pre-divorce earnings base, potentially preserving more of the post-divorce, exam-driven increases for the member.

If you’d like, I can compare this bill’s potential impact to current case law or provide hypothetical examples showing how the ex-spouse calculation would change under HB 1017.

Bill