Senate Resolution No. by Senator Foil urges the Louisiana State Law Institute to conduct a study and recommend legislation concerning the division of retirement benefits for a former spouse during the partition of community property following a divorce. The resolution references the Louisiana Supreme Court's ruling in Sims v. Sims, which established that a divorced spouse has a claim to a portion of the other spouse's pension rights that are attributable to employment during the marriage. This claim is calculated using the "Sims Formula," which determines the division of retirement benefits based on the years of creditable service during the marriage compared to the total years of service.

The resolution emphasizes the need for a thorough examination of the current laws governing the division of retirement benefits in the context of community property partitions, as the Louisiana State Law Institute possesses the necessary expertise to make informed recommendations. Additionally, the resolution mandates that any findings or reports generated from this study be submitted to the David R. Poynter Legislative Research Library, ensuring transparency and accessibility of the information.