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ACT No. 406
Regular Session, 2011
HOUSE BILL NO. 143
BY REPRESENTATIVES LORUSSO AND LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact R.S. 29:26.1 and to repeal R.S. 22:941(A)(5), relative to death and disability2
benefits for Louisiana National Guardsmen activated by the governor or the3
president; to remove authority for certain lump-sum payments of death and4
permanent disability benefits for Louisiana National Guardsmen activated by the5
governor or the president of the United States; to provide for an effective date; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 29:26.1 is hereby enacted to read as follows: 9
ยง26.1. National Guard death and disability benefits10
A. Purpose. The purpose of this Section is:11
(1) To establish an effective and efficient mechanism for providing death and12
disability benefits for Louisiana National Guardsmen called to active duty service13
by the governor or the president of the United States.14
(2) To govern the submission, evaluation, and determination of claims15
submitted pursuant to this Section.16
B. Definitions. As used in this Section, the following terms shall have the17
following meanings unless a different meaning is clearly required by context:18
(1) "Beneficiary", unless otherwise designated by the deceased guardsman19
as set forth in this Section, means the person or persons designated by the guardsman20
on DD Form 93, as eligible to receive the death gratuity from DoD pursuant to 1021
U.S.C. 1475 et seq.22
(2) "Course of business" means the performance of the business of the23
military forces of the state of Louisiana or the United States.24 ENROLLEDHB NO. 143
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(3) "DD Form 93" means the record of emergency data executed by every1
member of the LANG pursuant to DoD policies and regulations.2
(4) "Disabled or disability" means a physical condition affecting the ability3
of a guardsman to secure and follow a substantial and gainful occupation by reason4
of a service-connected injury or illness.5
(5) "DoD" means the United States Department of Defense.6
(6) "Guardsman or guardsmen" means an officer or enlisted member of the7
Louisiana National Guard.8
(7) "LANG" means the Louisiana National Guard.9
(8) "Period of activation" means any of the following:10
(a) That period, subsequent to September 11, 2001, for which the governor11
of the state of Louisiana orders a guardsman into state active service pursuant to R.S.12
29:7.13
(b) That period, subsequent to September 11, 2001, for which the president14
of the United States orders a guardsman into active military duty, pursuant to 3215
U.S.C. 502(f)(1).16
(c) That period, subsequent to September 11, 2001, for which the president17
of the United States orders a guardsman to federal active duty pursuant to 10 U.S.C.18
12301, 12302, or 12303.19
(9) "Qualifying claim" means an application for benefits by a guardsman or20
beneficiary for a qualifying death or disability incurred during a period of activation21
in the line of duty, and meeting the documentation requirements of this Section.22
(10) "Qualifying disability" means a one hundred percent permanent total23
disability rating, or a permanent and total unemployability disability rating as24
determined by the United States Department of Veterans Affairs and certified by the25
Louisiana secretary of veterans affairs in a final adjudication of the initial rating26
decision or as determined or certified by the proper state entity that adjudicates such27
claims for guardsmen in accordance with the workers' compensation law of this state.28
A qualifying disability shall be certified by the Louisiana secretary of veterans29
affairs or his designee.30 ENROLLEDHB NO. 143
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C. Claims for benefits. (1) All claims for death or disability benefits1
provided for under this Section shall be submitted to the Louisiana National Guard.2
(2) Each death benefit claim request shall include all of the following3
documentation:4
(a) The guardsman's signed LANG death beneficiary designation form, or5
in the absence thereof, a signed DD Form 93.6
(b) DD Form 1300 Department of Defense Report of Casualty, or a valid7
death certificate issued by the state of the guardsman's domicile.8
(c) A copy of the guardsman's state or federal orders or a copy of the9
guardsman's DD Form 214.10
(d) A death benefit claim form signed by the claimant and certified by the11
adjutant general or his designee.12
(3) Each claim for a disability benefit shall include all of the following13
documentation:14
(a) A copy of the guardsman's state or federal orders or a copy of the15
guardsman's DD Form 214.16
(b) A disability rating decision reached by the United States Department of17
Veterans Affairs and certified by the Louisiana secretary of veterans affairs or his18
designee.19
(c) A disability rating decision reached by the proper state entity that20
adjudicates such claims for guardsmen in accordance with the workers'21
compensation law of this state and certified by the Louisiana secretary of veterans22
affairs or his designee.23
(d) A disability benefit claim form signed by the claimant and certified by24
the secretary of the Louisiana Department of Veterans Affairs or his designee.25
D.(1) Benefits available. During periods of activation, subsequent to26
September 11, 2001, of a guardsman ordered by the governor or by the president of27
the United States, benefits in a lump-sum amount of two hundred fifty thousand28
dollars for a qualifying death and one hundred thousand dollars for a qualifying29
disability shall be paid by the state to a guardsman or his beneficiary, when such30 ENROLLEDHB NO. 143
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death or disability occurs during a period of activation in the line of duty as required1
by this Section. Such benefits shall be paid only when funds are available, having2
been appropriated for the purpose.3
(2) No guardsman shall be eligible to receive benefits pursuant to the4
provisions of this Section if any of the following occur:5
(a) An investigation determines that a killed or injured guardsman was not6
in the line of duty at the time of death or injury.7
(b) The guardsman is killed or injured while in any training status pursuant8
to Title 29 of the Louisiana Revised Statutes of 1950 or Title 32 of the United States9
Code, except training pursuant to 32 U.S.C. 502(f)(2)(A).10
E. Determination of eligibility for payment of benefits. (1) A qualifying11
death benefit eligibility and certification shall be made by the adjutant general of12
LANG, or his designee.13
(2) A qualifying disability shall be determined by the United States14
Department of Veterans Affairs or by the proper state entity that adjudicates such15
claims for guardsmen in accordance with the workers' compensation law of this state16
and certified by the secretary of the Louisiana Department of Veterans Affairs or his17
designee.18
(3) Payment to an eligible recipient for a qualified claim for a death benefit19
shall be made by the Military Department, state of Louisiana after certification of20
eligibility and request for payment are made as required by this Section.21
(4) Payment to an eligible recipient of a qualified claim for a disability22
benefit shall be made by the Louisiana Department of Veterans Affairs after a23
determination by the United States Department of Veterans Affairs and certification24
of eligibility by the secretary of the Louisiana Department of Veterans Affairs, and25
request for payment as required by this Section.26
F. Beneficiary designation by guardsmen. (1) Each member of LANG shall27
complete and execute a Death Benefit Beneficiary Designation Form which shall28
contain the name of the beneficiary or beneficiaries of the guardsman's death benefit29 ENROLLEDHB NO. 143
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under this Section to whom this benefit shall be paid in a lump sum. In the absence1
of the Death Benefit Beneficiary Designation Form, a DD Form 93 shall be used.2
(2) All designation forms shall be signed by the guardsman before a witness3
in the grade of E-7 or above in the LANG who shall also sign the form.4
(3) All designation forms shall be kept in the personnel files of the LANG5
in the regular course of business.6
Section 2. The provisions of this Act shall apply to guardsmen activated on or after7
September 11, 2001.8
Section 3. Any death or disability benefits distributed to guardsmen or their9
beneficiaries prior to the effective date of this Act shall not be affected by the provisions of10
this Act.11
Section 4. R.S. 22:941(A)(5) is hereby repealed.12
Section 5. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for a bill to become law without14
signature by the governor, as provided in Article III, Section 18 of the Constitution of15
Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act16
shall become effective on the day following such approval. 17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: