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Regular Session, 2011 ENROLLED
SENATE BILL NO. 1
BY SENATORS ADLEY, ALARIO, APPEL, BROOME, CHABERT, CHEEK, CLAITOR,
CROWE, DONAHUE, DORSEY, ERDEY, GAUTREAUX,
GUILLORY, HEITMEIER, JACKSON, L AFLEUR, LONG,
MARIONNEAUX, MARTINY, MICHOT, MILLS, MORRISH,
MOUNT, MURRAY, NEVERS, PETERSON, QUINN, RISER, SHAW,
SMITH, THOMPSON, WALSWORTH AND WILLARD-LEWIS AND
REPRESENTATIVES ABRAMSON, ANDERS, ARMES, ARNOLD,
AUBERT, AUSTIN BADON, BOBBY BADON, BALDONE,
BARRAS, BARROW, BILLIOT, BISHOP, BROSSETT, BURFORD,
HENRY BURNS, TIM BURNS, BURRELL, CARMODY, CARTER,
CHAMPAGNE, CHANDLER, CHANEY, CONNICK, CORTEZ,
CROMER, DIXON, DOERGE, DOVE, DOWNS, EDWARDS,
ELLINGTON, FANNIN, FRANKLIN, GISCLAIR, GUILLORY,
GUINN, HARDY, HARRISON, HAZEL, HENRY, HENSGENS, HILL,
HINES, HONORE, HOWARD, HUTTER, HUVAL, MICHAEL
JACKSON, JOHNSON, ROSALIND JONES, SAM JONES, KATZ,
KLECKLEY, LABRUZZO, LAMBERT, LANDRY, LEBAS, LEGER,
LIGI, LITTLE, LORUSSO, MONICA, MONTOUCET, MORENO,
MORRIS, NORTON, NOWLIN, PEARSON, PONTI , POPE,
RICHARD, RICHARDSON, RITCHIE, ROBIDEAUX, ROY,
SCHRODER, SEABAUGH, SIMON, SMILEY, GARY SMITH, JANE
SMITH, PATRICIA SMITH, ST. GERMAIN, STIAES, TALBOT,
TEMPLET, THIBAUT, THIERRY, TUCKER, WHITE, WILLIAMS
AND WOOTON
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 death12 SB NO. 1 ENROLLED
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and disability benefits for Louisiana National Guardsmen called to active duty1
service by the governor or the President of the United States.2
(2) To govern the submission, evaluation, and determination of claims3
submitted pursuant to this Section.4
B. Definitions. As used in this Section, the following terms shall have the5
following meanings unless a different meaning is clearly required by context:6
(1) "Beneficiary", unless otherwise designated by the deceased7
guardsman as set forth in this Section, means the person or persons designated8
by the guardsman on DD Form 93, as eligible to receive the death gratuity from9
DoD pursuant to 10 U.S.C. 1475 et seq.10
(2) "Course of business" means the performance of the business of the11
military forces of the state of Louisiana or the United States.12
(3) "DD Form 93" means the record of emergency data executed by13
every member of the LANG pursuant to DoD policies and regulations.14
(4) "Disabled or disability" means a physical condition affecting the15
ability of a guardsman to secure and follow a substantial and gainful occupation16
by reason of a service-connected injury or illness.17
(5) "DoD" means the United States Department of Defense.18
(6) "Guardsman or guardsmen" means an officer or enlisted member19
of the Louisiana National Guard.20
(7) "LANG" means the Louisiana National Guard.21
(8) "Period of activation" means any of the following:22
(a) That period, subsequent to September 11, 2001, for which the23
governor of the state of Louisiana orders a guardsman into state active service24
pursuant to R.S. 29:7.25
(b) That period, subsequent to September 11, 2001, for which the26
President of the United States orders a guardsman into active military duty,27
pursuant to 32 U.S.C. 502(f)(1).28
(c) That period, subsequent to September 11, 2001, for which the29
President of the United States orders a guardsman to federal active duty30 SB NO. 1 ENROLLED
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pursuant to 10 U.S.C. 12301, 12302, or 12303.1
(9) "Qualified claim" means an application for benefits by a guardsman2
or beneficiary for a qualifying death or disability incurred during a period of3
activation in the line of duty, and meeting the documentation requirements of4
this Section.5
(10) "Qualifying disability" means a one hundred percent permanent6
total disability rating, or a permanent and total unemployability disability7
rating as determined by the United States Department of Veterans Affairs and8
certified by the Louisiana secretary of veterans affairs in a final adjudication9
of the initial rating decision or as determined or certified by the proper state10
entity that adjudicates such claims for guardsmen in accordance with the11
workers' compensation law of this state. A qualifying disability shall be12
certified by the Louisiana secretary of veterans affairs or his designee.13
C. Claims for benefits. (1) All claims for death or disability benefits14
provided for under this Section shall be submitted to the Louisiana National15
Guard.16
(2) Each death benefit claim request shall include all of the following17
documentation:18
(a) The guardsman's signed LANG death beneficiary designation form,19
or in the absence thereof, a signed DD Form 93.20
(b) DD Form 1300 Department of Defense Report of Casualty, or a valid21
death certificate issued by the state of the guardsman's domicile.22
(c) A copy of the guardsman's state or federal orders or a copy of the23
guardsman's DD Form 214.24
(d) A death benefit claim form signed by the claimant and certified by25
the adjutant general or his designee.26
(3) Each claim for a disability benefit shall include all of the following27
documentation:28
(a) A copy of the guardsman's state or federal orders or a copy of the29
guardsman's DD Form 214.30 SB NO. 1 ENROLLED
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(b) A disability rating decision reached by:1
(i) The United States Department of Veterans Affairs and certified by the2
Louisiana secretary of veterans affairs or his designee; or3
(ii) The proper state entity that adjudicates such claims for guardsmen4
in accordance with the workers' compensation law of this state and certified by5
the Louisiana secretary of veterans affairs or his designee.6
(c) A disability benefit claim form signed by the claimant and certified7
by the secretary of the Louisiana Department of Veterans Affairs or his8
designee.9
D.(1) Benefits available. During periods of activation, subsequent to10
September 11, 2001, of a guardsman ordered by the governor or by the11
President of the United States, benefits in a lump sum amount of two hundred12
fifty thousand dollars for a qualifying death and one hundred thousand dollars13
for a qualifying disability shall be paid by the state to a guardsman or his14
beneficiary, when such death or disability occurs during a period of activation15
in the line of duty as required by this Section. Such benefits shall be paid only16
when funds are available, having been appropriated for the purpose.17
(2) No guardsman shall be eligible to receive benefits pursuant to the18
provisions of this Section if any of the following occur:19
(a) An investigation determines that a killed or injured guardsman was20
not in the line of duty at the time of death or injury.21
(b) The guardsman is killed or injured while in any training status22
pursuant to Title 29 of the Louisiana Revised Statutes of 1950 or Title 32 of the23
United States Code, except training pursuant to 32 U.S.C. 502(f)(2)(A).24
E. Determination of eligibility for payment of benefits. (1) A qualifying25
death benefit eligibility and certification shall be made by the adjutant general26
of LANG, or his designee.27
(2) A qualifying disability shall be determined by the United States28
Department of Veterans Affairs or by the proper state entity that adjudicates29
such claims for guardsmen in accordance with the workers' compensation law30 SB NO. 1 ENROLLED
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of this state and certified by the secretary of the Louisiana Department of1
Veterans Affairs or his designee.2
(3) Payment to an eligible recipient for a qualified claim for a death3
benefit shall be made by the Military Department, state of Louisiana after4
certification of eligibility and request for payment are made as required by this5
Section.6
(4) Payment to an eligible recipient of a qualified claim for a disability7
benefit shall be made by the Louisiana Department of Veterans Affairs after a8
determination by the United States Department of Veterans Affairs and9
certification of eligibility by the secretary of the Louisiana Department of10
Veterans Affairs, and request for payment as required by this Section.11
F. Beneficiary designation by guardsmen. (1) Each member of LANG12
shall complete and execute a Death Benefit Beneficiary Designation Form which13
shall contain the name of the beneficiary or beneficiaries of the guardsman's14
death benefit under this Section to whom this benefit shall be paid in a lump15
sum. In the absence of the Death Benefit Beneficiary Designation Form, a DD16
Form 93 shall be used.17
(2) All designation forms shall be signed by the guardsman before a18
witness in the grade of E-7 or above in the LANG who shall also sign the form.19
(3) All designation forms shall be kept in the personnel files of the20
LANG in the regular course of business.21
Section 2. The provisions of this Act shall apply to guardsmen activated on or after22
September 11, 2001.23
Section 3. Any death or disability benefits distributed to guardsmen or their24
beneficiaries prior to the effective date of this Act shall not be affected by the provisions of25
this Act.26
Section 4. R.S. 22:941(A)(5) is hereby repealed.27
Section 5. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for a bill to become law without29
signature by the governor, as provided in Article III, Section 18 of the Constitution of30 SB NO. 1 ENROLLED
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Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act1
shall become effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: