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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 298
BY SENATORS ADLEY AND PERRY
VETERANS AFFAIRS. Provides for eligibility requirements for Louisiana National Guard
troops applying for disability benefits which occurred during an active duty deployment
ordered by the President of the United States or the Governor of Louisiana. (8/1/12)
AN ACT1
To amend and reenact R.S. 29:26.1(E)(2), relative to the Louisiana National Guard; to2
provide for disability benefits; to provide for eligibility of disability benefits; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 29:26.1(E)(2) is hereby amended and reenacted to read as follows:6
ยง26.1. National Guard death and disability benefits7
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E. Determination of eligibility for payment of benefits.9
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(2)(a) A qualifying disability shall be determined by the United States11
Department of Veterans Affairs or by the proper state entity that adjudicates such12
claims for guardsmen in accordance with the workers' compensation law of this state13
and certified by the secretary of the Louisiana Department of Veterans Affairs or his14
designee.15
(b) If a guardsman's initial application for disability benefits to the16
United States Department of Veterans Affairs is rejected but subsequently17 SB NO. 298
SLS 12RS-712 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
granted after further consideration, that guardsman shall be eligible for the1
state disability benefits pursuant to the provisions of this Section.2
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Section 2. The provisions of this Act shall be given retroactive application to4
September 11, 2001.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law provides for the state to pay a $250,000 death benefit and a $100,000 disability
benefit for Louisiana National Guardsmen killed or permanently disabled during periods of
activation ordered by the Governor of Louisiana or the President of the United States in the
course of the business of the military force of Louisiana.
Present law provides that eligibility for death benefits will be made by the Louisiana Army
National Guard and eligibility for total, permanent disability be determined by the United
States Department of Veterans Affairs and certified by the Louisiana Department of
Veterans Affairs.
Proposed law provides that if a guardsman's initial application for disability benefits to the
United States Department of Veterans Affairs is rejected but subsequently granted after
further consideration, that guardsman will be eligible for the state disability benefits
provided for in present law.
Proposed law provides for retroactive application of proposed law to September 11, 2001.
Effective August 1, 2012.
(Amends R.S. 29:26.1(E)(2))