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Regular Session, 2012
SENATE BILL NO. 35
BY SENATOR GUILLORY
SHERIFFS. Provides relative to benefits. (6/30/12)
AN ACT1
To amend and reenact R.S. 11:207 and 2178(B) and (G) and to enact R.S. 11:2186, relative2
to the Sheriffs' Pension and Relief Fund; to provide for benefits; to provide for an3
effective date; and to provide for related matters.4
Notice of intention to introduce this Act has been published.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 11:207 and 2178(B) and (G) are hereby amended and reenacted and7
R.S. 11:2186 is hereby enacted to read as follows: 8
§207. Sheriffs' Pension and Relief Fund 9
A. A member who becomes disabled, and who files an application for10
disability benefits while in service, and who upon medical examination and11
certification as provided for elsewhere in this Subpart, is found to be totally disabled12
solely as the result of injuries sustained in the performance of his official duties, or13
for any cause, provided the member has at least ten years of creditable service, and14
provided that the disability was incurred while the member was an active15
contributing member in active service, shall be entitled to disability benefits under16
the provisions of R.S. 11:2178(B)(1). However, if the application for disability17 SB NO. 35
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benefits is not filed while the member is in service, it shall be presumed that the1
disability was not incurred while the member was an active contributing member in2
active service. Such presumption may be overcome only by clear, competent, and3
convincing evidence that the disability was incurred while the member was an active4
contributing member in active service.5
B. A member who becomes disabled, and who files for disability benefits6
while in service, and who upon medical examination and certification as7
provided for elsewhere in this Subpart, is found to be totally disabled for any8
cause other than injuries sustained in the performance of his official duties,9
provided the member has at least ten years of creditable service, and provided10
that the disability was incurred while the member was an active contributing11
member in active service, shall be entitled to disability benefits under the12
provisions of R.S. 11:2178(B)(3).13
C. If the application for disability benefits is not filed while the member14
is in service, it shall be presumed that the disability was not incurred while the15
member was an active contributing member in active service. Such presumption16
may be overcome only by clear, competent, and convincing evidence that the17
disability was incurred while the member was an active contributing member18
in active service.19
* * *20
§2178. Disability benefits; retirement benefits; death benefits21
* * *22
B. The board of trustees shall award disability benefits to eligible members23
who have been officially certified as disabled by the State Medical Disability Board.24
The disability benefit shall be as follows:25
(1) (a) The disability benefit for total disability from gainful employment26
shall be the lesser of (i) or (ii) as set forth herein:27
(i) A sum equal to the greater of forty-five percent of final average28
compensation or the member's accrued retirement benefit at the time of termination29 SB NO. 35
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of employment due to disability, or1
(ii) The retirement benefit which would be payable assuming accrued2
creditable service plus additional continued service, if any, to the earliest normal3
retirement age based on final average compensation at the time of termination of4
employment due to disability.5
(b)(i) For the purpose of this Subsection, for any member whose first6
employment making him eligible for membership in the system began prior to July7
1, 2006, final average compensation is defined as the member's average salary for8
the thirty-six highest successive months of employment, or the highest thirty-six9
successive joined months of employment where interruption of service occurred. If10
the member has been employed for a period of less than thirty-six months, final11
average compensation shall be based on the average monthly salary received for the12
time employed.13
(ii) For the purpose of this Subsection, for any member whose first14
employment making him eligible for membership in the system began on or after15
July 1, 2006, final average compensation is defined as the member's average salary16
for the sixty highest successive months of employment , or the highest sixty17
successive joined months of employment where interruption of service occurred. If18
the member has been employed for a period of less than sixty months, final average19
compensation shall be based on the average monthly salary received for the time20
employed.21
(iii) Upon approval for disability benefits, the member shall exercise a22
retirement option as provided for service retirement under the provisions of23
Subsection I of this Section and no change in the option selected shall be permitted24
after it has been filed with the board. The retirement option factors shall be the same25
as those utilized for regular retirement based on the age of the retiree and spouse had26
the retiree continued in active service until the normal retirement date.27
(c) A member who is classified as totally disabled for any employment shall28
be entitled to earn twenty-fi ve percent of his disability benefit in a calendar year29 SB NO. 35
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before being reclassified as partially disabled.1
(2) The benefit for partial disability shall be seventy-five percent of the2
amount that the member would have received for total disability.3
(1) Service related disability benefit. (a) The disability benefit for total4
disability from gainful employment due to an injury sustained while in the5
performance of official duties shall be a sum equal to forty-five percent of final6
average compensation.7
(b)(i) For the purpose of this Subsection, for any member whose first8
employment making him eligible for membership in the system began prior to9
July 1, 2006, final average compensation is defined as the member's average10
salary for the thirty-six highest successive months of employment, or the highest11
thirty-six successive joined months of employment where interruption of service12
occurred. If the member has been employed for a period of less than thirty-six13
months, final average compensation shall be based on the average monthly14
salary received for the time employed.15
(ii) For the purpose of this Subsection, for any member whose first16
employment making him eligible for membership in the system began on or17
after July 1, 2006, final average compensation is defined as the member's18
average salary for the sixty highest successive months of employment, or the19
highest sixty successive joined months of employment where interruption of20
service occurred. If the member has been employed for a period of less than21
sixty months, final average compensation shall be based on the average monthly22
salary received for the time employed.23
(c) A member who is classified as totally disabled for any employment24
shall be entitled to earn twenty-five percent of his disability benefit in a25
calendar year before being reclassified as partially disabled.26
(2) Supplemental service related disability benefit. (a) A member who27
is eligible for a service related disability under R.S. 11:207(A) shall be entitled28
to a supplemental service related disability benefit if the benefit to which he is29 SB NO. 35
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entitled under R.S. 11:207(A) is less than the benefit the member would have1
received had he retired under R.S. 11:207(B).2
(b) The amount of the member's supplemental service-related disability3
benefit shall be equal to the difference between the member's service-related4
disability benefit calculated under R.S. 11:2178(B)(1) and the maximum5
non-service related disability benefit the member would have received had he6
retired under R.S. 11:2178(B)(3).7
(3) Non-service related disability benefit. (a) The disability benefit for8
total disability caused by an injury other than an injury sustained in the9
performance of a member's official duties shall be the lesser of:10
(i) A sum equal to the greater of forty-five percent of final average11
compensation or the member's accrued retirement benefit at the time of12
termination of employment due to disability.13
(ii) The retirement benefit which would be payable assuming accrued14
creditable service plus additional continued service, if any, to the earliest15
possible retirement age based on final average compensation at the time of16
termination of employment due to disability.17
(b)(i) For the purpose of this Subsection, for any member whose first18
employment making him eligible for membership in the system began prior to19
July 1, 2006, final compensation is defined as the member's average salary for20
the thirty-six highest successive months of employment, or the highest thirty-six21
successive joined months of employment where interruption of service occurred.22
If the member has been employed for a period of less than thirty-six months,23
final average compensation shall be based on the average monthly salary24
received for the time employed.25
(ii) For the purpose of this Subsection, for any member whose first26
employment making him eligible for membership in the system began on or27
after July 1, 2006, final average compensation is defined as the member's28
average salary for the sixty highest successive months of employment, or the29 SB NO. 35
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highest sixty successive joined months of employment where interruption of1
service occurred. If the member has been employed for a period of less than2
sixty months, final average compensation shall be based on the average monthly3
salary received for the time employed.4
(iii) Upon approval for disability benefits, the member shall exercise a5
retirement option as provided for service retirement under the provisions of6
Subsection I of this Section and no change in the option selected shall be7
permitted after it has been filed with the board. The retirement option factors8
shall be the same as those utilized for regular retirement based on the age of the9
retiree and spouse had the retiree continued in active service until the normal10
retirement date.11
(c) A member who is classified as totally disabled for any employment12
shall be entitled to earn twenty-five percent of his disability benefit in a13
calendar year before being reclassified as partially disabled.14
(d) Upon attaining the age of fifty-five, and upon application to the board15
of trustees, a member who has retired under the disability retirement provisions16
of this Subsection may convert his disability retirement to regular retirement17
described in R.S. 11:2178(C).18
(4) The benefit for partial disability shall be seventy-five percent of the19
amount that the member would have received for total disability.20
* * *21
G. If any sheriff or deputy dies while in the armed services of the United22
States and while the United States is actually engaged in war, his widow, child or23
children, or dependent parent or parents shall be entitled to the benefits herein24
provided for such persons when the sheriff or deputy dies while serving as sheriff or25
deputy. Effective January 1, 2007, in the case of a member who dies while on a26
leave of absence to perform qualified military service as described in IRC27
§414(u), the member's beneficiary shall be entitled to any benefits that would28
have been provided, other than benefit accruals relating to the period of29 SB NO. 35
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qualified military service, under the plan had the member resumed and then1
terminated employment on account of death, in accordance with IRC2
§401(a)(37). However, the member's beneficiary shall be entitled to benefit3
accruals relating to the period of qualified military service provided the4
member's beneficiary timely remits to the fund any employee contributions5
which would have been required but for the member's leave of absence to6
perform qualified military service, in accordance with the terms of federal law7
and R.S. 11:2186.8
* * *9
§2186. Reemployment of a member under IRC §414(u)10
The qualified military service of a member who has been reemployed11
under the terms of IRC §414(u) shall be treated, for vesting and benefit accrual12
purposes, as service completed under R.S. 11:2178, provided the member timely13
remits to the fund any employee contributions which would have been required14
but for the member's leave of absence to perform qualified military service, in15
accordance with the terms of federal law.16
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the17
governor and subsequently approved by the legislature, this Act shall become effective on18
June 30, 2012, or on the day following such approval by the legislature, whichever is later.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Laura Gail Sullivan.
DIGEST
Present law provides for benefits for members of the Sheriffs' Pension and Relief Fund
including members who become disabled or who are or have been on military leave.
Provides for compliance with present federal law regarding treatment of such members.
Proposed law provides for continued compliance with present federal law.
Effective June 30, 2012.
(Amends R.S. 11:207 and 2178(B) and (G); adds R.S. 11:2186)