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Regular Session, 2012 ENROLLED
SENATE BILL NO. 35
BY SENATOR GUILLORY
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
benefits is not filed while the member is in service, it shall be presumed that the18
disability was not incurred while the member was an active contributing member in19
active service. Such presumption may be overcome only by clear, competent, and20
convincing evidence that the disability was incurred while the member was an active21
contributing member in active service.22
B. A member who becomes disabled, and who files for disability benefits23
while in service, and who upon medical examination and certification as24
provided for elsewhere in this Subpart, is found to be totally disabled for any25
cause other than injuries sustained in the performance of his official duties,26
ACT No. 528 SB NO. 35 ENROLLED
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provided the member has at least ten years of creditable service, and provided1
that the disability was incurred while the member was an active contributing2
member in active service, shall be entitled to disability benefits under the3
provisions of R.S. 11:2178(B)(3).4
C. If the application for disability benefits is not filed while the member5
is in service, it shall be presumed that the disability was not incurred while the6
member was an active contributing member in active service. Such presumption7
may be overcome only by clear, competent, and convincing evidence that the8
disability was incurred while the member was an active contributing member9
in active service.10
* * *11
§2178. Disability benefits; retirement benefits; death benefits12
* * *13
B. The board of trustees shall award disability benefits to eligible members14
who have been officially certified as disabled by the State Medical Disability Board.15
The disability benefit shall be as follows:16
(1)(a) The disability benefit for total disability from gainful employment shall17
be the lesser of (i) or (ii) as set forth herein:18
(i) A sum equal to the greater of forty-five percent of final average19
compensation or the member's accrued retirement benefit at the time of termination20
of employment due to disability, or21
(ii) The retirement benefit which would be payable assuming accrued22
creditable service plus additional continued service, if any, to the earliest normal23
retirement age based on final average compensation at the time of termination of24
employment due to disability.25
(b)(i) For the purpose of this Subsection, for any member whose first26
employment making him eligible for membership in the system began prior to July27
1, 2006, final average compensation is defined as the member's average salary for28
the thirty-six highest successive months of employment, or the highest thirty-six29
successive joined months of employment where interruption of service occurred. If30 SB NO. 35 ENROLLED
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the member has been employed for a period of less than thirty-six months, final1
average compensation shall be based on the average monthly salary received for the2
time employed.3
(ii) For the purpose of this Subsection, for any member whose first4
employment making him eligible for membership in the system began on or after5
July 1, 2006, final average compensation is defined as the member's average salary6
for the sixty highest successive months of employment, or the highest sixty7
successive joined months of employment where interruption of service occurred. If8
the member has been employed for a period of less than sixty months, final average9
compensation shall be based on the average monthly salary received for the time10
employed.11
(iii) Upon approval for disability benefits, the member shall exercise a12
retirement option as provided for service retirement under the provisions of13
Subsection I of this Section and no change in the option selected shall be permitted14
after it has been filed with the board. The retirement option factors shall be the same15
as those utilized for regular retirement based on the age of the retiree and spouse had16
the retiree continued in active service until the normal retirement date.17
(c) A member who is classified as totally disabled for any employment shall18
be entitled to earn twenty-five percent of his disability benefit in a calendar year19
before being reclassified as partially disabled.20
(2) The benefit for partial disability shall be seventy-five percent of the21
amount that the member would have received for total disability.22
Service related disability benefit. (a) The disability benefit for total23
disability from gainful employment due to an injury sustained while in the24
performance of official duties shall be a sum equal to forty-five percent of final25
average compensation.26
(b)(i) For the purpose of this Subsection, for any member whose first27
employment making him eligible for membership in the system began prior to28
July 1, 2006, final average compensation is defined as the member's average29
salary for the thirty-six highest successive months of employment, or the highest30 SB NO. 35 ENROLLED
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thirty-six successive joined months of employment where interruption of service1
occurred. If the member has been employed for a period of less than thirty-six2
months, final average compensation shall be based on the average monthly3
salary received for the time employed.4
(ii) For the purpose of this Subsection, for any member whose first5
employment making him eligible for membership in the system began on or6
after July 1, 2006, final average compensation is defined as the member's7
average salary for the sixty highest successive months of employment, or the8
highest sixty successive joined months of employment where interruption of9
service occurred. If the member has been employed for a period of less than10
sixty months, final average compensation shall be based on the average monthly11
salary received for the time employed.12
(c) A member who is classified as totally disabled for any employment13
shall be entitled to earn twenty-five percent of his disability benefit in a14
calendar year before being reclassified as partially disabled.15
(2) Supplemental service related disability benefit. (a) A member who16
is eligible for a service related disability under R.S. 11:207(A) shall be entitled17
to a supplemental service related disability benefit if the benefit to which he is18
entitled under R.S. 11:207(A) is less than the benefit the member would have19
received had he retired under R.S. 11:207(B).20
(b) The amount of the member's supplemental service-related disability21
benefit shall be equal to the difference between the member's service-related22
disability benefit calculated under R.S. 11:2178(B)(1) and the maximum23
non-service related disability benefit the member would have received had he24
retired under R.S. 11:2178(B)(3).25
(3) Non-service related disability benefit. (a) The disability benefit for26
total disability caused by an injury other than an injury sustained in the27
performance of a member's official duties shall be the lesser of:28
(i) A sum equal to the greater of forty-five percent of final average29
compensation or the member's accrued retirement benefit at the time of30 SB NO. 35 ENROLLED
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termination of employment due to disability.1
(ii) The retirement benefit which would be payable assuming accrued2
creditable service plus additional continued service, if any, to the earliest3
possible retirement age based on final average compensation at the time of4
termination of 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 to7
July 1, 2006, final 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.10
If the member has been employed for a period of less than thirty-six months,11
final average compensation shall be based on the average monthly salary12
received for the 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 or15
after July 1, 2006, final average compensation is defined as the member's16
average salary for the sixty highest successive months of employment, or the17
highest sixty successive joined months of employment where interruption of18
service occurred. If the member has been employed for a period of less than19
sixty months, final average compensation shall be based on the average monthly20
salary received for the time 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 be24
permitted after it has been filed with the board. The retirement option factors25
shall be the same as those utilized for regular retirement based on the age of the26
retiree and spouse had the retiree continued in active service until the normal27
retirement date.28
(c) A member who is classified as totally disabled for any employment29
shall be entitled to earn twenty-five percent of his disability benefit in a30 SB NO. 35 ENROLLED
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calendar year before being reclassified as partially disabled.1
(d) Upon attaining the age of fifty-five, and upon application to the board2
of trustees, a member who has retired under the disability retirement provisions3
of this Subsection may convert his disability retirement to regular retirement4
described in R.S. 11:2178(C).5
(4) The benefit for partial disability shall be seventy-five percent of the6
amount that the member would have received for total disability.7
* * *8
G. If any sheriff or deputy dies while in the armed services of the United9
States and while the United States is actually engaged in war, his widow, child or10
children, or dependent parent or parents shall be entitled to the benefits herein11
provided for such persons when the sheriff or deputy dies while serving as sheriff or12
deputy. Effective January 1, 2007, in the case of a member who dies while on a13
leave of absence to perform qualified military service as described in Section14
414(u) of the Internal Revenue Code, the member's beneficiary shall be entitled15
to any benefits that would have been provided, other than benefit accruals16
relating to the period of qualified military service, under the plan had the17
member resumed and then terminated employment on account of death, in18
accordance with Section 401(a)(37) of the Internal Revenue Code. However, the19
member's beneficiary shall be entitled to benefit accruals relating to the period20
of qualified military service provided the member's beneficiary timely remits21
to the fund any employee contributions which would have been required but for22
the member's leave of absence to perform qualified military service, in23
accordance with the terms of federal law and R.S. 11:2186.24
* * *25
§2186. Reemployment of a member under Section 414(u) of the Internal26
Revenue Code27
The qualified military service of a member who has been reemployed28
under the terms of Section 414(u) of the Internal Revenue Code shall be treated,29
for vesting and benefit accrual purposes, as service completed under R.S.30 SB NO. 35 ENROLLED
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11:2178, provided the member timely remits to the fund any employee1
contributions which would have been required but for the member's leave of2
absence to perform qualified military service, in accordance with the terms of3
federal law.4
Section 2. This Act shall become effective on June 30, 2012; if vetoed by the5
governor and subsequently approved by the legislature, this Act shall become effective on6
June 30, 2012, or on the day following such approval by the legislature, whichever is later.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: