HLS 15RS-385 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 46
BY REPRESENTATIVES REYNOLDS, HOFFMANN, HOLLIS, IVEY, MILLER,
JONES, MONTOUCET, OURSO, PRICE, AND TALBOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
RETIREMENT/STATE EMPS: Provides relative to benefits for minor children of certain
wildlife agents in the enforcement division of the Department of Wildlife and
Fisheries
1 AN ACT
2To amend and reenact R.S. 11:586(A)(introductory paragraph) and (B), 587, 589, 590(B)
3 and (C), and 591(A), relative to benefits for children of certain wildlife agents in the
4 enforcement division of the Department of Wildlife and Fisheries, to authorize
5 receipt of benefits, in certain circumstances, after a child reaches majority; to provide
6 relative to the marital status of such child and his eligibility for benefits; and to
7 provide for related matters.
8 Notice of intention to introduce this Act has been published
9 as provided by Article X, Section 29(C) of the Constitution
10 of Louisiana.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 11:586(A)(introductory paragraph) and (B), 587, 589, 590(B) and
13(C), and 591(A) are hereby amended and reenacted to read as follows:
14 §586. Death benefits of minor children
15 A. If there is no surviving spouse to receive the pension due a widow of any
16 member under R.S. 11:585, the minor children under eighteen years of age of the
17 deceased member, if any, shall receive a monthly pension in the proportions set out
18 herein as follows:
19 * * *
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1 B. As each child reaches eighteen years of age When a child no longer meets
2 the definition of minor child as provided in R.S. 11:403, he shall receive no further
3 benefits and the monthly pension shall be reduced by the amount previously paid to
4 him.
5 §587. Death benefits of parents
6 If there is no surviving spouse and no minor children under eighteen, a
7 monthly pension of twenty-five percent of the average compensation of the deceased
8 member shall be paid to the parent or parents of the deceased member, if they, or
9 either of them, derived their main support from the member.
10 * * *
11 §589. Death before age fifty-five
12 The surviving spouse, the minor children under eighteen years of age, or the
13 dependent parents of any member who dies prior to attaining age fifty-five and
14 whose death occurs other than in the line of duty, but who at the time of death had
15 at least fifteen years of service credit, shall be entitled to the same pension rights to
16 which said member would have been entitled had he, at the time of death, retired in
17 accordance with the provisions of R.S. 11:582, but computed solely on the basis of
18 the number of years of service to his credit and without regard to his attained age at
19 time of death.
20 §590. Forfeiture for remarriage
21 * * *
22 B. If there are minor children under eighteen years of age, the pension
23 previously paid to the widow, or the portion thereof to which the deceased member's
24 minor children under eighteen years of age are entitled under the provisions of this
25 Subpart, shall be paid to the children in the same manner and for the same length of
26 time as provided in R.S. 11:586 for the payment of pensions to children.
27 C. If there are no minor children under eighteen years of age, the parent or
28 parents of the deceased member who derived their main support from him shall
29 receive the pension provided for them under the provisions of R.S. 11:587.
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1 §591. Death of retired member
2 A. The surviving spouse, the minor children under eighteen years of age, or
3 the dependent parents of any retired member who dies shall receive as a pension
4 seventy-five percent of the monthly retirement pay which was being paid to the
5 member prior to his death, in the following order of priority:
6 (1) The surviving spouse.
7 (2) The minor children of the deceased member who are under eighteen
8 years of age, in the same manner and for the same length of time as provided in R.S.
9 11:588.
10 (3) The parents of the deceased, if they furnish to the board satisfactory
11 proof that they were deriving their main support from the deceased member.
12 * * *
13 Section 2. The cost of this Act, if any, shall be funded with additional employer
14contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.
15 Section 3. This Act shall become effective upon signature by the governor or, if not
16signed by the governor, upon expiration of the time for bills to become law without signature
17by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18vetoed by the governor and subsequently approved by the legislature, this Act shall become
19effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 46 Engrossed 2015 Regular Session Reynolds
Abstract: Authorizes receipt of benefits, in certain circumstances, for surviving children
of wildlife agents in the enforcement division of the Dept. of Wildlife and Fisheries
who have reached the age of majority.
Present law (R.S. 11:581 et seq) establishes retirement benefits from the Louisiana State
Employees' Retirement System (LASERS) for wildlife agents in the enforcement division
of the Dept. of Wildlife & Fisheries whose first employment making them eligible for
membership in one of the state systems occurred on or before Dec. 31, 2010.
Present law authorizes payment of benefits for children of deceased wildlife agents until the
child reaches age 18. Proposed law provides that as long as the child meets the definition
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of "minor child" in present law, such child is eligible to receive benefits. Present law (R.S.
11:403(19)), defines "minor child", for the purposes of LASERS statutes, as an unmarried
child under the age of 18 years or an unmarried student under the age of 23 years who is the
issue of a marriage of a member of the system, the legally adopted child of a member of the
system, a child born outside of marriage of a female member of the system, or the child of
a male member of the system if acknowledged or filiated pursuant to the provisions of the
Civil Code.
Proposed law requires that any cost of proposed law be funded with additional employer
contributions in compliance with Art. X, Sec. 29(F) of the state constitution.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 11:586(A)(intro. para.) and (B), 587, 589, 590(B) and (C), and 591(A))
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