Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB12 Introduced / Bill

                    SLS 16RS-74	ORIGINAL
2016 Regular Session
SENATE BILL NO. 12
BY SENATOR PEACOCK 
STATE POLICE RET FUND.  Removes redundant provisions of law and makes technical
changes. (6/30/16)
1	AN ACT
2 To amend and reenact R.S. 11:1345.7(B), to enact R.S. 11:1313(D) and 1345.7(D), and to
3 repeal R.S. 11:211, relative to disability benefits for the Louisiana State Police
4 Retirement System; to provide for technical changes; to provide for an effective date;
5 and to provide for related matters.
6	Notice of intention to introduce this Act has been published.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 11:1345.7(B) is hereby amended and reenacted and R.S. 11:1313(D)
9 and R.S. 11:1345.7(D) are hereby enacted to read as follows:
10 §1313. Disability retirement; eligibility
11	*          *          *
12	D. If the application for disability benefits is not filed while the member
13 is in service, it shall be presumed that the disability was not incurred while the
14 member was an active contributing member in active service. Such presumption
15 may be overcome only by clear, competent, and convincing evidence that the
16 disability was incurred while the member was an active contributing member
17 in active service.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 12
SLS 16RS-74	ORIGINAL
1 §1345.7.  Disability retirement
2	*          *          *
3	B. If a member's total and permanent disability occurs for reasons other
4 than in the performance of his duties and the member has earned at least ten years
5 of service credit in this Plan, then the member shall be entitled to disability benefits
6 under the provisions of R.S. 11:1313(B)(2).
7	*          *          *
8	D. If the application for disability benefits is not filed while the member
9 is in service, it shall be presumed that the disability was not incurred while the
10 member was an active contributing member in active service. Such presumption
11 may be overcome only by clear, competent, and convincing evidence that the
12 disability was incurred while the member was an active contributing member
13 in active service.
14 Section 2. R.S. 11:211 is hereby repealed.
15 Section 3. This Act shall become effective on June 30, 2016; if vetoed by the
16 governor and subsequently approved by the legislature, this Act shall become effective on
17 June 30, 2016, or on the day following such approval by the legislature, whichever is later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 12 Original	2016 Regular Session	Peacock
Present law (R.S. 11:1313 and 1345.7) provides for retirement due to total and permanent
disability at the La. State Police Retirement System (Troopers). 
Present law (R.S. 11:211), also relative to the Troopers, provides for retirement due to total
or partial disability.
Proposed law repeals language referring to total or partial disability.
Present law provides for a presumption that a disability was not incurred while the member
was in active, contributing status if the disability benefit application is not filed before the
member leaves service.
Proposed law retains present law.
Effective June 30, 2016.
(Amends R.S. 11:1345.7(B); adds R.S. 11:1313(D) and 1345.7(D); repeals R.S. 11:211)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.