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 R.S. 11:211 is hereby repealed. 15 Section 3.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.