2016 Regular Session ENROLLED
SENATE BILL NO. 12
BY SENATOR PEACOCK
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.
18 * * *
19 §1345.7. Disability retirement
20 * * *
21 B. If a member's total and permanent disability occurs for reasons other
22 than in the performance of his duties and the member has earned at least ten years
23 of service credit in this Plan, then the member shall be entitled to disability benefits
24 under the provisions of R.S. 11:1313(B)(2).
25 * * *
ACT No. 322
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 12 ENROLLED
1 D. If the application for disability benefits is not filed while the member
2 is in service, it shall be presumed that the disability was not incurred while the
3 member was an active contributing member in active service. Such presumption
4 may be overcome only by clear, competent, and convincing evidence that the
5 disability was incurred while the member was an active contributing member
6 in active service.
7 Section 2. R.S. 11:211 is hereby repealed.
8 Section 3. This Act shall become effective on June 30, 2016; if vetoed by the
9 governor and subsequently approved by the legislature, this Act shall become effective on
10 June 30, 2016, or on the day following such approval by the legislature, whichever is later.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.