Louisiana Senate Bill SB12

Louisiana 2016 Regular Session

• Introduced: 1/25/16
• Refer: 1/25/16
• Refer: 3/14/16
• Report Pass: 3/21/16
• Engrossed: 3/30/16
• Refer: 3/31/16
• Report Pass: 5/5/16
• Enrolled: 5/24/16
• Chaptered: 6/2/16
• Passed: 6/2/16

Caption

Removes redundant provisions of law and makes technical changes. (6/30/16) (EN NO IMPACT APV)

Impact

The alteration in the law means that any member who does not file for disability benefits while actively serving may face difficulties in proving their case should they become disabled after leaving service. This legislative change emphasizes the importance of timely action regarding disability applications and intends to streamline the process, thus affecting both current police officers and the administration of the retirement system. The repeal of R.S. 11:211 further simplifies the framework governing these benefits by removing outdated provisions that may have led to confusion or redundancy.

Summary

Senate Bill No. 12, introduced by Senator Peacock, aims to amend and enhance the provisions related to disability benefits for members of the Louisiana State Police Retirement System. The bill focuses on clarifying eligibility requirements for disability retirement and makes several technical amendments to existing statutory language. Specifically, it proposes changes to R.S. 11:1345.7 and enacts new provisions in R.S. 11:1313, ensuring that applications for disability benefits must be filed while the member is still in active service to be deemed eligible. Failure to do so would create a presumption that the disability did not occur during active service, which could only be overturned by substantial evidence.

Sentiment

The introduction and passage of SB 12 generally reflects a proactive approach to managing the retirement benefits of law enforcement personnel. During its journey through legislative discussions, the bill garnered widespread support, culminating in a unanimous vote in the House. This strong bipartisan backing indicates a consensus on the need for these technical changes to protect the integrity of the retirement system while also addressing potential areas of misuse or misunderstanding, which could arise from vague provisions.

Contention

While the overall sentiment has been supportive, some concerns were raised regarding the presumption of non-service-connected disabilities and the potential impact on retired members who might face challenges in justifying their disabilities after leaving active duty. Critics highlighted that this presumption could place undue burdens on certain members who may need to provide extensive documentation to prove their eligibility for benefits post-service. However, the bill ultimately aims to enhance the clarity and efficiency of the disability benefits system without a fiscal impact on the state.