SLS 16RS-25 REENGROSSED
2016 Regular Session
SENATE BILL NO. 16
BY SENATORS PEACOCK, ALARIO, ALLAIN, APPEL, BARROW, BOUDREAUX,
BROWN, CARTER, CHABERT, CLAITOR, COLOMB, CORTEZ,
ERDEY, GATTI, HEWITT, JOHNS, LAFLEUR, LAMBERT, LONG,
LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, MORRELL,
MORRISH, PERRY, RISER, GARY SMITH, JOHN SMITH, TARVER,
THOMPSON, WALSWORTH, WARD AND WHITE AND
REPRESENTATIVE BACALA
SHERIFFS PEN/RELIEF FUND. Provides for a benefit for survivors of members killed in
the line of duty by an intentional violent act. (2/3 - CA10s29(F)) (6/30/16)
1 AN ACT
2 To enact R.S. 11:2178(D)(4), relative to the Sheriffs' Pension and Relief Fund; to provide
3 for the death benefits of survivors of certain members; to provide for qualifications
4 to receive death benefits; to provide for benefit calculations; to provide for an
5 effective date; 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. 11:2178(D)(4) is hereby enacted to read as follows:
9 ยง2178. Disability benefits; retirement benefits; death benefits
10 * * *
11 D.(1) * * *
12 (4) The following death benefits are applicable and shall be paid to the
13 survivors, as defined in Subsection E of this Section, of a member who in the
14 performance of his official duties as a commissioned law enforcement officer
15 dies as a result of an intentional violent act:
16 (a) For a surviving spouse alone, the benefit shall be the greater of the
17 benefits defined in R.S. 11:2178(D)(3)(a)(i) or R.S. 11:2178(J)(1).
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1 (b) If there is a surviving spouse entitled to benefits and a child or
2 children under eighteen years of age, or over that age if physically or mentally
3 incapacitated, or a surviving child under twenty-three years of age who is
4 enrolled at a board-approved or accredited school, college, or university,
5 enrolled in a sufficient number of courses and classes in such institution to be
6 classified as a full-time student in good standing, under the criteria used by the
7 institution, and who is dependent upon the deceased at the time of death, an
8 additional benefit equaling the difference between the total benefit to the
9 surviving spouse, as defined in Subparagraph (a) of this Paragraph, and one
10 hundred percent of the member's final average compensation shall be equally
11 divided and paid to the surviving child or children. The total benefits paid to
12 survivors shall not exceed one hundred percent of the member's final average
13 compensation.
14 (i) If the surviving spouse dies while benefits are still being paid to the
15 surviving child or children, the surviving spouse's benefit shall be divided
16 equally and paid to the remaining eligible surviving child or children.
17 (ii) In the event of the death of a surviving spouse, while any eligible
18 surviving child or children are below the age of majority, the benefits available
19 to the surviving minor child or children shall be payable to a trust satisfactory
20 to the fund and established by law until such time as the minor child reaches the
21 age of majority.
22 (c) If there is no surviving spouse entitled to benefits, any child or
23 children under eighteen years of age, or over that age if physically or mentally
24 incapacitated, or a surviving child under twenty-three years of age who is
25 enrolled at a board-approved or accredited school, college, or university,
26 enrolled in a sufficient number of courses and classes in such institution to be
27 classified as a full-time student in good standing, under the criteria used by the
28 institution in which the student is enrolled, and who is dependent upon the
29 deceased, shall be eligible to receive a sum equal to one hundred percent of the
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1 member's final average compensation. The sum shall be divided equally among
2 the surviving children in the form of a monthly benefit and shall be payable to
3 a trust satisfactory to the fund and established by law until such time as the
4 minor child reaches the age of majority.
5 (d) Unless he is physically or mentally disabled, as each child attains the
6 age of eighteen, or the age of twenty-three years if a student, his benefit shall
7 cease.
8 * * *
9 Section 2. This Act shall become effective on June 30, 2016; if vetoed by the
10 governor and subsequently approved by the legislature, this Act shall become effective on
11 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 16 Reengrossed 2016 Regular Session Peacock
Present law, relative to the Sheriffs' Pension and Relief Fund (Fund), provides for death
benefits to be paid to a member's surviving spouse or minor children born of the marriage
or both if the member dies while in the line of duty.
Proposed law retains present law and further provides that when a member dies in the line
of duty because of an intentional violent act the surviving spouse or minor children or both
shall be eligible to receive death benefit in accordance with proposed law.
Proposed law provides that the surviving spouse shall be eligible to receive the greater of
50% of the member's final average compensation (FAC) or a reduced benefit as if the
member had retired on the date of death.
Proposed law provides that if the member leaves a child or children in addition to the
surviving spouse, the child or children shall be eligible to receive a benefit equaling the
difference between the benefit received by the spouse and 100% of the member's FAC. The
difference shall be divided equally among the children. Proposed law further provides that
in no case shall the benefit total be more than 100% of the member's FAC.
Proposed law provides that when a child reaches the age of 18, the benefit shall cease unless
the child is enrolled as a full-time student in good standing at a board-approved or accredited
school, college, or university and is under the age of 23.
Proposed law provides that in the event of the death of the surviving spouse while any
eligible surviving child or children are still eligible to receive a benefit, the surviving
spouse's portion of the death benefit shall be divided equally amongst all eligible children.
Proposed law provides that if there is no surviving spouse, any child or children shall be
eligible to receive 100% of the member's FAC divided equally among the surviving children.
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Proposed law provides that if there is no surviving spouse, the benefit payable to the minor
child or children shall be paid to a trust satisfactory to the Fund and established by law.
Effective June 30, 2016.
(Adds R.S. 11:2178(D)(4))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Makes technical bureau amendments.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.