2016 Regular Session ENROLLED
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
REPRESENTATIVES ABRAHAM, ADAMS, AMEDEE, BACALA,
BAGLEY, BAGNERIS, BARRAS, BERTHELOT, BILLIOT, BISHOP,
BOUIE, BROADWATER, TERRY BROWN, CARPENTER, GARY
CARTER, STEVE CARTER, CHANEY, CONNICK, COUSSAN, COX,
DAVIS, DEVILLIER, DWIGHT, EDMONDS, EMERSON,
FALCONER, GAINES, GISCLAIR, GUINN, LANCE HARRIS,
HAVARD, HOFFMANN, HOLLIS, HORTON, HOWARD, IVEY,
JAMES, JEFFERSON, MIKE JOHNSON, JONES, NANCY LANDRY,
LEBAS, LEGER, LYONS, MAGEE, MIGUEZ, GREGORY MILLER,
MONTOUCET, JAY MORRIS, JIM MORRIS, POPE, PRICE,
PYLANT, REYNOLDS, RICHARD, SCHEXNAYDER, SEABAUGH,
STOKES, WHITE AND ZERINGUE
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).
ACT No. 323
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 16 ENROLLED
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
30 member's final average compensation. The sum shall be divided equally among
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 16 ENROLLED
1 the surviving children in the form of a monthly benefit and shall be payable to
2 a trust satisfactory to the fund and established by law until such time as the
3 minor child reaches the age of majority.
4 (d) Unless he is physically or mentally disabled, as each child attains the
5 age of eighteen, or the age of twenty-three years if a student, his benefit shall
6 cease.
7 * * *
8 Section 2. 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:
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.