RÉSUMÉ DIGEST
ACT 323 (SB 16) 2016 Regular Session Peacock
Prior law, relative to the Sheriffs' Pension and Relief Fund (Fund), provided 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.
New law retains prior 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 new law.
New 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.
New 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. New law further provides that in no case shall
the benefit total be more than 100% of the member's FAC.
New 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.
New 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.
New 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.
New 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))