The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SB 222 Original 2017 Regular Session Erdey
Proposed law declares that the public policy of this state, under its police power, is to provide for
certain benefits to firemen and law enforcement officers determined to be permanently and totally
disabled as the direct and proximate result of a catastrophic injury arising out of and in the course
of the performance of their official duties.
Contains the following definitions:
(1)"Board" means the Law Enforcement Officers and Firemen's Survivor Benefit Review Board
created and provided for in R.S. 40:1665.3.
(2)"Catastrophic injury" means an injury caused by an individual having the specific intent to
kill an officer who is engaged in the performance of his official duties, the direct and
proximate consequences of which permanently prevent the officer from performing any
gainful work.
(3)"Officer" includes "firemen" as defined in R.S. 40:1665 and "law enforcement officers" as
defined in R.S. 40:1665.2.
Provides that in any case in which an officer is determined to be permanently and totally disabled
as the direct and proximate result of a catastrophic injury arising out of and in the course of the
performance of the officer's official duties, premiums due from the officer for the amount and type
of life, health, accident, accidental death and dismemberment, hospital, surgical and medical expense
insurance maintained by the officer through the officer's employer at the time of the catastrophic
injury shall be paid by the state risk manager out of the Self-Insurance Fund, from the date of the
catastrophic injury until the officer's death and that the premiums paid are in addition to any other
benefit or income due to the injured officer.
Provides that within one year after the employing authority has knowledge of the permanent and total
disability of an officer under circumstances covered by proposed law, the employing authority of the
office shall notify the Law Enforcement Officers and Firemen's Survivor Benefit Review Board of
the disability, the date of the catastrophic injury for which the disability is a result, the circumstances
surrounding the injury, and such other information as may be requested by the board. Provides that
the officer seeking the benefits provided in proposed law may notify the board providing the required
information. Provides that nothing in proposed law shall prevent the board from initiating
proceedings before being notified by the employing authority or officer.
Requires that the board hear and decide by unanimous vote all claims for disability benefits within
60 days after documentation is received. Authorizes the board to request any information necessary to make a determination of eligibility for disability benefits.
Requires that within 10 days after the board has reached its decision, it notify the officer of its
decision by certified mail. If the board denies the claim, the officer shall have one year from the date
of denial to file suit against the state through the board in the parish where the incident that brought
about the permanent and total disability occurred. The date of denial shall be calculated as one year
from date of receipt of the decision from the board.
Provides that if the board determines the officer qualifies for the benefit herein, the board shall notify
the state risk manager.
Provides that no benefit is payable under proposed law with respect to the disability of an officer if
a benefit is payable under present law with respect to the death of the officer. Further, no benefit is
payable under present law with respect to the death of an officer if a benefit is payable under
proposed law with respect to the disability of the officer.
Provides that no benefit shall be payable under proposed law if any of the following applies:
(1)The catastrophic injury was caused by the intentional misconduct of the officer or by the
officer's intention to bring about his death, disability, or injury.
(2)The officer was voluntarily intoxicated at the time of his catastrophic injury.
(3)The officer was performing his duties in a grossly negligent manner at the time of his
catastrophic injury.
Present law creates the Self-Insurance Fund in the state treasury consisting of all premiums paid by
state agencies under the state's risk management program, the investment income earned from such
premiums and commissions. Present law provides that the fund shall be used only for the payment
of losses incurred by state agencies under the self-insurance program, premiums for insurance
obtained through commercial carriers, administrative expenses associated with the management of
the state's risk, law enforcement officers and firemen's survivors benefits, the payment of losses
incurred by the Jefferson Parish Human Services Authority, the Capital Area Human Services
District, the Florida Parishes Human Services Authority, the Metropolitan Human Services District,
the Northeast Delta Human Services Authority, and the South Central Louisiana Human Services
Authority, and the funding of the legal services, such funds to be administered by the commissioner
of administration.
Proposed law adds that the fund shall also be used to pay law enforcement officers' and firemen's
disability benefits as provided for in proposed law. Otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 39:1533(A); adds R.S. 40:1668)