SLS 17RS-39 REENGROSSED
2017 Regular Session
SENATE BILL NO. 7
BY SENATORS PEACOCK, ALARIO, ALLAIN, APPEL, BARROW, BISHOP,
CHABERT, COLOMB, CORTEZ, DONAHUE, ERDEY, FANNIN,
HEWITT, JOHNS, LAFLEUR, LAMBERT, LONG, MARTINY,
MILKOVICH, MILLS, MIZELL, MORRISH, RISER, GARY SMITH,
JOHN SMITH, THOMPSON, WALSWORTH AND WARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STATE POLICE RET FUND. Provides for benefits for survivors of members killed in the
line of duty by an intentional act of violence. (2/3 - CA10s29(F)) (6/30/17)
1 AN ACT
2 To amend and reenact R.S. 11:1316 and 1345.8, relative to members of the Louisiana State
3 Police Retirement System killed in the line of duty by an intentional act of violence;
4 to provide for the survivor benefits of these members; to provide for qualifications
5 to receive such survivor benefits; to provide for benefit calculations; to provide for
6 an effective date; and to provide for related matters.
7 Notice of intention to introduce this Act has been published.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 11:1316 and 1345.8 are hereby amended and reenacted to read as
10 follows:
11 §1316. Death in the line of duty; death by an intentional act of violence; certain
12 members hired on or before December 31, 2010; pension of benefit
13 for surviving spouse of deceased employee; minor children with no
14 surviving spouse
15 A. This Section shall apply to any sworn commissioned law enforcement
16 officer of the office of state police of the Department of Public Safety and
17 Corrections whose first employment making him eligible for membership in one of
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1 the state systems occurred on or before December 31, 2010.
2 (1) The surviving spouse of any such sworn commissioned law enforcement
3 officer of the office of state police of the Department of Public Safety and
4 Corrections who is killed in the discharge of his duties, or dies from immediate
5 effects of any injury received as the result of an act of violence occurring while
6 engaged in the discharge of his duties, shall be pensioned at receive a survivor
7 benefit equal to seventy-five percent of the salary being received by the employee
8 at the time of the decedent's death or injury, provided the surviving spouse was
9 married to the decedent at the time of the event which resulted in the officer's death.
10 (2) The surviving spouse of any such sworn commissioned law
11 enforcement officer of the office of state police of the Department of Public
12 Safety and Corrections who is killed by an intentional act of violence in the
13 discharge of his duties, or dies from immediate effects of any injury received as
14 the result of an intentional act of violence occurring while engaged in the
15 discharge of his duties, shall receive a survivor benefit equal to one hundred
16 percent of the salary being received by the employee at the time of the
17 decedent's death or injury, provided the surviving spouse was married to the
18 decedent at the time of the event which resulted in the officer's death.
19 B. Notwithstanding the forfeiture provisions of R.S. 11:1321, the pension
20 benefit of a surviving spouse covered by Subsection A of this Section shall be paid
21 until the death of the surviving spouse.
22 C.(1) If there is no surviving spouse of any state police employee whose
23 death results from injury received in line of duty covered by Subsection A of this
24 Section, then any surviving minor children shall be pensioned receive the survivor
25 benefit at the amounts set forth in Subsection A of this Section.
26 (2) As each minor child reaches eighteen years of age, or twenty-three years
27 of age if a student, he shall receive no further benefits.
28 D. Any surviving spouse of a member killed on or before June 29, 2017,
29 by an intentional act of violence who would qualify for the survivor benefit
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1 provided for in Paragraph (A)(2) of this Section shall have any survivor benefit
2 payable on or after June 30, 2017, increased to the amount calculated pursuant
3 to Paragraph (A)(2) of this Section regardless of the date of death of the
4 member.
5 * * *
6 §1345.8. Survivors' benefit for members killed in the line of duty; death by an
7 intentional act of violence
8 A. If a member's death occurs in the line of duty or is a direct result of an
9 injury sustained while in the line of duty, survivor benefits shall be payable to
10 qualified survivors as provided for in this Section, except that a survivor shall be
11 eligible for benefits under this Section without regard to the amount of time that the
12 surviving spouse was married to the deceased member and without regard to the
13 amount of time that the deceased was a member of this plan. This benefit is payable
14 only if the injury or injuries were sustained while on active duty status.
15 B.(1) If the member has a surviving spouse, a child or children who are
16 minors, have a disability, or are mentally incapacitated, or both a surviving spouse
17 and a child or children, the amount of the total benefit shall equal eighty percent
18 of the member's average compensation. The benefit shall be shared equally by the
19 surviving spouse and any children. When a child who neither has a disability nor is
20 mentally incapacitated no longer meets the definition of minor child under R.S.
21 11:1301, his benefit shall cease, and the remaining beneficiaries shall have their
22 shares adjusted accordingly.
23 (2) If the member has a surviving spouse, a child or children who are
24 minors, have a disability, or are mentally incapacitated, or both a surviving
25 spouse and a child or children, and the member is killed by an intentional act
26 of violence or dies as a direct result of an injury sustained as a consequence of
27 an intentional act of violence, the amount of the total benefit shall equal one
28 hundred percent of the member's salary at the time of death. The benefit shall
29 be shared equally by the surviving spouse and any children. When a child who
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1 neither has a disability nor is mentally incapacitated no longer meets the
2 definition of minor child under R.S. 11:1301, his benefit shall cease, and the
3 remaining beneficiaries shall have their shares adjusted accordingly.
4 C. Notwithstanding the forfeiture provisions of R.S. 11:1321, the benefit
5 of a surviving spouse covered by Subsection B of this Section shall be paid until
6 the death of the surviving spouse.
7 D. Any surviving spouse of a member killed on or before June 29, 2017,
8 by an intentional act of violence who would qualify for the survivor benefit
9 provided for in Paragraph (B)(2) of this Section shall have any benefit payable
10 on or after June 30, 2017, increased to the amount calculated pursuant to
11 Paragraph (B)(2) of this Section regardless of the date of death of the member.
12 Section 2. The cost of this Act, if any, shall be funded through additional employer
13 contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.
14 Section 3. The Louisiana State Police Retirement System board of trustees shall
15 electronically notify all members of the legislature when a survivor benefit is granted
16 pursuant to R.S. 11:1316(A)(2) or 1345.8(B)(2) as provided for in this Act.
17 Section 4. This Act shall become effective on June 30, 2017; if vetoed by the
18 governor and subsequently approved by the legislature, this Act shall become effective on
19 June 30, 2017, 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 7 Reengrossed 2017 Regular Session Peacock
Present law provides for the survivor benefit for the spouse and children of any sworn
commissioned law enforcement officer of the office of state police, who was first eligible
for the Louisiana State Police Retirement System (LSPRS) on or before December 31, 2010,
and who was killed in the line of duty or dies from immediate effects of an injury received
while in the line of duty. Present law provides that the benefit shall be equal to 75% of the
salary received by the officer at the time of death and shall be paid until the death of the
surviving spouse notwithstanding any forfeiture provisions in present law (R.S. 11:1321).
Proposed law provides for the survivor benefit for the spouse and children of any sworn
commissioned law enforcement officer of the office of state police, who was first eligible
for the LSPRS on or before December 31, 2010, and who was killed in the line of duty by
an intentional act of violence. Proposed law provides that the benefit shall be equal to 100%
of the salary received by the officer at the time of death and shall be paid until the death of
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the surviving spouse notwithstanding any forfeiture provisions in present law (R.S. 11:1321).
Proposed law provides that any surviving spouse of a member who was first eligible for the
LSPRS on or before December 31, 2010, killed on or before June 29, 2017, by an intentional
act of violence who would qualify for the survivor benefit provided for in proposed law shall
have any survivor benefit payable on or after June 30, 2017, increased to the amount
calculated pursuant to proposed law regardless of the date of death of the member.
Present law provides for the survivor benefit for the spouse and children of any sworn
commissioned law enforcement officer of the office of state police who was first eligible for
the LSPRS on or after January 1, 2011, and who was killed in the line of duty or died from
immediate effects of an injury received while in the line of duty. Present law provides that
the benefit shall be equal to 80% of the officer's average compensation without regard to the
amount of time that the deceased was a member of the plan.
Proposed law provides for the survivor benefit for the spouse and children of any sworn
commissioned law enforcement officer of the office of state police who was first eligible for
the LSPRS on or after January 1, 2011, and who was killed in the line of duty by an
intentional act of violence. Proposed law provides that the benefit shall be equal to 100% of
the officer's salary without regard to the amount of time that the deceased was a member of
the plan.
Proposed law provides that any surviving spouse of a member who was first eligible for the
LSPRS on or after January 1, 2011, killed on or before June 29, 2017, by an intentional act
of violence who would qualify for the survivor benefit provided for in proposed law shall
have any survivor benefit payable on or after June 30, 2017, increased to the amount
calculated pursuant to proposed law regardless of the date of death of the member.
Proposed law makes technical changes to clarify that the survivor benefit shall be paid until
the death of the surviving spouse notwithstanding any forfeiture provisions in present law
(R.S. 11:1321).
Proposed law provides that the LSPRS board of trustees shall electronically notify all
members of the legislature when a survivor benefit is granted pursuant to proposed law (R.S.
11:1316(A)(2) or R.S. 11:1345.8(A)(2).
Effective June 30, 2017.
(Amends R.S. 11:1316 and 1345.8)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Retirement to the
original bill
1. Makes technical changes.
Senate Floor Amendments to engrossed bill
1. Provides that the LSPRS board of certain trustees shall electronically notify
all members of the legislature when a survivor benefit is granted.
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