2017 Regular Session ENROLLED
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 AND
REPRESENTATIVES ABRAHAM, ANDERS, BACALA, BAGLEY,
BAGNERIS, BARRAS, BOUIE, BROADWATER, CHAD BROWN,
TERRY BROWN, CARMODY, ROBBY CARTER, CHANEY, COX,
CREWS, DANAHAY, DAVIS, DEVILLIER, EDMONDS, EMERSON,
GAINES, GISCLAIR, HALL, HILFERTY, HILL, HOFFMANN,
HOLLIS, HORTON, HOWARD, HUVAL, JEFFERSON, JENKINS,
TERRY LANDRY, LEBAS, LYONS, MACK, MARCELLE, MIGUEZ,
GREGORY MILLER, JIM MORRIS, NORTON, PEARSON, POPE,
REYNOLDS, RICHARD, SCHRODER, SEABAUGH, SHADOIN,
SMITH, STAGNI, STEFANSKI, THOMAS AND WHITE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
18 the state systems occurred on or before December 31, 2010.
ACT No. 284
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1 (1) The surviving spouse of any such sworn commissioned law enforcement
2 officer of the office of state police of the Department of Public Safety and
3 Corrections who is killed in the discharge of his duties, or dies from immediate
4 effects of any injury received as the result of an act of violence occurring while
5 engaged in the discharge of his duties, shall be pensioned at receive a survivor
6 benefit equal to seventy-five percent of the salary being received by the employee
7 at the time of the decedent's death or injury, provided the surviving spouse was
8 married to the decedent at the time of the event which resulted in the officer's death.
9 (2) The surviving spouse of any such sworn commissioned law
10 enforcement officer of the office of state police of the Department of Public
11 Safety and Corrections who is killed by an intentional act of violence in the
12 discharge of his duties, or dies from immediate effects of any injury received as
13 the result of an intentional act of violence occurring while engaged in the
14 discharge of his duties, shall receive a survivor benefit equal to one hundred
15 percent of the salary being received by the employee at the time of the
16 decedent's death or injury, provided the surviving spouse was married to the
17 decedent at the time of the event which resulted in the officer's death.
18 B. Notwithstanding the forfeiture provisions of R.S. 11:1321, the pension
19 benefit of a surviving spouse covered by Subsection A of this Section shall be paid
20 until the death of the surviving spouse.
21 C.(1) If there is no surviving spouse of any state police employee whose
22 death results from injury received in line of duty covered by Subsection A of this
23 Section, then any surviving minor children shall be pensioned receive the survivor
24 benefit at the amounts set forth in Subsection A of this Section.
25 (2) As each minor child reaches eighteen years of age, or twenty-three years
26 of age if a student, he shall receive no further benefits.
27 D. Any surviving spouse of a member killed on or before June 29, 2017,
28 by an intentional act of violence who would qualify for the survivor benefit
29 provided for in Paragraph (A)(2) of this Section shall have any survivor benefit
30 payable on or after June 30, 2017, increased to the amount calculated pursuant
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1 to Paragraph (A)(2) of this Section regardless of the date of death of the
2 member.
3 * * *
4 §1345.8. Survivors' benefit for members killed in the line of duty; death by an
5 intentional act of violence
6 A. If a member's death occurs in the line of duty or is a direct result of an
7 injury sustained while in the line of duty, survivor benefits shall be payable to
8 qualified survivors as provided for in this Section, except that a survivor shall be
9 eligible for benefits under this Section without regard to the amount of time that the
10 surviving spouse was married to the deceased member and without regard to the
11 amount of time that the deceased was a member of this plan. This benefit is payable
12 only if the injury or injuries were sustained while on active duty status.
13 B.(1) If the member has a surviving spouse, a child or children who are
14 minors, have a disability, or are mentally incapacitated, or both a surviving spouse
15 and a child or children, the amount of the total benefit shall equal eighty percent
16 of the member's average compensation. The benefit shall be shared equally by the
17 surviving spouse and any children. When a child who neither has a disability nor is
18 mentally incapacitated no longer meets the definition of minor child under R.S.
19 11:1301, his benefit shall cease, and the remaining beneficiaries shall have their
20 shares adjusted accordingly.
21 (2) If the member has a surviving spouse, a child or children who are
22 minors, have a disability, or are mentally incapacitated, or both a surviving
23 spouse and a child or children, and the member is killed by an intentional act
24 of violence or dies as a direct result of an injury sustained as a consequence of
25 an intentional act of violence, the amount of the total benefit shall equal one
26 hundred percent of the member's salary at the time of death. The benefit shall
27 be shared equally by the surviving spouse and any children. When a child who
28 neither has a disability nor is mentally incapacitated no longer meets the
29 definition of minor child under R.S. 11:1301, his benefit shall cease, and the
30 remaining beneficiaries shall have their shares adjusted accordingly.
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1 C. Notwithstanding the forfeiture provisions of R.S. 11:1321, the benefit
2 of a surviving spouse covered by Subsection B of this Section shall be paid until
3 the death of the surviving spouse.
4 D. Any surviving spouse of a member killed on or before June 29, 2017,
5 by an intentional act of violence who would qualify for the survivor benefit
6 provided for in Paragraph (B)(2) of this Section shall have any benefit payable
7 on or after June 30, 2017, increased to the amount calculated pursuant to
8 Paragraph (B)(2) of this Section regardless of the date of death of the member.
9 Section 2. The cost of this Act, if any, shall be funded through additional employer
10 contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.
11 Section 3. The Louisiana State Police Retirement System board of trustees shall
12 electronically notify all members of the legislature when a survivor benefit is granted
13 pursuant to R.S. 11:1316(A)(2) or 1345.8(B)(2) as provided for in this Act.
14 Section 4. This Act shall become effective on June 30, 2017; if vetoed by the
15 governor and subsequently approved by the legislature, this Act shall become effective on
16 June 30, 2017, 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:
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