DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 10 Engrossed 2018 Regular Session Ivey
Abstract: Reduces delay for payment of refunded employee contributions from no less than 90 days
to no less than 30 days upon board approval of requested refund and eliminates accelerated
refunds based on hardship for members of the Firefighters' Retirement System (the system)
and provides survivor benefit for the surviving spouse and children of a member of the
system who is also a commissioned law enforcement officer killed by an intentional act of
violence while engaged in the discharge of his law enforcement duties.
Payment of Refunded Employee Contributions
Present law provides that any member of the system who ceases to be an employee, except by death
or retirement, may apply for and obtain a refund of the amount of the accumulated contributions on
deposit in his individual account. To obtain a refund, the member must complete and submit an
application form certified by the employer not earlier than 30 days after termination or resignation.
Present law provides that refunds of accumulated employee contributions shall not be payable until
at least 90 days after termination or resignation. Proposed law provides that refunds shall not be
payable until approved by the board of trustees and until 30 days have elapsed after termination or
resignation.
Present law provides that the board may authorize the refund of accumulated employee contributions
after 45 days have elapsed after termination or resignation, provided the accelerated refund is based
on a bona fide emergency circumstance. Further provides that each such refund shall be approved
by the board before the refund is paid. Proposed law repeals present law.
Survivor Benefits
Present law provides for the survivor benefit for the spouse and children of a member of the system
who was killed in the line of duty. Present law provides that the surviving spouse's benefit shall
equal 2/3 of the member's average final compensation. Further provides that the surviving child's
benefit shall equal up to 40% of the member's final average compensation, under certain
circumstances.
Proposed law provides for the survivor benefit for the spouse and children of a member who is also
a commissioned law enforcement officer and who is killed by an intentional act of violence while
engaged in the discharge of his law enforcement duties. Proposed law provides that the benefit
payable to the surviving spouse shall be equal to 100% of the member's salary paid by the participating employer. If the member leaves no surviving spouse, proposed law provides that the
benefit payable to the surviving children shall be equal to 100% of the member's salary, divided
prorata between the children and adjusted as any child loses eligibility for the benefit.
Proposed law provides that any surviving spouse or children of a member killed on or before July
1, 2018, by an intentional act of violence who would otherwise qualify for the survivor benefit
provided for by proposed law shall have any survivor benefit payable on or after July 1, 2018,
increased to 100% of the member's salary.
Effective July 1, 2018.
(Amends R.S. 11:2256(B)(2) and (3) and (E)(1) and (3))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Retirement to the original bill:
1. Create an increased survivor benefit for the surviving spouse and children of a member
of the system who is also a commissioned law enforcement officer killed by an
intentional act of violence while engaged in the discharge of his law enforcement duties.