SLS 18RS-700 ORIGINAL
2018 Regular Session
SENATE BILL NO. 423
BY SENATOR RISER
PUBLIC EMPLOYEES. Provides a survivor benefit for teachers and other school
employees killed in the line of duty. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 39:1533(A)(1) and to enact Part III of Chapter 2 of Title 17 of
3 the Louisiana Revised Statutes of 1950, to be comprised of R.S. 17:571, and R.S.
4 39:1533(A)(3), relative to death benefits for employees of the public educational
5 system in certain cases; to provide for benefits for surviving spouses and children of
6 such employees who suffer death; to provide for payment of benefits; to provide for
7 notification of death; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Part III of Chapter 2 of Title 17 of the Louisiana Revised Statutes of 1950,
10 comprised of R.S. 17:571, is hereby enacted to read as follows:
11 PART III. TEACHERS AND SCHOOL EMP LOYEES - SURVIVOR BENEF ITS
12 §571. Financial security for surviving spouses and children of teachers or
13 school employees in certain cases
14 A. It is hereby declared to be the public policy of this state, under its
15 police power, to provide for the financial security of surviving spouses and
16 dependent children of teachers or school employees when they suffer death as
17 a result of any injury arising out of and in the course of the performance of
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1 their official duties as teachers or school employees.
2 B. Definitions. The following words and phrases used in this Section shall
3 have the following meanings, unless a different meaning is clearly required by
4 the context:
5 (1) "Board", in the case of the death of an employee of a city, parish, or
6 other local public school board, means the State Board of Elementary and
7 Secondary Education. "Board", in the case of the death of an employee of a
8 public postsecondary educational institution, means the Board of Regents.
9 (2) "Child or "children" means any person who is the issue of a marriage
10 of a teacher or school employee; the legally adopted child of a teacher or school
11 employee; the natural child of a female teacher or school employee; the child of
12 a teacher or school employee if a court of competent jurisdiction has made an
13 order of filiation declaring the paternity of such teacher or school employee for
14 the child; or the child of a male teacher or school employee who has been
15 acknowledged in accordance with law by the male teacher or school employee.
16 (3) "Dependent child" or "dependent children" means any unmarried
17 child under the age of eighteen years or an unmarried student under the age of
18 twenty-three years. In addition, "dependent child" or "dependent children"
19 shall include a child of any age who has a physical or mental disability, if
20 medical or psychological information indicates such child is totally and
21 permanently disabled and is dependent upon the teacher or school employee for
22 support.
23 (4) "School employee" means an employee of a city, parish, or other local
24 public school board or of a public postsecondary educational institution in this
25 state whose position of employment does not include instructing pupils in
26 courses in classroom situations.
27 (5) "Spouse" means and includes the lawfully married spouse of any
28 teacher or school employee from whom there has not been obtained a judicial
29 separation of bed and board or divorce at the time of the teacher's or school
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1 employee's death.
2 (6) "Teacher" means an employee of a city, parish, or other local public
3 school board or of a public postsecondary educational institution in this state
4 whose position of employment includes instructing pupils in courses in
5 classroom situations.
6 C.(1) In any case in which a teacher or school employee suffers death as
7 a result of an injury arising out of and in the course of the performance of his
8 official duties as a teacher or school employee, the sum of two hundred fifty
9 thousand dollars shall be paid to the surviving spouse of the teacher or school
10 employee or, if not survived by a spouse, the sum of two hundred fifty thousand
11 dollars shall be paid to the surviving child or children or, if not survived by a
12 spouse nor a child or children, then the sum of two hundred fifty thousand
13 dollars shall be paid to the named beneficiary listed on the designation form or,
14 if there is no beneficiary designation form at the time of the death, and no
15 surviving spouse nor a child or children, then the sum of two hundred fifty
16 thousand dollars shall be paid to the estate of the teacher or school employee.
17 (2) Each teacher or school employee shall complete a beneficiary
18 designation form.
19 (3) In addition, if the teacher or school employee is survived by a
20 dependent child or children, the sum of twenty-five thousand dollars shall be
21 paid for each of the dependent children, such sums to be paid to the duly
22 appointed and qualified tutor or the legal representative of the child or
23 children. Payment shall be made by the state risk manager out of the
24 Self-Insurance Fund created in R.S. 39:1533(A).
25 (4)(a) In order to facilitate the operation of this Section, within one year
26 after the employing authority has knowledge of the death of a teacher or school
27 employee under circumstances covered by this Section or under circumstances
28 believed by him or by the surviving spouse, parent or parents, or the legal
29 representative of an eligible surviving child or children to be covered by the
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1 provisions of this Section, he shall notify the appropriate board of the death, the
2 date thereof, and the circumstances surrounding the death, and shall furnish
3 such other information as may be requested by the board.
4 (b) The board shall hear and decide by unanimous vote all claims for
5 survivor benefits within sixty days after documentation is received. The board
6 may request any information necessary to make a determination of eligibility
7 for survivor benefits. Nothing in this Section shall prevent the board from
8 initiating proceedings before being notified by the employing authority.
9 (c) Within ten days after the board has reached its decision, it shall notify
10 the spouse and/or dependent children of its decision by certified mail. If the
11 board denies the claim, the spouse and/or dependent children shall have one
12 year from the date of denial to file suit against the state through the board in the
13 parish where the incident that brought about the death occurred. The date of
14 denial shall be calculated as one year from date of receipt of the decision from
15 the board.
16 (5) If, at the time of his death, the teacher or school employee is not
17 married to the other natural parent of any minor child or children who are
18 entitled to receive a payment pursuant to this Section, the payment shall be
19 made to any person designated as a trustee by the teacher or school employee
20 on a form provided by his employer.
21 Section 2. R.S. 39:1533(A)(1) is hereby amended and reenacted and R.S.
22 39:1533(A)(3) is hereby enacted to read as follows:
23 §1533. Self-Insurance Fund
24 A.(1) There is hereby created in the Department of the Treasury a special
25 fund to be known as the "Self-Insurance Fund". The fund shall consist of all
26 premiums paid by state agencies under the state's risk management program as
27 established by this Chapter, the investment income earned from such premiums, and
28 commissions retained in accordance with the provisions of this Title. This fund shall
29 be used only for the payment of losses incurred by state agencies under the
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1 self-insurance program, premiums for insurance obtained through commercial
2 carriers, administrative expenses associated with the management of the state's risk,
3 law enforcement officers and firemen's survivors benefits as provided for in R.S.
4 40:1665(C) and 1665.2(C), law enforcement officers and firemen's disability benefits
5 as provided for in R.S. 40:1668, teachers and school employees survivor benefits
6 as provided for in R.S. 17:571, the payment of losses incurred by the Jefferson
7 Parish Human Services Authority in accordance with R.S. 28:831(J), the payment
8 of losses incurred by the Capital Area Human Services District in accordance with
9 R.S. 28:906, the payment of losses incurred by the Florida Parishes Human Services
10 Authority in accordance with R.S. 28:856, the payment of losses incurred by the
11 Metropolitan Human Services District in accordance with R.S. 28:866, the payment
12 of losses incurred by the Northeast Delta Human Services Authority in accordance
13 with R.S. 28:896, the payment of losses incurred by the South Central Louisiana
14 Human Services Authority in accordance with R.S. 28:876, and the funding of the
15 legal services, such funds to be administered by the commissioner of administration.
16 * * *
17 (3) Payments for teachers and school employees benefits as provided for
18 in R.S. 17:571 shall be made by the office of risk management on behalf of the
19 board as a result of a specific appropriation received for that purpose.
20 * * *
21 Section 3. This Act shall become effective upon signature by the governor or, if not
22 signed by the governor, upon expiration of the time for bills to become law without signature
23 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
24 vetoed by the governor and subsequently approved by the legislature, this Act shall become
25 effective on the day following such approval.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 423 Original 2018 Regular Session Riser
Proposed law provides for a survivors benefit to be paid to the spouse and dependant
children of teachers or school employees who suffer death as a result of any injury incurred
in the course of performance of their official duties.
Proposed law provides for definitions.
Proposed law provides that the sum of $250,000 shall be paid to the surviving spouse of the
teacher or school employee or, if not survived by a spouse, it shall be paid to the surviving
child or children or, if not survived by a spouse nor a child or children, then it shall be paid
to the named beneficiary.
Proposed law provides that each teacher or school employee shall complete a beneficiary
designation form.
Proposed law also provides that if the teacher or school employee is survived by a dependent
child or children, $25,000 shall be paid to each of the dependent children, such sums to be
paid to the duly appointed and qualified tutor or the legal representative of the child or
children.
Proposed law provides that the employing authority shall notify the Louisiana State Board
of Elementary and Secondary Education (BESE) or the Board of Regents, as applicable,
within one year of the knowledge of the death of a teacher or school employee under
circumstances covered by proposed law.
Proposed law provides that the board shall be provided with notification of the death, the
date thereof, and the circumstances surrounding the death, and shall be furnished such other
information as may be requested.
Proposed law provides that if, at the time of his death, the teacher or school employee is not
married to the other natural parent of any minor child or children who are entitled to receive
a payment pursuant to proposed law, the payment shall be made to any person designated
as a trustee by the teacher or school employee on a form provided by his employer.
Present law provides for the Self-Insurance Fund within the Dept. of the Treasury.
Present law provides for the Self-Insurance Fund to be used for specified purposes including
payment of law enforcement officers and firemen's survivor and disability benefits.
Proposed law provides for the Self-Insurance Fund to be used for the purpose of payment
of survivor benefits for the teacher or school employee.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 39:1533(A)(1); adds R.S. 17:571 and R.S. 39:1533(A)(3))
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