ENROLLED
ACT No. 2
2020 Regular Session
HOUSE BILL NO. 11
BY REPRESENTATIVE CARPENTER
1 AN ACT
2 To amend and reenact R.S. 11:2256(A)(3) and (B)(1)(d), to enact R.S. 11:2256(A)(6), and
3 to repeal R.S. 11:2256(B)(1)(f), relative to benefits in the Firefighters' Retirement
4 System; to provide with respect to payment of benefits if a member dies prior to
5 retirement; to provide for a benefit recipient; and to provide for related matters.
6 Notice of intention to introduce this Act has been published
7 as provided by Article X, Section 29(C) of the Constitution
8 of Louisiana.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 11:2256(A)(3) and (B)(1)(d) are hereby amended and reenacted and
11 R.S. 11:2256(A)(6) is hereby enacted to read as follows:
12 ยง2256. Benefits; refund of contributions, application, and payment
13 A.
14 * * *
15 (3)(a) Any member who has completed twenty or more years of creditable
16 service and who leaves employment covered by this system before attaining age fifty
17 or any member who has completed twelve or more years of creditable service and
18 who leaves employment covered by this system before attaining age fifty-five may
19 select, at any time prior to thirty days before the date that benefits are scheduled to
20 commence to the member, any optional retirement allowance as provided for in R.S.
21 11:2259; within the same time period allowed above, the member may change the
22 option selected or the beneficiary of the option selected or both.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 11 ENROLLED
1 (b) However, in the event of the death of if the member dies after the
2 selection of the option but prior to the commencement of benefits, the optional
3 benefit will become payable to the option beneficiary, at the time the member would
4 have otherwise begun to receive benefits. In the event that If the member selects
5 neither the maximum regular retirement benefit nor an optional retirement allowance
6 within the time period allowed above, Option 2 will be automatically assumed to
7 have been selected and the member's designated beneficiary shall be the beneficiary
8 of the option. prior to thirty days before the date that benefits are scheduled to
9 commence, the surviving eligible spouse shall be paid benefits as though the member
10 had elected Option 2 of R.S. 11:2259, naming the member's surviving eligible spouse
11 as the option beneficiary. If a member has no surviving eligible spouse, the
12 designated beneficiary shall be the option beneficiary. However, in the event that
13 If a member has no surviving eligible spouse or designated beneficiary, the
14 accumulated contributions of the member shall be refunded to his estate immediately
15 upon receipt of proof of death.
16 * * *
17 (6) For purposes of this Section, "surviving eligible spouse" means the
18 spouse who was married to and living with the member at the time of his death.
19 B.(1) Benefits shall be payable to the surviving eligible spouse or designated
20 beneficiary of a deceased member as specified in the following:
21 * * *
22 (d) If any active contributing member who is eligible for retirement dies
23 before retiring, the member's designated beneficiary surviving eligible spouse shall
24 automatically be paid benefits as though the member had retired on the date of the
25 death and elected Option 2 of R.S. 11:2259, naming the member's designated
26 beneficiary surviving eligible spouse as the option beneficiary of the option. If a
27 member has no surviving eligible spouse, the designated beneficiary shall be the
28 option beneficiary. This benefit shall be payable even though if the member may has
29 not have completed one year of membership service at the date of death. Any person
30 entitled to benefits under this Subparagraph may decline such benefits and elect to
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 11 ENROLLED
1 receive benefits under Subparagraph (a) or (b) of this Paragraph, whichever is
2 applicable.
3 * * *
4 Section 2. R.S. 11:2256(B)(1)(f) is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.