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 28 Engrossed 2021 Regular Session Adams
Abstract: Provides relative to beneficiaries of members of the Firefighters' Retirement System
(FRS).
Proposed law authorizes payment of benefits to an estate administrator on behalf of a spouse or child
if the spouse or child is a legatee and the testament contains a provision for informal acceptance.
Provides procedures for such payments.
Proposed law requires the estate administrator to notify the system in writing immediately upon the
death of any legatee receiving a benefit. Provides that if payment is contested, the system shall
withhold the disputed payment, institute a concursus action, and deposit the disputed benefit into
registry of the court pending a final judgment.
Proposed law provides that if a member names a permanently disabled child to receive a benefit,
then a medical determination of such disability shall be performed in immediate proximity to but
before the member retires or enters into the Deferred Retirement Option Plan.
Proposed law provides if the FRS board has approved a medical determination of a member's
mentally or physically disabled child or children for purposes of retirement benefits, then that
determination is sufficient for the purpose of survivor benefits.
Proposed law provides that if the member requests the system to perform a medical determination
of the disabled child and the member does not allocate at least half of his reduced benefit to the
child, the member shall pay the cost of the medical determination.
(Amends R.S. 11:2252(6), 2256(B)(3) and (G), 2256.2(A) and (E), and 2259(A)(3); Adds R.S.
11:2256.2(F) and 2259(A)(4))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Retirement to the original bill:
1. Remove provisions pertaining to the removal of a former spouse as a beneficiary.
2. Add provisions making a disability determination for retirement purposes sufficient for
survivor purposes.