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2021 Regular Session
SENATE BILL NO. 23
BY SENATORS FESI AND JOHNS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STATE POLICE RETIREMENT. Provides certain enhanced survivor benefits and
insurance coverage for the spouses and children of members killed in the line of duty.
(2/3 - CA10s29(F)) (6/30/21)
1 AN ACT
2 To amend and reenact R.S. 42:851(E)(2) and (P), R.S. 11:1316(B)(2) and (E) and
3 1345.8(B)(2) and (D), relative to the State Police Retirement System; to provide
4 relative to continuing health care coverage for a surviving spouse and child; to
5 provide with respect to health care premium subsidy; to provide limitations; to
6 provide relative to survivors of members killed in the line of duty; to provide with
7 respect to survivors' benefits for members killed in the line of duty by an intentional
8 act of violence; to provide for an effective date; and to provide for related matters.
9 Notice of intention to introduce this Act has been published.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 42:851(E)(2) and (P) are hereby amended and reacted to read as
12 follows:
13 §851. Authority for employee benefit programs; payroll deduction for payment of
14 premiums
15 * * *
16 E.(1) * * *
17 (2) The Office of Group Benefits shall promulgate all rules necessary to carry
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1 out the provisions of Subsections A through E, P, and U of this Section.
2 * * *
3 P.(1) Any person who is eligible for and receives disability retirement
4 benefits from a retirement system created under the laws of this state, shall receive
5 the same retiree health care premium subsidy as an individual who has participated
6 for twenty or more years in the Office of Group Benefits health care program. In
7 order to be eligible for the retiree health care premium subsidy, the person shall have
8 participated in health care programs sponsored by the Office of Group Benefits for
9 the number of years sufficient to earn disability retirement benefits.
10 (2)(a) Notwithstanding any provision of law to the contrary, a spouse
11 who is eligible for and receives survivor benefits from the State Police
12 Retirement System pursuant to R.S. 11:1316 or 1345.8 shall be eligible to
13 participate in the Office of Group Benefits health care program and receive the
14 same health care premium subsidy as a retiree who has participated for twenty
15 or more years in the Office of Group Benefits health care program. For the
16 spouse to be eligible for the retiree health care premium subsidy, the member
17 shall have participated in health care programs sponsored by the Office of
18 Group Benefits for the number of years sufficient to earn survivor retirement
19 benefits. A spouse who did not meet the qualifications for health care premium
20 subsidy coverage pursuant to this Paragraph due to the date of death of the
21 member occurring prior to June 30, 2021, shall have the option to select
22 coverage no later than December 31, 2021.
23 (b) Notwithstanding any provision of law to the contrary, a child who has
24 not attained the age of twenty-six years or a child who has a disability or is
25 mentally incapacitated regardless of age who is eligible for and receives, or who
26 was eligible for and received, survivor benefits from the State Police Retirement
27 System pursuant to R.S. 11:1316 or 1345.8 shall be eligible to participate in the
28 Office of Group Benefits health care program and receive the same health care
29 premium subsidy as a retiree who has participated for twenty or more years in
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1 the Office of Group Benefits health care program. For the child to be eligible
2 for the retiree health care premium subsidy, the member shall have participated
3 in health care programs sponsored by the Office of Group Benefits for the
4 number of years sufficient to earn survivor retirement benefits. A child who did
5 not meet the qualifications for health care premium subsidy coverage pursuant
6 to this Paragraph due to the date of death of the member occurring prior to
7 June 30, 2021, shall have the option to select coverage no later than
8 December 31, 2021.
9 * * *
10 Section 2. R.S. 11:1316(B)(2) and (E), and 1345.8(B)(2) and (D) are hereby
11 amended and reacted to read as follows:
12 §1316. Death in the line of duty; death by an intentional act of violence; certain
13 members hired on or before December 31, 2010; benefit for surviving
14 spouse of deceased employee; minor children with no surviving
15 spouse
16 * * *
17 B.(1) * * *
18 (2)(a) The surviving spouse of any such sworn commissioned law
19 enforcement officer of the office of state police of the Department of Public Safety
20 and Corrections who is killed by an intentional act of violence in the discharge of his
21 duties, or dies from immediate effects of any injury received as the result of an
22 intentional act of violence occurring while engaged in the discharge of his duties,
23 shall receive a survivor benefit equal to one hundred percent of the salary being
24 received by the employee at the time of the decedent's death or injury, provided the
25 surviving spouse was married to the decedent at the time of the event which resulted
26 in the officer's death.
27 (b) Beginning in Fiscal Year 2021-2022 and in each year thereafter, the
28 benefit shall, on the anniversary of the officer's death, be increased by three
29 percent until the benefit equals the maximum of the officer's paygrade for his
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1 classification under the pay plan that applied to the officer on his date of death.
2 * * *
3 E. Any surviving spouse of a member killed on or before June 29, 2017, by
4 an intentional act of violence who would qualify for the survivor benefit provided
5 for in Paragraph Subparagraph (B)(2)(a) of this Section shall have any survivor
6 benefit payable on or after June 30, 2017, increased to the amount calculated
7 pursuant to Paragraph Subparagraph (B)(2)(a) of this Section regardless of the date
8 of death of the member.
9 * * *
10 §1345.8. Survivors' benefit for members killed in the line of duty; death by an
11 intentional act of violence
12 * * *
13 B.(1) * * *
14 (2)(a) If the member has a surviving spouse, a child or children who are
15 minors, have a disability, or are mentally incapacitated, or both a surviving spouse
16 and a child or children, and the member is killed by an intentional act of violence or
17 dies as a direct result of an injury sustained as a consequence of an intentional act of
18 violence, the amount of the total benefit shall equal one hundred percent of the
19 member's salary at the time of death. The benefit shall be shared equally by the
20 surviving spouse and any children. When a child who neither has a disability nor is
21 mentally incapacitated no longer meets the definition of minor child under R.S.
22 11:1301, his benefit shall cease, and the remaining beneficiaries shall have their
23 shares adjusted accordingly.
24 (b) Beginning in Fiscal Year 2021-2022 and in each year thereafter, the
25 benefit shall, on the anniversary of the officer's death, be increased by three
26 percent until the benefit equals the maximum of the officer's paygrade for his
27 classification under the pay plan that applied to the officer on his date of death.
28 * * *
29 D. Any surviving spouse of a member killed on or before June 29, 2017, by
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1 an intentional act of violence who would qualify for the survivor benefit provided
2 for in Paragraph Subparagraph (B)(2)(a) of this Section shall have any benefit
3 payable on or after June 30, 2017, increased to the amount calculated pursuant to
4 Paragraph Subparagraph (B)(2)(a) of this Section regardless of the date of death
5 of the member.
6 Section 3. The cost of this Act shall be funded with additional employer contributions
7 in compliance with Article X, Section 29(F) of the Louisiana Constitution.
8 Section 4. This Act shall become effective on June 30, 2021; if vetoed by the
9 governor and subsequently approved by the legislature, this Act shall become effective on
10 June 30, 2021, or on the day following such approval by the legislature, whichever is earlier.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
SB 23 Engrossed 2021 Regular Session Fesi
Present law provides that the Office of Group Benefits (OGB) shall promulgate all rules
necessary to carry out the provisions of present law relative to retiree health care premium
subsidy of an individual who has participated in the OGB health care program.
Present law provides that any person who is eligible for and receives disability retirement
benefits from a retirement system created under the laws of this state, shall receive the same
retiree health care premium subsidy as an individual who has participated for 20 or more
years in the OGB health care program (currently 75%). In order to be eligible for the retiree
health care premium subsidy, the person shall have participated in health care programs
sponsored by the OGB for the number of years sufficient to earn disability retirement
benefits.
Proposed law retains present law.
Proposed law provides that notwithstanding any provision of law to the contrary, a spouse
or a child who has not attained the age of 26 years, or a child who has a disability or is
mentally incapacitated regardless of age, who is eligible to receive survivor retirement
benefits from the State Police Retirement System (SPRS) pursuant to present law shall be
eligible to participate in the OGB health care program and receive the same health care
premium subsidy as a retiree who has participated for 20 or more years in the OGB health
care program.
Proposed law provides that to be eligible for the retiree health care premium subsidy, the
decedent shall have participated in health care programs sponsored by the OGB for the
number of years sufficient to earn survivor benefits at the time of his death. A spouse or
child who does not meet the qualifications for health care premium subsidy coverage
pursuant to proposed law due to the date of death of the decedent occurring prior to June 30,
2021, shall have the option to select coverage no later than December 31, 2021.
Present law, relative to SPRS members hired on or by December 31, 2021, or earlier,
provides that the surviving spouse of any such sworn commissioned law enforcement officer
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of the office of state police of the Department of Public Safety and Corrections (DPS&C)
who is killed by an intentional act of violence in the discharge of his duties, or dies from the
immediate effects of any injury received as the result of an intentional act of violence
occurring while engaged in the discharge of his duties, shall receive a survivor benefit equal
to 100% of the salary being received by the employee at the time of the decedent's death or
injury, provided the surviving spouse was married to the decedent at the time of the event
which resulted in the officer's death.
Proposed law retains present law.
Proposed law provides that beginning in Fiscal Year 2021-2022 and in each year thereafter,
the benefit shall, on the anniversary of the officer's death, be increased by three percent until
the benefit equals the maximum of the officer's paygrade for his classification under the pay
plan that applied to the officer on his date of death.
Present law, relative to SPRS members hired January 1, 2011, or after provides that if the
member has a surviving spouse, a child or children who are minors, have a disability, or are
mentally incapacitated, or both a surviving spouse and a child or children, and the member
is killed by an intentional act of violence or dies as a direct result of an injury sustained as
a consequence of an intentional act of violence, the amount of the total benefit shall equal
100% of the member's salary at the time of death. The benefit shall be shared equally by the
surviving spouse and any children. When a child who neither has a disability nor is mentally
incapacitated no longer meets the definition of minor child under present law, his benefit
shall cease, and the remaining beneficiaries shall have their shares adjusted accordingly.
Effective June 30, 2021.
(Amends R.S. 42:851(E)(2) and (P), R.S. 11:1316(B)(2) and (E) and 1345.8(B)(2) and (D))
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