Louisiana 2021 2021 Regular Session

Louisiana Senate Bill SB23 Comm Sub / Analysis

                    The original instrument was prepared by Angela L. De Jean. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Tammy Crain-Waldrop.
DIGEST
SB 23 Reengrossed 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 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) and R.S. 11:1316(B)(2) and (E) and 1345.8(B)(2) and (D))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Makes technical changes.