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 123 Original 2022 Regular Session Mike Johnson
Abstract: Modifies the criteria for disability benefits available to Louisiana National Guardsmen.
Present law provides for definitions.
Proposed law retains present law and modifies the definitions of "guardsman or guardsmen", "period
of activation", and "qualifying subsequent examination". Creates the definition for "initial rating
decision" and changes the term "qualifying subsequent examination" to "qualifying disability".
Present law provides that all death benefits claims provided under present law shall be submitted to
the La. National Guard and that all claims for disability benefits shall be submitted to the La. Dept.
of Veterans Affairs.
Present law provides that a disability rating decision reached by the United States Dept. of Veterans
Affairs and certified by the Louisiana secretary of veterans affairs or his designee shall be included
in the documentation for a disability benefit claim.
Proposed law retains present law and provides that both a guardsman's initial rating decision and any
subsequent rating decision shall be included in the documentation for a disability benefit claim.
Present law provides for during periods of activation, subsequent to Sept. 11, 2001, of a guardsman
ordered by the governor or by the president of the United States, benefits in a lump-sum amount of
$250,000 for a qualifying death, $100,000 for a qualifying disability, and $50,000 for qualifying
subsequent examination shall be paid by the state to a guardsman or his beneficiary, when such death
or disability occurs during a period of activation in the line of duty as required by present law.
Provides that such benefits shall be paid only when funds are available, having been appropriated
for the purpose.
Proposed law retains present law and provides that a guardsman or his beneficiary shall be paid
$50,000 in benefits for a subsequent disability instead of a subsequent examination.
Present law provides that a qualifying disability shall be determined by the United States Dept. of
Veterans Affairs or by the proper state entity that adjudicates such claims for guardsmen in
accordance with state workers' compensation law and certified by the secretary of the Louisiana
Dept. of Veterans Affairs or his designee.
Proposed law retains present law and gives the United States Dept. of Veterans Affairs or the proper adjudicatory state entity the additional option of determining what is a qualifying subsequent
disability.
(Amends R.S. 29:26.1(B)(6)-(11), (C)(3)(b), (D)(1), and (E)(2); Adds R.S. 29:26.1(B)(12))