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 Engrossed 2022 Regular Session Mike Johnson
Abstract: Modifies the criteria for disability benefits available to La. 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 U.S. Dept. of Veterans Affairs
and certified by the La. 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 U.S., benefits in a lump-sum amount of $250,000
for a qualifying death, $100,000 for a qualifying disability, and $50,000 for a 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 U.S. 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 La. Dept. of Veterans Affairs
or his designee.
Proposed law retains present law and gives the U.S. 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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Change language contained in the definition of "guardsman or guardsmen".