RÉSUMÉ DIGEST
ACT 606 (HB 123) 2022 Regular Session Mike Johnson
Existing law provides for definitions.
New law retains existing 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".
Existing law provides that all death benefits claims provided under existing 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.
Existing 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.
New law retains existing 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.
Existing 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 existing law. Provides that such benefits shall be paid only when funds
are available, having been appropriated for the purpose.
New law retains existing 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.
Existing 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.
New law retains existing 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.
Effective August 1, 2022.
(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))