Louisiana House Bill HB986

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/13/12
• Report Pass: 4/23/12
• Engrossed: 5/2/12
• Refer: 5/3/12
• Report Pass: 5/14/12
• Enrolled: 5/21/12
• Chaptered: 5/31/12
• Passed: 5/31/12

Caption

Provides for the distribution of benefits from the Firefighters' Retirement System to a trust for a child (EN NO IMPACT APV)

Impact

The enactment of HB 986 is expected to modernize and enhance the protections for surviving children of deceased members of the Firefighters' Retirement System in Louisiana. By permitting the benefits to be paid into a trust, it aims to ensure that those who depend on the firefighter for support will continue to receive financial assistance. The flexibility provided by the bill is intended to help families navigate the financial difficulties that may arise after the loss of a primary breadwinner. Additionally, it allows for continued support for children who are mentally or physically handicapped, extending financial aid beyond the age of eighteen under specific conditions.

Summary

House Bill 986 primarily amends the provisions surrounding the distribution of benefits from the Firefighters' Retirement System, particularly focusing on how benefits can be allocated to trusts established for the benefit of a deceased firefighter's children. The bill allows members to designate all or a portion of their retirement benefits to be placed in a trust to benefit their minor children or physically or mentally handicapped children, ensuring that the survivors receive financial support even after the member's passing. This represents a significant change in how retirement benefits can be managed posthumously, providing a safety net for families.

Sentiment

The sentiment around HB 986 was largely supportive among lawmakers, with a unanimous vote in the Senate underscoring the collective agreement on the necessity and benefits of the bill. The discussions highlighted the importance of ensuring that retired firefighters' families are afforded benefits that address their unique circumstances. However, there may be concerns regarding the management of trust funds and ensuring the integrity of benefit distribution amidst potential legal challenges with beneficiaries, especially in cases where trusts are contested.

Contention

While the general reception of HB 986 was positive, some concerns were raised about the implications of introducing trusts into the retirement benefits process. Potential points of contention could arise regarding the legal complexities and administrative burdens involved in establishing and managing these trusts, particularly in cases of contested distributions. There is also the necessity to safeguard against inappropriate use of funds within trusts to ensure that the benefits are used properly for the well-being of the children. Balancing these concerns with the intended support for surviving family members remains a critical point of discussion.