§ 11:2178 — Disability benefits; retirement benefits; death benefits
§2178. Disability benefits; retirement benefits; death benefits A. For purposes of this Section, the term "final average compensation" shall mean:
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§2178. Disability benefits; retirement benefits; death benefits
A. For purposes of this Section, the term "final average compensation" shall mean:
(1) For any member whose first employment making him eligible for membership
in the system began prior to July 1, 2006, the member's average salary for the thirty-six
highest successive months of employment, or the highest thirty-six successive joined months
of employment where interruption of service occurred. If the member has been employed
for a period of less than thirty-six months, final average compensation shall be based on the
average monthly salary received for the time employed. The earnings to be considered for
the thirteenth through the twenty-fourth month shall not exceed one hundred twenty-five
percent of the earnings of the first through the twelfth month. The earnings to be considered
for the final twelve months shall not exceed one hundred twenty-five percent of the earnings
of the thirteenth through the twenty-fourth month. Nothing in this Subsection, however, shall
change the method of determining the amount of earned compensation received.
(2) For any member whose first employment making him eligible for membership
in the system began on or after July 1, 2006, and prior to July 1, 2013, the member's average
salary for the sixty highest successive months of employment, or the highest sixty successive
joined months of employment where interruption of service occurred. If the member has been
employed for a period of less than sixty months, final average compensation shall be based
on the average monthly salary received for the time employed.
(3) For any member whose first employment making him eligible for membership
in the system began on or after July 1, 2013, final average compensation is defined as the
member's average salary for the sixty highest successive months of employment, or the
highest sixty successive joined months of employment where interruption of service
occurred. If the member has been employed for a period of less than sixty months, final
average compensation shall be based on the average monthly salary received for the time
employed. The earnings to be considered for the thirteenth through the twenty-fourth month
shall not exceed one hundred fifteen percent of the earnings of the first through the twelfth
month. The earnings to be considered for the twenty-fifth through the thirty-sixth month
shall not exceed one hundred fifteen percent of the earnings of the thirteenth through the
twenty-fourth month. The earnings for the thirty-seventh through the forty-eighth month
shall not exceed one hundred fifteen percent of the earnings of the twenty-fifth through the
thirty-sixth month. The earnings for the final twelve months shall not exceed one hundred
fifteen percent of the earnings of the thirty-seventh through the forty-eighth month.
B. Eligibility for disability benefits, procedures for application for disability benefits,
procedures for the certification of continuing eligibility for disability benefits, the authority
of the board of trustees to modify disability benefits, and procedures governing the
restoration to active service of an employee who formerly had a disability are specifically
described and provided for in R.S. 11:201 through 225. The board of trustees shall award
disability benefits to eligible members who have been officially certified as having a
disability by the State Medical Disability Board. The disability benefit shall be as follows:
(1) Service related disability benefit. (a) The disability benefit for total disability
from gainful employment due to an injury sustained while in the performance of official
duties shall be a sum equal to forty-five percent of final average compensation.
(b) A member who is classified as having a total disability for any employment shall
be entitled to earn twenty-five percent of his disability benefit in a calendar year before being
reclassified as having a partial disability.
(2) Supplemental service related disability benefit. (a) A member who is eligible
for a service related disability under R.S. 11:207(A) shall be entitled to a supplemental
service related disability benefit if the benefit to which he is entitled under R.S. 11:207(A)
is less than the benefit the member would have received had he retired under R.S. 11:207(B).
(b) The amount of the member's supplemental service-related disability benefit shall
be equal to the difference between the member's service-related disability benefit calculated
under Paragraph (1) of this Subsection and the maximum non-service related disability
benefit the member would have received had he retired under Paragraph (3) of this
Subsection.
(3) Non-service related disability benefit. (a) The disability benefit for total
disability caused by an injury other than an injury sustained in the performance of a member's
official duties shall be the lesser of:
(i) A sum equal to the greater of forty-five percent of final average compensation or
the member's accrued retirement benefit at the time of termination of employment due to
disability.
(ii) The retirement benefit which would be payable assuming accrued creditable
service plus additional continued service, if any, to the earliest possible retirement age based
on final average compensation at the time of termination of employment due to disability.
(b) Upon approval for disability benefits, the member shall exercise a retirement
option as provided for service retirement under the provisions of Subsection I of this Section
and no change in the option selected shall be permitted after it has been filed with the board.
The retirement option factors shall be the same as those utilized for regular retirement based
on the age of the retiree and spouse had the retiree continued in active service until the
normal retirement date.
(c) A member who is classified as having a total disability for any employment shall
be entitled to earn twenty-five percent of his disability benefit in a calendar year before being
reclassified as having a partial disability.
(d) Upon attaining the age of fifty-five, and upon application to the board of trustees,
a member who has retired under the disability retirement provisions of this Subsection may
convert his disability retirement to regular retirement described in Subsection C of this
Section.
(4) The benefit for partial disability shall be seventy-five percent of the amount that
the member would have received for total disability.
C.(1)(a) Any member whose first employment making him eligible for membership
in the system began prior to January 1, 2012, shall be eligible to retire, upon receipt of the
member's written application by the board of trustees, if the member:
(i) Has twelve or more years of creditable service and has attained the age of
fifty-five.
(ii) Has thirty or more years of creditable service, without regard to age.
(b) Any member whose first employment making him eligible for membership in the
system began on or after January 1, 2012, shall be eligible to retire, upon receipt of the
member's written application by the board of trustees, if the member:
(i) Has twelve or more years of creditable service and has attained the age of sixty-two.
(ii) Has twenty or more years of creditable service and has attained the age of sixty.
(iii) Has thirty or more years of creditable service and has attained the age of fifty-five.
(c)(i) A member whose first employment making him eligible for membership in the
system began on or before June 30, 2006, shall be paid a monthly sum equal to three and
one-third percent of the member's final average compensation multiplied by the number of
years of creditable service in the fund.
(ii) A member whose first employment making him eligible for membership in the
system began on or after July 1, 2006, but prior to January 1, 2012, shall be paid a monthly
sum equal to three and one-third percent of the member's final average compensation
multiplied by the number of years of creditable service in the fund.
(iii) A member whose first employment making him eligible for membership in the
system began on or after January 1, 2012, shall be paid a monthly sum equal to three percent
of the member's final average compensation multiplied by the number of years of creditable
service in the fund.
(iv)(aa) Notwithstanding the provisions of Item (iii) of this Subparagraph, a member
whose first employment making him eligible for membership in the system began on or after
January 1, 2012, who retires with thirty or more years of creditable service or any member
who in the performance of his official duties as a commissioned law enforcement officer
suffers a violent act or accident during the pursuit, apprehension, or arrest of a criminal
suspect and as a result acquires a total and permanent disability or dies, shall be paid a
monthly sum equal to three and one-third percent of the member's final average
compensation multiplied by the number of years of creditable service in the fund.
(bb) Creditable service maintained pursuant to a reciprocal agreement in another
system, fund, or plan shall not be used to meet the requirement of thirty or more years of
creditable service.
(cc) Transferred service with an accrual rate of less than three and one-third percent
shall not be used to meet the requirement of thirty or more years of creditable service unless
the member elects to purchase the accrual rate for application to his transferred credit
pursuant to the provisions of R.S. 11:2174.2.
(2) Any member who has twelve or more years of creditable service and who
separates from service before attaining the minimum age required for regular retirement
eligibility shall be entitled to a deferred retirement beginning when the member attains
regular retirement age. The member shall be paid the same amount he would have received
had he retired while in service. In order to be eligible for this deferred retirement, the
member shall not have withdrawn any part of his contributions from the fund. The member's
written application shall be received by the board before the retirement is effective.
(3)(a) In the event a member whose first employment making him eligible for
membership in the system began prior to January 1, 2012, is eligible for deferred retirement
and is over fifty years of age with at least twenty years of creditable service the member may
elect to take, in lieu of deferred retirement, the actuarial equivalent of the benefit due had the
member attained age fifty-five. The retirement shall become effective upon receipt of the
member's written application by the board of trustees.
(b) In the event a member whose first employment making him eligible for
membership in the system began on or after January 1, 2012, is eligible for deferred
retirement and is over fifty years of age with at least twenty years of creditable service the
member may elect to take, in lieu of deferred retirement, the actuarial equivalent of the
benefit due had the member attained age sixty. The retirement shall become effective upon
receipt of the member's written application by the board of trustees.
(4) The retirement pension under this Subsection shall in no case exceed the
member's final average compensation.
(5) Any active, contributing member whose first employment making him eligible
for membership in the system began prior to January 1, 2012, who has completed ten years
of service, has attained the age of sixty, and is not in a deferred retiree status, shall be eligible
for a reduced retirement benefit equal to the member's accrued regular retirement benefit
reduced actuarially for each month or fraction thereof that retirement begins prior to the
member's earliest normal retirement date assuming continuous service.
D.(1) The following death benefits are applicable and shall be paid, or shall continue
to be paid, to those survivors hereinafter defined in Subsection E of this Section where death
occurred prior to July 1, 1969, or, in the case of members retired prior to July 30, 1958, while
receiving a pension:
(a) If any sheriff or deputy dies while in the service solely as the result of injuries
received in the line of duty, or, while on disability, or, in the case of members retired before
July 30, 1958, while receiving a pension, the board shall direct payment from the fund
monthly on the following basis:
(i) For a widow alone, so long as she remains unmarried, or for a widower alone, so
long as he remains mentally or physically incapacitated, a sum equal to one-half of said
sheriff's or deputy's average monthly salary for the thirty-six months immediately preceding
his or her death or retirement, or of his or her average monthly salary for the time of his or
her employment if employed for a shorter period than thirty-six months, which payment shall
in no event exceed the monthly sum of seventy-five dollars.
(ii) If there is a widow or widower entitled to benefits, for each child under the age
of eighteen years, the additional sum of twenty dollars per month, which shall cease on his
eighteenth birthday.
(iii) If there is no widow or widower entitled to benefits, for one or more children
under eighteen years, a sum equal to one-half of said sheriff's or deputy's average monthly
salary for the thirty-six months immediately preceding his or her death or retirement, or of
his or her average monthly salary for the time of his or her employment, if employed for a
shorter period than thirty-six months, which payment shall in no event exceed the monthly
sum of seventy-five dollars for one child and twenty dollars per month for each additional
child. All such payments shall cease as the respective children reach age eighteen.
(iv) If there is no widow, or widower or child entitled to benefits, for a parent or
parents or the survivor of them dependent upon the deceased sheriff or deputy for support,
a sum equal to one-half of the said sheriff's or deputy's monthly salary at the time of death
or retirement, which payment shall in no event exceed the monthly sum of fifty dollars.
(b) In the event benefits become payable to a widow and a child or children or to a
widower and a child or children, and in the event of the death of said widow or said widower
after such benefits become so payable, for one or more children under the age of eighteen a
sum equal to one-half of said sheriff's or deputy's average monthly salary for the thirty-six
months immediately preceding his or her death or retirement, or his or her average monthly
salary for the time of his or her employment if employed for a shorter period than thirty-six
months, which payments shall in no event exceed the monthly sum of seventy-five dollars
for one child and twenty dollars per month for each additional child, which payments shall
cease when the respective children reach age eighteen.
(c) For a widow of any ex-deputy sheriff who died while in the service and who was
serving in the capacity of chief criminal deputy at the time of his death and whose period of
service was for at least twenty years during the period 1921 through 1942, a monthly benefit
shall be paid from the fund in the amount of seventy-five dollars, provided that she was
living with and dependent upon said ex-deputy sheriff at the time of his death, and provided,
further, that before any of such benefits shall be payable, the widow of such ex-deputy sheriff
shall pay or shall have paid into the fund, for the account of the said ex-deputy sheriff,
contributions representing three percent of his average salary for each month subsequent to
December 31, 1946, until the date of her application to be placed on the pension.
(2) The following death benefits are applicable and shall be paid to those survivors
hereinafter defined in Subsection E of this Section where death occurred subsequent to July
1, 1969, and prior to September 10, 1982.
(a) If any sheriff or deputy dies while in the service solely as a result of injuries
received in the line of duty, or while drawing disability benefits, the board shall direct
payment from the fund monthly on the following basis:
(i) For a widow alone, so long as she remains unmarried, or for a widower alone, so
long as he remains mentally or physically incapacitated, a sum equal to seventy-five percent
of said sheriff's or deputy's monthly salary for the thirty-six months immediately preceding
his or her death, or of his or her average monthly salary for the time of his or her
employment, if employed for a shorter period than thirty-six months, which payment shall
in no event exceed the monthly sum of one hundred fifty dollars.
(ii) If there is a widow or widower entitled to benefits, for each child under the age
of eighteen years, the additional sum of forty dollars per month which shall cease on his
eighteenth birthday.
(iii) If there is no widow or widower entitled to benefits, for one or more children
under eighteen years a sum equal to seventy-five percent of said sheriff's or deputy's average
monthly salary for the thirty-six months immediately preceding his or her death, or of his or
her average monthly salary for the time of his or her employment, if employed for a shorter
period than thirty-six months, which payment shall in no event exceed the monthly sum of
one hundred fifty dollars for one child and forty dollars per month for each additional child.
All such payments shall cease as the respective children reach age eighteen.
(iv) If there is no widow, or widower or child entitled to benefits, for a parent or
parents or the survivor of them dependent upon the deceased sheriff or deputy for support,
a sum equal to one-half of the said sheriff's or deputy's monthly salary at the time of death,
which payment shall in no event exceed the monthly sum of fifty dollars.
(b) In the event benefits become payable to a widow and a child or children or to a
widower and a child or children and in the event of the death of said widow or said widower
after such benefits become so payable, for one or more children under age eighteen a sum
equal to seventy-five percent of said sheriff's or deputy's average monthly salary for the
thirty-six months immediately preceding his or her death or his or her average monthly salary
for the time of his or her employment if employed for a shorter period than thirty-six months,
which payment shall in no event exceed the monthly sum of one hundred fifty dollars for one
child and forty dollars per month for each additional child, which payments shall cease when
the respective children reach age eighteen.
(3) The following death benefits are applicable and shall be paid to those survivors
hereinafter defined in Subsection E of this Section when death occurred on or subsequent to
September 10, 1982; the death benefits provided herein to a sheriff or deputy drawing
disability benefits are applicable only to those disability retirees who were placed on
disability prior to September 8, 1988.
(a) If any sheriff or deputy is killed in the discharge of his duties, or dies from
immediate effects of any injury received as the result of an act of violence occurring while
engaged in the discharge of his duties or while drawing disability benefits, the board shall
direct payment from the fund monthly, but in no event an amount greater than the disability
benefit previously paid to the retiree under disability, on the following basis:
(i) For a widow alone, or for a widower alone, a sum equal to fifty percent of the said
sheriff's or deputy's final average compensation as defined in this Section, or of his or her
average monthly salary for the time of his or her employment, if employed for a shorter
period than thirty-six months, which payment in no event shall be less than one hundred fifty
dollars per month.
(ii)(aa) If there is a surviving spouse entitled to benefits, and a child or children
under eighteen years of age, or over said age if physically or mentally incapacitated, or a
surviving child who is enrolled at a board-approved or accredited school, college, or
university, enrolled in a sufficient number of courses and classes in such institution to be
classified as a full-time student in good standing, under the criteria used by the institution in
which the student is enrolled in which event benefits terminate at the completion of
schooling or attaining the age of twenty-three, and who is dependent upon the deceased at
the time of death, the additional sum of fifteen percent of the member's final average
compensation will be paid for each child, with the total benefit to the surviving spouse and
children not to exceed one hundred percent of the member's final average compensation.
(bb) The additional benefit to a minor child shall cease at the time the child attains
age eighteen unless the child is enrolled as a student attending high school, college, a
university, or institution approved by the board in a sufficient number of courses and classes
in such institution to be classified as a full-time student in good standing, under the criteria
used by the institution in which the student is enrolled in which event benefits terminate at
the completion of schooling or attaining the age of twenty-three.
(cc) Enrollment and attendance will be certified on such forms and in such a manner
as to be determined by the board.
(iii) If there is no surviving spouse entitled to benefits, for one or more children
under eighteen years of age, or over said age if physically or mentally incapacitated, or a
surviving child who is enrolled at a board-approved or accredited school, college, or
university, enrolled in a sufficient number of courses and classes in such institution to be
classified as a full-time student in good standing, under the criteria used by the institution in
which the student is enrolled in which event benefits terminate at the completion of
schooling or attaining the age of twenty-three, and who is dependent upon the deceased, a
sum equal to fifteen percent of the member's final average compensation for each child not
to exceed sixty percent of the member's final average compensation in the event there are
more than four dependent children. Benefits to a minor child shall terminate under the same
conditions as set forth in Item (ii) of this Subparagraph.
(iv) If there is no widow or widower or child entitled to benefits, for a parent or
parents or the survivor of them dependent upon the deceased sheriff or deputy for support,
a sum equal to fifty percent of the said sheriff's or deputy's monthly salary at the time of
death, which payment shall in no event exceed the monthly sum of one hundred dollars per
dependent parent.
(b) In the event benefits become payable to a widow or widower and a child or
children, in the event of the death of said widow or widower after such benefits become so
payable, payments shall be made to the surviving child or children in keeping with the
benefits set forth in Item (a)(iii) of this Paragraph.
(4) The following death benefits are applicable and shall be paid to the survivors, as
defined in Subsection E of this Section, of a member who in the performance of his official
duties as a commissioned law enforcement officer dies as a result of an intentional violent
act:
(a) For a surviving spouse alone, the benefit shall be the greater of the benefits
defined in Item (3)(a)(i) of this Subsection or Paragraph (J)(1) of this Section.
(b) If there is a surviving spouse entitled to benefits and a child or children under
eighteen years of age, or over that age if physically or mentally incapacitated, or a surviving
child under twenty-three years of age who is enrolled at a board-approved or accredited
school, college, or university, enrolled in a sufficient number of courses and classes in such
institution to be classified as a full-time student in good standing, under the criteria used by
the institution, and who is dependent upon the deceased at the time of death, an additional
benefit equaling the difference between the total benefit to the surviving spouse, as defined
in Subparagraph (a) of this Paragraph, and one hundred percent of the member's final average
compensation shall be equally divided and paid to the surviving child or children. The total
benefits paid to survivors shall not exceed one hundred percent of the member's final average
compensation.
(i) If the surviving spouse dies while benefits are still being paid to the surviving
child or children, the surviving spouse's benefit shall be divided equally and paid to the
remaining eligible surviving child or children.
(ii) In the event of the death of a surviving spouse, while any eligible surviving child
or children are below the age of majority, the benefits available to the surviving minor child
or children shall be payable to a trust satisfactory to the fund and established by law until
such time as the minor child reaches the age of majority.
(c) If there is no surviving spouse entitled to benefits, any child or children under
eighteen years of age, or over that age if physically or mentally incapacitated, or a surviving
child under twenty-three years of age who is enrolled at a board-approved or accredited
school, college, or university, enrolled in a sufficient number of courses and classes in such
institution to be classified as a full-time student in good standing, under the criteria used by
the institution in which the student is enrolled, and who is dependent upon the deceased,
shall be eligible to receive a sum equal to one hundred percent of the member's final average
compensation. The sum shall be divided equally among the surviving children in the form
of a monthly benefit and shall be payable to a trust satisfactory to the fund and established
by law until such time as the minor child reaches the age of majority.
(d) Unless he is physically or mentally disabled, as each child attains the age of
eighteen, or the age of twenty-three years if a student, his benefit shall cease.
E. However, the board shall not make payment in accordance with the provisions set
forth in Subsection D of this Section except to:
(1) A widow who was married to and living with her husband (a) at the time of his
death if he was killed, or (b) at the time of his death and at the time the act of violence
occurred if he died as a result of injuries received therefrom.
(2) A widower who was married to and living with his wife (a) at the time of her
death if she was killed, or (b) at the time of her death and at the time the act of violence
occurred if she died as a result of injuries received therefrom.
(3) A child or children born of the marriage under the age of eighteen years, or over
said age if physically or mentally incapacitated, dependent upon the sheriff or deputy at the
time of his or her death.
(4) A mother or father, or both, dependent upon the sheriff or deputy at the time of
his or her death.
(5) Widows who are qualified under and defined by the provisions of Subparagraph
(D)(1)(c) of this Section.
F. The provisions of Paragraphs (E)(1) and (2) of this Section shall be applied
retroactively to July 1, 1997.
G. Effective January 1, 2007, in the case of a member who dies while on a leave of
absence to perform qualified military service as described in Section 414(u) of the Internal
Revenue Code, the member's beneficiary shall be entitled to any benefits that would have
been provided, other than benefit accruals relating to the period of qualified military service,
under the plan had the member resumed and then terminated employment on account of
death, in accordance with Section 401(a)(37) of the Internal Revenue Code. However, the
member's beneficiary shall be entitled to benefit accruals relating to the period of qualified
military service provided the member's beneficiary timely remits to the fund any employee
contributions which would have been required but for the member's leave of absence to
perform qualified military service, in accordance with the terms of federal law and R.S.
11:2186.
H. The word "salary" as used in this Section shall mean monies received by the
sheriff or deputy sheriff, directly from the respective sheriffs' general funds for duties
performed as a sheriff or deputy sheriff, including for sheriffs the expense allowance
provided by law.
I.(1)(a) Upon application for service retirement, any participant may elect to receive
benefits in a retirement allowance payable throughout life, or
(b) May elect at that time to receive the actuarial equivalent of the retirement
allowance in a reduced retirement allowance payable throughout life with the following
options, subject to the limitation that no member may elect an optional settlement in any
amount in excess of the member's final average compensation, after the reduction produced
by the option selected:
Option 1. If the member dies before receiving in annuity payments the present value
of the member's annuity as it was at the time of the member's retirement, the balance shall
be paid to the member's legal representative or representatives or to such person as the
member shall nominate by written designation duly acknowledged and filed with the board.
Option 2. Upon the member's death, a reduced retirement allowance shall be
continued throughout the life of and paid to the spouse to whom the member was married
and living with at the time of retirement.
Option 2A. Upon the member's death, a reduced retirement allowance shall be
continued throughout the life of and paid to the spouse to whom the member was married
and living with at the time of retirement provided that if the designated beneficiary
predeceases the retiree, the retiree's reduced benefit shall change to the maximum benefit
effective on the first day of the next month following the death of the designated beneficiary.
The retiree shall be responsible for notifying the pension fund of these circumstances,
presenting satisfactory evidence of same, and requesting the change of the reduced benefit
to the maximum benefit. Adjustment of benefits under this Option shall not be retroactive,
and shall be effective on the first day of the next month following official approval of the
application for change in benefits.
Option 3. Upon the member's death, one-half of the reduced retirement allowance
shall be continued throughout the life of and paid to the spouse to whom the member was
married and living with at the time of retirement.
Option 3A. Upon the member's death, one-half of the reduced retirement allowance
shall be continued throughout the life of and paid to the spouse to whom the member was
married and living with at the time of retirement provided that if the designated beneficiary
predeceases the retiree, the retiree's reduced benefit shall change the maximum benefit
effective on the first day of the next month following the death of the designated beneficiary.
The retiree shall be responsible for notifying the pension fund of these circumstances,
presenting satisfactory evidence of same, and requesting the change of the reduced benefit
to the maximum benefit. Adjustment of benefits under this Option shall not be retroactive,
and shall be effective on the first day of the next month following official approval of the
application for change in benefits.
Option 4. Some other benefit or benefits shall be paid either to the participant or to
the spouse to whom the member was married and living with at the time of retirement, if
living, or to the minor child or children, until the age of majority, or to the disabled child or
children, as long as the disability exists, otherwise to such other dependent as the member
shall have nominated until the age of majority or for a period of ten years, whichever is
greater, provided such other benefit or benefits, together with the reduced retirement
allowance, shall be certified by the actuary to be of equivalent actuarial value to the
member's retirement allowance and approved by the board.
Option 5. Ninety percent of the member's maximum retirement and upon death, if
survived by a surviving spouse to whom the member was married and living with at the time
of retirement, fifty percent of the member's benefit shall be paid to the surviving spouse
during said spouse's lifetime.
(2) No option shall become effective until the date specified by the member in the
application for retirement and no change in the option selected shall be permitted after the
application has been officially filed with the board; however, any member who has made an
error in the selection of a retirement option, without consideration of events subsequent to
the date of retirement, shall be permitted to make a one-time change in the option selected
provided the request is made within a one-year period after the effective date of the option
selected.
(3) If any option of this Subsection is selected, and the retiree's spouse was
designated as the beneficiary, and a judgment of divorce is rendered with respect to the
retiree and the spouse, and, in connection therewith, the spouse, irrevocably, by court order,
relinquishes the spouse's survivorship rights under the option originally selected by the
retiree, the originally selected option shall be considered revoked and the retiree shall be
considered as retired under the maximum benefit, subject to reduction as hereinafter set forth,
and without affording the retiree the right to select an option under which the retiree could
designate a new beneficiary, and the benefit payable to the retiree shall be increased to the
amount the retiree would have received had the retiree selected the maximum benefit,
adjusted for any cost-of-living increases granted to the retiree, less any amount required as
a result of such change in retirement status to render the new benefit to be the actuarial
equivalent of the maximum benefit. The retiree shall be required to reimburse the system,
by way of a one-time deduction from the retiree's next benefit check, the reasonable cost
incurred by the system to have these calculations made. The retiree shall be required to
contractually hold the system harmless in the event that the former spouse ever successfully
asserts a property right relative hereto which has any adverse effect upon the system. It shall
be the responsibility of the retiree to notify the system of these circumstances, to present
satisfactory evidence of same, and to request the recomputation of benefits. Adjustment of
benefits under this Subsection shall not be retroactive, and shall be effective on the first day
of the next month following official approval of the application for recomputation benefits.
J.(1) Any member who is eligible for retirement based on length of service, including
members drawing disability benefits prior to September 9, 1988, who leaves a surviving
spouse with whom the member is living at the time of death, shall be deemed to have
exercised automatically Option 2 benefits just as though the member had retired and elected
Option 2 prior to death. Should the deceased member also be survived by a dependent child
or children under the age of eighteen years, or over said age if physically or mentally
incapacitated, or a surviving child who is enrolled at a board-approved or accredited school
or college under the conditions set forth in this Section, the additional benefit for each child
shall be as set forth in Item (D)(3)(a)(ii) of this Section and shall be subject to the same
conditions as to termination as set forth therein.
(2) Any member who is eligible for retirement based on length of service, including
members drawing disability benefits, and irrespective of age in the case of the death of the
member occurring subsequent to July 1, 1969, who does not leave a surviving spouse with
whom he or she is living at the time of death, but who is survived by a dependent child or
children, under the age of eighteen years or over said age if physically or mentally
incapacitated, the board shall direct payment monthly to or for the child or children as set
forth in Item (D)(3)(a)(iii) of this Section.
(3) Should the surviving spouse, or in the absence of a surviving spouse, a child or
children, entitled to receive benefits under the provisions of this Subsection elect to receive
a refund of the member's contributions in lieu of benefits, such choice must be specified in
writing, properly notarized, and in the case of minority with the appropriate court
authorization, to be filed with the board of trustees.
K.(1) The board of trustees is authorized to use earnings on investments of the fund
in excess of normal requirements or funding deposit account credit balances as determined
by the actuary and approved by the board of trustees, to provide a permanent benefit increase
for retired and disabled members and survivors who have been receiving benefits from the
fund for one full calendar year prior to the granting of the increase.
(2)(a)(i) The permanent benefit increase shall be payable in a monthly amount not
to exceed two and one-half percent of the normal monthly benefit payable to the retiree,
disability recipient, or survivor on the date that the increase is granted. Except as provided
in Item (ii) of this Subparagraph, the dollar amount of such increase for any recipient shall
not exceed five percent of the average monthly benefit in payment to service retirees as of
the end of the preceding fiscal year.
(ii) The dollar amount of any permanent benefit increase for a recipient whose
benefit is based on the record of someone who retired with a minimum of thirty years of
creditable service shall not be subject to the cap contained in Item (i) of this Subparagraph
of five percent of the average monthly benefit in payment to service retirees.
(b) The board of trustees is authorized to provide a permanent benefit increase to all
retirees, disability recipients, and survivors who are at least sixty-five years of age, which
increase shall consist of an amount equal to two percent of the monthly benefit the member
is receiving on the date the increase is granted.
(c) The board, in any one fiscal year, may provide a permanent benefit increase
pursuant to either Subparagraph (a) or (b) of this Paragraph; however, it shall not grant
permanent benefit increases pursuant to both of these Subparagraphs within the same fiscal
year.
(d) Notwithstanding any provision of this Subsection to the contrary, no permanent
benefit increase shall be granted in any fiscal year pursuant to this Subsection if a permanent
benefit increase has been granted pursuant to this Subsection in the immediately preceding
fiscal year.
(e) Any member who has been retired for at least one year is eligible to receive a
permanent benefit increase pursuant to the provisions of this Subsection if:
(i) The member has attained the age of sixty-one regardless of the date of retirement.
(ii) The member has not attained the age of sixty-one but has been retired for at least
three years.
(3) A person receiving a benefit utilizing the provisions of R.S. 11:142 governing
reciprocal recognition of service agreements shall be granted a permanent benefit increase
based upon that portion of the creditable service attributable to this system.
(4) A person receiving a benefit, who becomes sixty-five years of age during the
calendar year prior to the granting of a supplemental permanent benefit increase as provided
in Subparagraph (2)(b) of this Subsection for benefit recipients sixty-five years of age or
older, shall receive a lump sum pro rata payment for the number of months he was sixty-five
years of age prior to the granting of the permanent benefit increase, authorized by
Subparagraph (2)(b) of this Subsection.
L. Death benefits terminated because of remarriage pursuant to the provisions of this
Section shall be due and payable to a surviving spouse if the subsequent marriage is
terminated by death. Upon death of the second or subsequent spouse, the benefits shall be
resumed; however, the benefits shall be suspended during the second or subsequent marriage.
M. Repealed by Acts 2019, No. 77, §2, eff. June 30, 2019.
N. Notwithstanding any law to the contrary, any participant in the former Deferred
Retirement Option Plan for this fund who has not severed employment and has not taken a
distribution of the plan account may make a one-time, irrevocable election to rescind all or
a portion of his participation period in the plan and return to active, contributing membership
in the fund. A person who rescinds plan participation shall forfeit all accumulated plan
benefits attributable to the portion of the participation period rescinded. He shall pay to the
fund the employee contributions the fund would have received if he had not been a plan
participant during the rescinded portion of his participation period together with any interest
or other actuarial cost for such rescission. After he pays to the plan the required amount, the
person shall be credited with service as if he had remained in active service continuously and
had not participated in the plan during the rescinded portion of his participation period. The
board shall be authorized to adopt uniform rules for the implementation of this Subsection
in accordance with the Administrative Procedure Act. The rescinding participant shall be
required to contractually hold the system harmless in the event that a spouse, former spouse,
or any other person ever successfully asserts a property right relative to the rescission of plan
participation which has any adverse effect upon the fund.
NOTE: Acts 2014, No. 811 changed terminology referring to persons with
disabilities throughout the La. Revised Statutes and codes of law, and included a
listing of terms that were deleted and their respective successor terms (See Acts
2014, No. 811, §36). The Act provides that it is not the intent of the legislature that
changes in terminology effected therein alter or affect in any way the substance,
interpretation, or application of any law or administrative rule; further provides that
nothing in the Act shall be construed to expand or diminish any right of or benefit for
any person provided by any law or administrative rule (See Acts 2014, No. 811,
§35(C) and (D)).
Louisiana § 11:2178 (Disability benefits; retirement benefits; death benefits) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.