This text of Louisiana § 11:2241.8 (Survivor benefits) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§2241.8. Survivor benefits
Benefits shall be payable to any survivor of an active contributing member who dies
before retirement or a disability retiree who dies after retirement as specified in the
following:
(1)(a) If an active contributing member or a disability retiree either of whom has at
least ten years of creditable service in the system dies and leaves a surviving spouse, the
surviving spouse shall receive a benefit calculated according to the regular retirement
formula, disregarding age, but not less than thirty-three percent nor more than fifty-five
percent of the member's average final compensation. If the surviving spouse remarries, such
benefit shall cease unless remarriage occurs after age fifty-five years; the benefit shall resume
after a subsequent termination of the new m
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§2241.8. Survivor benefits
Benefits shall be payable to any survivor of an active contributing member who dies
before retirement or a disability retiree who dies after retirement as specified in the
following:
(1)(a) If an active contributing member or a disability retiree either of whom has at
least ten years of creditable service in the system dies and leaves a surviving spouse, the
surviving spouse shall receive a benefit calculated according to the regular retirement
formula, disregarding age, but not less than thirty-three percent nor more than fifty-five
percent of the member's average final compensation. If the surviving spouse remarries, such
benefit shall cease unless remarriage occurs after age fifty-five years; the benefit shall resume
after a subsequent termination of the new marriage and upon approval of the board of
trustees.
(b) If the board of trustees determines that an active contributing member is killed
as a result of injuries sustained in the line of duty, the cessation of benefits upon remarriage
set forth in this Paragraph shall not apply. The surviving spouse shall receive a benefit equal
to one hundred percent of the member's average final compensation less any survivor
benefits payable to a surviving child or children as provided in this Section. The sum of
survivor benefits paid to surviving children and a surviving spouse shall not exceed one
hundred percent of the member's average final compensation. No funds derived from the
assessments against insurers pursuant to R.S. 22:1476 shall be used to pay any increased
costs or increase in liability of the system resulting from the payment of benefits to a
surviving spouse pursuant to this Subparagraph.
(2)(a) If an active contributing member or a disability retiree either of whom has at
least ten years of creditable service in the system dies and leaves, in addition to a surviving
spouse, one or more surviving children, each surviving child shall be paid monthly benefits
equal to ten percent of the deceased member's average final compensation, or two hundred
dollars per month, whichever is greater. However, benefits payable on account of each
surviving child, when added to the benefits payable to the surviving spouse, shall not exceed
an aggregate of one hundred percent of the deceased member's average final compensation.
(b) If an active contributing member or a disability retiree either of whom has at least
ten years of creditable service in the system dies and does not leave a surviving spouse but
leaves one or more surviving children, each surviving child shall be paid monthly benefits
equal to twenty-five percent of the deceased member's average final compensation. Benefits
paid on account of each surviving child shall not exceed an aggregate of fifty percent of the
average final compensation. If the deceased member is survived by only one surviving child,
the surviving child shall be paid not less than thirty percent of the deceased member's
average final compensation.
(c) If at the time of a member's death the member is not married to the natural parent
of any surviving child or children who are entitled to receive a payment pursuant to this
Section and if a trust has been created by the deceased member for the benefit of such
surviving child or children, the payment shall be made to any person designated as a trustee
by the member on a certified copy of a trust document submitted to the system by the
member.
(3) If a member who is eligible for retirement dies before retiring, the surviving
spouse shall automatically be paid benefits as though the member had retired on the date of
his death and elected Option 2, naming the surviving spouse as beneficiary, or shall be paid
benefits as provided in this Section whichever is greater.
(4) Any member who has twelve or more years of service credit established in the
retirement system and who terminates covered employment and leaves his accumulated
contributions in the retirement system in order to receive a retirement benefit upon reaching
the applicable age shall be covered by the survivor benefit provisions found in this Section.
(5) If the board of trustees determines that an active contributing member is killed
as a result of injuries sustained in the line of duty, the requirement to have at least ten years
of creditable service in the system shall not be applied. Notwithstanding any other provision
of law to the contrary, the board of trustees shall not collect overpayments of survivor
benefits paid in administrative error prior to June 30, 2020, except in a case of fraud, to the
survivors of active contributing members with less than ten years of creditable service in the
system who were killed as a result of injuries sustained in the line of duty.