§ 11:3386 — Vested rights and benefits

Louisiana § 11:3386

• Jurisdiction: Louisiana
• Title 11: Consolidated Public Retirement Systems

Text

§3386. Vested rights and benefits
A. Any member employed by the fire department on or before December 31, 2014,
whose withdrawal from service occurs prior to the attainment of age fifty years and who shall
at such time have completed at least twelve years but less than twenty of creditable service
shall remain a member of the pension and relief fund, and, in such a case, the member shall
receive a service retirement benefit beginning when he attains the age of fifty years, provided
the member has not withdrawn his accumulated contributions. The retirement benefit to be
paid shall be two and one-half percent of average compensation during the best year of
service preceding the date of withdrawal from service for each year of credited service. If
the member dies after withdrawal from service but prior to attaining age fifty but having
twelve years credited service, his widow and/or children and/or survivors shall be entitled
to receive his accumulated contributions in a lump sum with interest credited thereto. If the
member receiving benefits under this Subsection dies, his surviving widow shall receive the
minimum benefit as set forth in R.S. 11:3383. If the member receiving benefits under this
Subsection dies leaving a widow and children under the age of eighteen, then the widow and
children under eighteen years of age shall receive the minimum benefit as set forth in R.S.
11:3383 equally divided between them. When the children of the member attain the age of
eighteen or become married while receiving benefits under this Subsection, the benefits they
are receiving shall be paid to the widow of the member.
B.(1) Any member who enters the employ of the fire department on or after January
1, 2015, and before August 15, 2016, whose withdrawal from service occurs prior to the
attainment of fifty-two years of age and who shall at such time have completed at least
twelve years but less than twenty years of creditable service shall remain a member of the
pension and relief fund, and, in such a case, said member shall receive a service retirement
benefit beginning when he attains fifty-two years of age, provided such member has not
withdrawn his accumulated contributions. The retirement benefit to be paid shall be two and
one-half percent of average compensation during the best year of service preceding the date
of withdrawal from service for each year of credited service. If the member dies after
withdrawal from service but prior to attaining age fifty-two but having twelve years credited
service, his widow, child or children, or estate, as applicable, shall be entitled to receive his
accumulated contributions in a lump sum with interest credited thereto.
(2) If the member receiving benefits under this Subsection or R.S. 11:3384(D)(3)(a)
dies, his surviving widow shall receive the minimum benefit as set forth in R.S. 11:3383.
If the member receiving benefits under this Subsection or R.S. 11:3384(D)(3)(a) dies leaving
a widow and children under the age of eighteen, then the widow and children under eighteen
years of age shall receive the minimum benefit as set forth in R.S. 11:3383 equally divided
between them. When the children of the member attain the age of eighteen or become
married while receiving benefits under this Subsection, the benefits they are receiving shall
be paid to the widow of the member.

Legislative History

Added by Acts 1981, No. 630, §1, eff. upon approval by New Orleans City Council; Redesignated from R.S. 33:2117.5 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1997, No. 503, §1; Acts 2014, No. 813, §1, eff. Jan. 1, 2015; Acts 2016, No. 651, §1, eff. Aug. 15, 2016.