§478. Benefits payable to certain members killed in the line of duty; survivor benefits;
corrections officers hired on or before December 31, 2010
A.Notwithstanding any other provision of law to the contrary, if a correctional
officer, probation or parole officer, or a security officer of the Department of Public Safety
and Corrections, whose first employment making him eligible for membership in one of the
state systems occurred on or before December 31, 2010, is killed in the line of duty while
serving in his official capacity, survivor benefits shall be payable to qualified survivors as
provided for in accordance with this Section, except that a surviving spouse shall be eligible
for benefits under this Section, without regard to the amount of time that the surviving
spouse was married
Free access — add to your briefcase to read the full text and ask questions with AI
§478. Benefits payable to certain members killed in the line of duty; survivor benefits;
corrections officers hired on or before December 31, 2010
A. Notwithstanding any other provision of law to the contrary, if a correctional
officer, probation or parole officer, or a security officer of the Department of Public Safety
and Corrections, whose first employment making him eligible for membership in one of the
state systems occurred on or before December 31, 2010, is killed in the line of duty while
serving in his official capacity, survivor benefits shall be payable to qualified survivors as
provided for in accordance with this Section, except that a surviving spouse shall be eligible
for benefits under this Section, without regard to the amount of time that the surviving
spouse was married to the deceased officer and without regard to the amount of time that the
deceased officer was a member of this system. This benefit is payable only if the member
dies as a direct result of injuries sustained in the official performance of his official duties
while on active duty status.
B. When there is a surviving minor, handicapped, or mentally incapacitated child or
children, the amount of the total benefit shall equal:
(1) Seventy-five percent of the member's average compensation if the member had
five or more years of service credit.
(2) Sixty percent of the member's average compensation if the member had less than
five years of service credit.
C. When there is a surviving spouse and no surviving child or children, the total
benefit shall equal:
(1) Seventy-five percent of the member's average compensation if the member had
twenty-five or more years of service credit.
(2) Sixty percent of the member's average compensation if the member had less than
twenty-five years of service credit.
D. If there is a surviving spouse and a surviving child or children, one-third of the
benefit shall be designated to the spouse and two-thirds shall be designated to the minor,
handicapped, or mentally incapacitated child or children.
E. The provisions of Subsections A through D of this Section shall be applied
retroactively to July 1, 1996.
F. If the member's death resulted from an intentional act of violence and the member
has a surviving spouse, minor, or handicapped or mentally incapacitated child or children,
the amount of the total benefit shall equal one hundred percent of the member's average
compensation. The benefit shall be shared equally by the surviving spouse and children.
When a child who is not handicapped or mentally incapacitated no longer meets the
definition of minor child under R.S. 11:403, his benefit shall cease, and the remaining
beneficiaries shall have their shares adjusted accordingly.
NOTE: See Acts 2004, No. 7, §6, providing that the Act shall not affect or
change any law relative to retirement or retirement or survivor benefits of
employees of the Dept. of Public Safety and Corrections.