§ 11:604 — Survivor's benefit for members killed in the line of duty

§604. Survivor's benefit for members killed in the line of duty
A. If a member's death occurs in the line of duty or is a direct result of an injury
sustained while in the line of duty, then survivor benefits shall be payable to qualified
survivors as provided for in this Section, except that a survivor 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 only payable if the injury or injuries
were sustained 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
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.
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 surviving spouse or children of any member whose death occurs other than
in the performance of his duties shall have the same pension rights as provided for survivors
of members of the primary component.
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.

Legislative History

Acts 2001, No. 746, §1, eff. Dec. 31, 2001; Acts 2018, No. 224, §1, eff. May 15, 2018.