This text of Louisiana § 11:618 (Survivors' benefits for members killed in the line of duty; death by an intentional act) 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.
§618. Survivors' benefits for members killed in the line of duty; death by an intentional act
of violence
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, 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 member and without regard to the amount of time that the deceased was a member
of this plan. This benefit is payable only if the injury or injuries were sustained while on
active duty status.
B.
(1)If the member has a surviving spouse, minor, or handicapped or mentally
incapacitated child or children, the amount of
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§618. Survivors' benefits for members killed in the line of duty; death by an intentional act
of violence
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, 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 member and without regard to the amount of time that the deceased was a member
of this plan. This benefit is payable only if the injury or injuries were sustained while on
active duty status.
B.(1) If the member has a surviving spouse, minor, or handicapped or mentally
incapacitated child or children, the amount of the total benefit shall equal eighty 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.
(2) 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.
(3) The benefit of the surviving spouse, minor, or handicapped or mentally
incapacitated child or children of any member of this system, who would otherwise be
eligible for benefits under the plan except that the member's first employment making him
eligible for membership in any state system occurred on or before December 31, 2010, and
whose death resulted from an intentional act of violence shall be equal to one hundred
percent of the member's average compensation. The benefit shall be equally shared 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.
C. The provisions of R.S. 11:472 through 477 concerning procedures for payment
of survivor benefits which are not in conflict with this Section shall apply to members.
D. The provisions of this Section shall not apply to any member of this plan who:
(1) Has participated in the Deferred Retirement Option Plan; or
(2) Is a retiree of the system who is reemployed under Option 1 or Option 3 as
provided in R.S. 11:416.