RS 11:1316

689 words·~3 min read·/la/title-11/11-108

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RS 11:1316

§1316. Death in the line of duty; death by an intentional act of violence; certain members hired on or before December 31, 2010; benefit for surviving spouse of deceased employee; minor children with no surviving spouse

A. This Section shall apply to any sworn commissioned law enforcement officer of the office of state police 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.

B.(1) The surviving spouse of any such sworn commissioned law enforcement officer of the office of state police of the Department of Public Safety and Corrections who is killed in the discharge of his duties, or dies from immediate effects of any injury received as the result of an act of violence occurring while engaged in the discharge of his duties, shall receive a survivor benefit equal to seventy-five percent of the salary being received by the employee at the time of the decedent's death or injury, provided the surviving spouse was married to the decedent at the time of the event which resulted in the officer's death.

(2)(a) The surviving spouse of any such sworn commissioned law enforcement officer of the office of state police of the Department of Public Safety and Corrections who is killed by an intentional act of violence in the discharge of his duties, or dies from immediate effects of any injury received as the result of an intentional act of violence occurring while engaged in the discharge of his duties, shall receive a survivor benefit equal to one hundred percent of the salary being received by the employee at the time of the decedent's death or injury, provided the surviving spouse was married to the decedent at the time of the event which resulted in the officer's death.

(b)Beginning in Fiscal Year 2021-2022 and in each year thereafter, the benefit shall, on the anniversary of the officer's death, be increased by three percent until the benefit equals the maximum of the officer's paygrade for his classification under the pay plan that applied to the officer on his date of death.

C.(1) Notwithstanding the forfeiture provisions of R.S. 11:1321, the benefit of a surviving spouse covered by Subsection B of this Section shall be paid until the death of the surviving spouse.

(2)A surviving spouse who, on or before June 11, 1999, was subject to the forfeiture provisions of R.S. 11:1321 or R.S. 40:1435 as it existed when it was redesignated as R.S. 11:1321, shall resume drawing the benefit upon the dissolution of the marriage by death of or divorce from the new spouse. The benefit payable pursuant to this Paragraph shall be paid prospectively only.

D.(1) If there is no surviving spouse of any state police employee whose death results from injury received in line of duty covered by Subsection B of this Section, then any surviving minor children shall receive the survivor benefit at the amounts set forth in Subsection B of this Section.

(2)As each minor child reaches eighteen years of age, or twenty-three years of age if a student, he shall receive no further benefits.

E. Any surviving spouse of a member killed on or before June 29, 2017, by an intentional act of violence who would qualify for the survivor benefit provided for in Subparagraph (B)(2)(a) of this Section shall have any survivor benefit payable on or after June 30, 2017, increased to the amount calculated pursuant to Subparagraph (B)(2)(a) of this Section regardless of the date of death of the member.

Amended by Acts 1958, No. 19, §1; Acts 1976, No. 367, §1; Redesignated from R.S. 40:1431 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1999, No. 212, §1, eff. June 11, 1999; Acts 1999, No. 1320, §1, eff. July 12, 1999; Acts 2001, No. 235, §1, eff. June 1, 2001; Acts 2010, No. 992, §1, eff. Jan. 1, 2011; Acts 2017, No. 284, §1, eff. June 30, 2017; Acts 2019, No. 41, §1, eff. July 1, 2019; Acts 2021, No. 56, §2, eff. June 30, 2021.