2006 Louisiana Laws - RS 11:3378 — Survivor benefits

§3378.  Survivor benefits

A.(1)(a)  If any active member of the fire department, while responding to an alarm of fire or while working at or returning from a fire, or while in the act of performing his duties as a firefighter, is killed or dies from immediate effects of any injury received while engaged in the discharge of his duties, and leaves a surviving spouse, the surviving spouse shall be paid a pension in the sum of sixty-six and two-thirds percent of his salary at the time of his death as an annuity.

(b)  If the firefighter is killed or dies from immediate effects of any injury received while engaged in the discharge of his duties, and leaves a child or children under the age of eighteen years of age, that child or those  children shall receive the benefits payable to children as provided elsewhere in this Section.

(c)  If any member is killed or dies in any other manner, the widow shall be paid a pension in the sum of fifty percent of his salary at the time of his death as an annuity.

(d)  If the firefighter leaves a widow with children under the age of eighteen the widow shall receive a pension of fifty percent of his salary at the time of his death as an annuity and his children under the age of eighteen years of age shall receive the sum of seventy-five dollars per month each.

(e)  If the surviving widow  receiving  a pension under this Section remarries, such pension shall continue without interruption, but in no case shall she be paid more than one pension from this  fund.

(f)  If the firefighter leaves no widow, or if subsequent to his death the widow dies and there are children under eighteen years of age, the children shall receive a monthly pension of seventy-five dollars each.  The payment of this seventy-five dollars for each child shall cease after such child reaches the age of eighteen years or marries.

(g)  Any dependent child who is physically and/or mentally handicapped shall receive benefits throughout life if medical and/or psychological information indicates such child is totally and permanently disabled.  If, however, medical and/or psychological information indicates that such disabled child can benefit from specialized training in order to be rendered self-supporting, then such child will receive benefits so long as he is actively enrolled in a specialized school or training program until such time as such child is certified as being qualified to engage in gainful employment.  The board of trustees may demand at reasonable intervals that such child submit to a medical and/or psychological examination for current evaluation, subject to the penalty of all monthly payments being suspended until submission to examination within fifteen days after request.

(h)  If there is no widow or dependent children, the pension provided in this Section that is payable to a widow shall be paid to the firefighter's widowed mother dependent upon him for support, provided that this pension shall continue without interruption, if the widowed mother remarries.

(2)(a)  If any member of the fire department dies while in employment of said fire department, although not on duty at the time of his death, or if any former member of the fire department dies while being entitled to benefits as provided in R.S. 11:3381 or in any other Section, except as hereinabove provided relative to a member killed while on duty, and shall have a surviving spouse, and if no surviving spouse, a widowed mother, the sum of five hundred dollars per month shall be paid to such beneficiary out of the pension fund.

(b)  If any firefighter dies while in the employment of said fire department as provided in this Paragraph leaving a widow and children, the widow shall receive the pension as hereinabove described and the children shall receive the amount of seventy-five dollars per month for each child.  All the payments to a widow shall continue without interruption when she remarries, but in no case shall she draw more than one pension from this fund.

(c)  If the firefighter leaves no widow or if subsequent to his death the widow dies and there are children under eighteen years of age, the children shall receive a monthly pension of seventy-five dollars each.  The payments of this seventy-five dollars for each child shall cease after such child reaches the age of eighteen years or marries.  Any dependent child who is physically and/or mentally handicapped shall receive benefits throughout life if medical and/or psychological information indicates such child is totally and permanently disabled.  If, however, medical and/or psychological information indicates such disabled child can benefit from specialized training in order to be rendered self-supporting, then such child will receive benefits so long as he is actively enrolled in a specialized school or training program until such time as such child is certified as being qualified to engage in gainful employment.  The board of trustees may demand at reasonable intervals that such child submit to a medical and/or psychological examination for current evaluation, subject to the penalty of all monthly payments being suspended until submission to examination within fifteen days after request.

(d)  All payments to a widowed mother shall continue without interruption when she remarries.

(3)  Should an employee employed after December 31, 1967, die before having served twenty years, and not be on a disability pension or retirement, his named beneficiary will be entitled to benefits under Paragraphs (1) and (2) of this Subsection and Subsection B of this Section, provided there is no refund of his contributions.

B.  Whenever an active or retired firefighter dies, a death benefit of fifteen hundred dollars shall be paid to the beneficiary of the deceased member from the pension and relief fund upon a certificate signed by the department physician, superintendent, and chairman of the relief committee, which certificate shall state the name of the deceased, the name of the beneficiary, the cause of death, and other necessary information.  Effective July 1, 1997, the death benefits hereinabove referred to shall be increased to three thousand dollars.  Every member of the department shall file with the secretary-treasurer the name of the person to whom death benefits are to be paid, and the relationship of the donor to the donee, if any.

C.  Benefits payable in accordance with Subsections A and B of this Section shall in no way affect the rights of the beneficiaries as granted by any other statute.

D.  "Children", as used in this Part, are defined as children of the firefighter and/or children of the widow of the firefighter who are solely dependent upon the firefighter for their support.

Amended by Acts 1954, No. 212, §2; Acts 1955, No. 111, §1; Acts 1956, No. 91, §1; Acts 1957, No. 45, §1; Acts 1962, No. 372, §§1, 2; Acts 1962, No. 403, §1; Acts 1969, No. 120, §1; Acts 1970, No. 168, §§1, 2; Acts 1971, No. 6, §§1, 2; Acts 1972, No. 50, §1; Acts 1972, No. 127, §1; Acts 1979, No. 476, §1, eff. January 1, 1980; Redesignated from R.S. 33:2114 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1995, No. 863, §1, eff. June 28, 1995; Acts 1997, No. 503, §1; Acts 1997, No. 504, §1; Acts 1997, No. 506, §1; Acts 2003, No. 1101, §1, eff. July 2, 2003.