2009 Louisiana Laws TITLE 11 Consolidated public retirement :: RS 11:1945 Survivor benefits; eligibility

§1945.  Survivor benefits; eligibility

A.  Upon the death of any member with five or more years of creditable service, not eligible for normal retirement, the following benefits shall be paid:

(1)  Surviving unmarried spouse with minor children.  An amount equal to sixty percent of final compensation, such benefit to continue as long as the spouse lives and is unmarried, or until no child in her care satisfies the definition of minor child.  

(2)  Surviving unmarried spouse with no minor children.  An amount equal to forty percent of final compensation payable upon the attainment of age sixty by the spouse, or upon becoming disabled, and payable for as long as such spouse lives and remains unmarried.  

(3)  Minor children with no unmarried surviving spouse.  An amount equal to thirty percent of final compensation on account of each child not to exceed an aggregate of sixty percent of final compensation.  Should more than two minor children survive, the benefit payable at any time to each eligible minor child shall be an amount determined by dividing the aggregate amount of all child benefits by the number of children then eligible to receive child benefits.  

B.  A spouse shall be deemed to have minor children, for as long as at least one minor child is legally under her care.  

C.  Any member who is eligible for normal retirement at the time of his death, and who leaves a surviving spouse shall be deemed to have exercised Option 2 benefits on behalf of his surviving spouse, who shall be paid such benefits just as though the member had retired and elected Option 2 benefits prior to his death.  Such benefits shall be in lieu of the death benefits provided in this Section.  

Acts 1979, No. 765, §1, eff. Jan. 1, 1980; Redesignated from R.S. 33:6155 by Acts 1991, No. 74, §3, eff. June 25, 1991.