2009 Louisiana Laws TITLE 11 Consolidated public retirement :: RS 11:2077 Survivors' benefits

§2077.  Survivors' benefits

A.  For a surviving spouse with or without surviving minor or handicapped children:

(1)  If the member has less than five years of service credit, pay a refund of contributions.  

(2)  If the member has at least five years of creditable service and is not eligible to retire, pay to the spouse automatic Option 2 benefits based on accrued benefits at the time of death with Option 2 factors based on the age that the member and spouse would have been had the member survived, continued in service, and then retired on earliest normal retirement date.  

(3)  If the member is eligible to retire, pay automatic Option 2 benefits to the surviving spouse.  

B.  For surviving minor or handicapped children with no surviving spouse:

(1)  If the member has less than five years of service credit, pay a refund of contributions to the children in equal portions.  

(2)  If the member has more than five years of service credit, pay eighty percent of the accrued retirement benefit to the surviving children until the age of majority or for the duration of the handicap for a handicapped child.  Children receive equal portions with portions readjusted for remaining children as each child becomes ineligible to receive benefits.

C.  Should the spouse desire to receive in lieu of such Option 2 benefits a refund of the member's contributions, with interest earned thereon, she may do so by specifying her choice in writing, properly notarized, to the board of trustees of the Registrars of Voters Employees' Retirement System.  The retirement system shall pay a lump sum refund equal to the difference between total monthly survivor benefits paid and total accumulated contributions, if any, on cessation of all eligible monthly payments.  

Acts 1989, No. 202, §1; Redesignated from R.S. 18:1738 by Acts 1991, No. 74, §3, eff. June 25, 1991.