Louisiana Revised Statutes 11:586 – A. If there is no surviving spouse to receive the benefit provided under R.S. 11:585, minor children of the deceased member shall receive a monthly pension in the proportions set out
Terms Used In Louisiana Revised Statutes 11:586
- Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
- Minor child: means an unmarried child under the age of eighteen years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, a child born outside of marriage of a female member of this system, or the child of a male member of this system if acknowledged or filiated pursuant to the provisions of the Civil Code. See Louisiana Revised Statutes 11:403
- Spouse: means a person who is legally married to a member of this system. See Louisiana Revised Statutes 11:403
A. If there is no surviving spouse to receive the benefit provided under La. Rev. Stat. 11:585, minor children of the deceased member shall receive a monthly pension in the proportions set out as follows:
(1) Four or more such children–sixty percent of the average compensation of the deceased member, equally divided among them.
(2) Three such children–fifty percent of the average compensation of the deceased member, equally divided among them.
(3) Two such children–forty percent of the average compensation of the deceased member, equally divided among them.
(4) One such child–thirty percent of the average compensation of the deceased member.
(5) If the member’s death resulted from an intentional act of violence and the member has a 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 children. When a child who is not handicapped or mentally incapacitated no longer meets the definition of minor child under La. Rev. Stat. 11:403, his benefit shall cease, and the remaining beneficiaries shall have their shares adjusted accordingly.
B. Except as otherwise provided in Paragraph (A)(5) of this Section, when a child no longer meets the definition of minor child as provided in La. Rev. Stat. 11:403, he shall receive no further benefits and the monthly pension shall be reduced by the amount previously paid to him.
Added by Acts 1972, No. 135, §2, eff. July 26, 1972; Redesignated from La. Rev. Stat. 56:687 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 2015, No. 44, §1, eff. June 5, 2015; Acts 2018, No. 224, §1, eff. May 15, 2018.