Louisiana Revised Statutes 11:952.37 – Surviving spouse allowance
Terms Used In Louisiana Revised Statutes 11:952.37
- Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account. See Louisiana Revised Statutes 11:952.1
- Board of supervisors: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
- Credited service: means service for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:952.1
- Member: means any employee included in the membership of the funded system as provided in La. See Louisiana Revised Statutes 11:952.1
- Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this part. See Louisiana Revised Statutes 11:952.1
- Retirement allowance: means annual payments for life under the funded system payable in equal monthly installments beginning as of the date fixed by the board of supervisors. See Louisiana Revised Statutes 11:952.1
- Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
- Spouse: shall mean a person who is legally married to a member of this system and shall not include a person who is legally separated from a member of this system by a judgment of separation, unless such person has voluntarily reconciled with the member and which reconciliation is established by a court of competent jurisdiction. See Louisiana Revised Statutes 11:701
A.(1) Upon receipt by the board of supervisors of proper proof of the death of a member in service who has completed ten years of credited service, or a member not in service who, on the date his employment ceased, had completed twenty years of credited service and elected to receive a vested deferred retirement allowance pursuant to La. Rev. Stat. 11:952.41 and who is not yet in receipt of such allowance, a survivor’s allowance shall be payable to his spouse, if any, as herein specified:
(2) If the surviving spouse was married to the deceased member for at least two years prior to the death of the member, the surviving spouse may elect to receive a spouse allowance benefit as provided under Option 2 in La. Rev. Stat. 11:952.38 with such allowance to terminate upon spouse’s death or remarriage except that remarriage will not terminate a spouse allowance benefit if the member had twenty-five years or more of credited service or was eligible but was not yet in receipt of a service retirement or early service retirement allowance at the time of the member’s death.
B. In lieu of a survivor’s allowance, the surviving spouse may elect to receive a refund of the member’s accumulated contributions.
C. No beneficiary shall receive more than one survivor’s benefit at any one time, but may receive the highest eligible benefit, provided that after the spouse’s election to receive one of said benefits at the time of application for benefits, said election shall be final and irrevocable.
D. The survivor’s benefit is payable upon application and effective the day after the member’s death.
Added by Acts 1971, No. 26, §1. Amended by Acts 1972, No. 519, §1. Redesignated from La. Rev. Stat. 17:1630 pursuant to La. Rev. Stat. 24:253.