Louisiana Revised Statutes 11:1317 – Pension of children of deceased employee and children of deceased retired employees; certain members hired on or before December 31, 2010
Terms Used In Louisiana Revised Statutes 11:1317
- average salary: as used in this Chapter for the purpose of determining pension payments and retirement is the average salary including any additional pay or salary provided by the legislature over and above that set by the Civil Service Commission, received for the year ending on the last day of the month immediately preceding the date of retirement or date of death or for any one-year period, whichever is the greatest. See Louisiana Revised Statutes 11:1310
- Minor Child: means a child of a member of this system who is under the age of eighteen years or who is a student who is under the age of twenty-three years. See Louisiana Revised Statutes 11:1301
- Student: means a person in a high school, a vocational-technical school, or a college or university, in a sufficient number of courses and classes in an accredited institution to be classified as a full-time regular student under the criteria used by the institution in which he is enrolled. See Louisiana Revised Statutes 11:1301
A.(1) This Section shall apply to any employee whose first employment making him eligible for membership in one of the state systems occurred on or before December 31, 2010. If there is no surviving spouse to receive the pension due a spouse of any police employee or retired employee under La. Rev. Stat. 11:1320 or 1322, or if the spouse has remarried and forfeited his or her benefit under La. Rev. Stat. 11:1321, the minor children of the deceased employee or deceased retired employee, if any, shall receive a monthly pension equal to the greater of:
(a) Sixty percent of the average salary of the deceased police employee; or
(b) The pension that would have been received by the surviving spouse under La. Rev. Stat. 11:1320 or 1322 or was being received under La. Rev. Stat. 11:1321.
(2) The monthly benefit received by the surviving children pursuant to the provisions of this Subsection shall be divided equally among the surviving children.
B. As each minor child reaches eighteen years of age, or twenty-three years of age if a student, he shall receive no further benefits.
Amended by Acts 1981, No. 272, §1; Redesignated from La. Rev. Stat. 40:1432 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 2001, No. 235, §1, eff. June 1, 2001; Acts 2010, No. 992, §1, eff. Jan. 1, 2011.