Hon Holli Vining
Upon the death of any actively contributing member who has credit for less than five years service, or any former member who has credit for less than twelve years service, and has neither retired nor received a refund of his accumulated employee contributions, the amount of his accumulated employee contributions will be paid to his designated beneficiary or, if none, to his estate.
Upon the death of any actively contributing member who has credit for five or more years of service and is survived by a legal spouse, the surviving spouse will be paid either:
In order to select (2) above, a surviving spouse must notify the board of such selection within ninety days of the death of the member. The selection will be final and irrevocable and will be in lieu of eligibility for (1) above.
Any survivor of a member or former member who is eligible for a monthly survivor benefit may apply for and receive a refund of the member's accumulated employee contributions in lieu of monthly survivor benefits by notifying the board in writing and executing a waiver of all survivor benefits.
When a minor child applies for survivor benefits based upon being disabled, the issues of disability and continuation of disability shall be determined as if the application were for disability benefits.
Payment of Death and Survivor Benefits; Public Retirement – (See R. S. 29:415)
The employee's period of service in the uniformed services must be counted as creditable service in the public retirement system in which he was a member, for determining eligibility for death and survivor benefits and in the computation of benefits, provided that the following conditions are satisfied:
If all of the conditions set forth above are satisfied, the employer must pay the employer contributions in a manner consistent with this Subpart.
If the beneficiary of the death or survivor benefits of the deceased member elects not to pay the employee contributions due the system on account for such service in the uniformed services credit, the computation of death and survivor benefits will be based on the actual service of the reservist in the system prior to his call to service in the uniformed services. The death or survivor benefits provided for herein will be due and payable upon the death of the reservist.
If the application of any provision set forth in this Section results in an unpaid actuarial cost to the retirement system, it will be borne by the employers through reflection in the employer rate established by the Public Retirement Systems Actuarial Committee.
Inapplicability to Deferred Retirement Option Plans; Public Retirement –(See R. S. 29:415.1)
The provisions of this Subpart are inapplicable with respect to employees who are participants in a deferred retirement option plan.
Survivor Benefits – (See R. S. 11:234)
Notwithstanding any other provision of law to the contrary, any person who, after June 22, 1993, is receiving survivor benefits or becomes eligible to receive survivor benefits shall not have their benefits discontinued upon remarriage if such remarriage occurs after their attaining age fifty-five.
If a trust has been created under Louisiana law by a member of the system for the benefit of the member's minor child(ren), the terms of the instrument creating the trust so provide, and the retirement system has been provided with a certified copy of the trust document, then a survivor benefit due a minor child(ren) shall be paid to the trustee for addition to the trust property.
When funds are payable by the retirement system to the succession or estate of a deceased member or retiree, the funds may be paid to the member's surviving spouse, provided that neither the member or spouse had previously instituted divorce proceedings. If the deceased member leaves no surviving spouse, or if either the member or the spouse had instituted a divorce proceeding, the funds may be paid to any major child of the deceased member.
In order to receive such funds, the surviving spouse or major child must execute an instrument before two witnesses that provides the following:
The system may make these payments without any court proceedings, court order, or authorizing judgment of a court (i.e. the formal opening of a succession) and without determining whether any inheritance taxes may be due or whether the funds belong to the separate estate of the decedent or to the community that existed between the decedent and the surviving spouse. Such payments should only be made in cases where the system forwards an affidavit stating the name of the deceased, the amount paid, the name of the recipient, and a copy of the release document substantiating the release to the secretary of the Department of Revenue within ten calendar days of the release of the funds.
The execution of the instrument by the recipient and the receipt by such person of such payment constitutes a full release and discharge of the system for the amount paid and for all inheritance taxes which may be determined to be due. No person, natural or juridical, shall have any right or cause of action against the system because of such payment.
Louisiana Clerks of Court Association
10202 Jefferson Highway, Building A
Baton Rouge, LA 70809
(800) 256-6660 or (225) 293-1162