Current through Register Vol. 50, No. 3, March 20, 2024
A.
Purpose
1. To establish an effective and
efficient mechanism for fulfilling the provisions of
R.S.
22:941(A)(5), which became
effective on July 6, 2007.
2. To
govern the submission, evaluation and determination of claims submitted
pursuant to
R.S.
22:941(A)(5).
B. Application
1. The rules will apply to all claims arising
from
R.S.
22:941(A)(5).
C. Definitions
Beneficiary-unless otherwise designated by
the deceased guardsman as set forth in this regulation, the person designated
by the guardsmen on DD Form 93 who receives the death gratuity from DoD
pursuant to Title 10 U.S. Code, Subtitle A, Part II, Chapter 75, Subchapter II,
Section 1475, et seq.
Course of Business-t he performance of the
business of the military forces of the State of Louisiana or the United
States.
DD Form 93-record of emergency data executed
by every member of LANG pursuant to DoD policies and regulations.
DoD-United States Department of
Defense.
Disabled or
Disability-permanent total disability.
Guardsmen or Guardsman-an
officer or enlisted member of the Louisiana National Guard.
LANG-Louisiana National Guard.
Period of Activation-
a. that period when the Governor of the State
of Louisiana orders a guardsman to state active duty pursuant to Title 29,
Section 7 of the Louisiana Revised Statutes; and
b. that period when the President of the
United States orders a guardsman to federal active duty pursuant to Title 10,
Section 12301 of the U.S. Code.
Permanent Total Disability-a 100 percent
permanent total or unemployability disability rating as determined by the U.S.
Veterans Administration (VA) for federal active duty or in accordance with the
worker's compensation law of this state for state active duty.
Qualifying Claim-t hose claims meeting the
criteria of claims request documentation, and the meaning ascribed to course of
business.
D. Claims for Benefits
1. All claims for death benefits under R.S.
22: 941(A)(5) shall be submitted to the Louisiana National Guard, ATTN: J-1,
Casualty Branch, Building 496, 3rd Street, Camp Beauregard, LA 71360. A claim
form may be obtained from this agency.
2. All claims for disability benefits under
R.S. 22: 941(A)(5) shall be submitted to Louisiana Department of Veterans
Affairs, P.O. Box 94095, 1885 Wooddale Blvd. Baton Rouge, LA 70804-9095. A
claim form may be obtained from this agency.
3. All death benefit claim requests must
include the following documentation:
a. the
guardsman's signed LANG death beneficiary designation form or, in absence
thereof, a signed DD Form 93;
b. DD
Form 1300 (death certificate) or death certificate from the state of
Louisiana;
c. a copy of the
guardsman's state or federal orders or copy of DD Form 214;
d. death benefit claim form signed by
claimant and certified by the Adjutant General or his designee.
Figure D Application for Death Benefits
Click Here To View
Image
4. All claims for disability benefits must
include the following:
a. a copy of the
guardsman's state or federal orders or copy of DD Form 214;
b. a rating decision by the U.S. Department
of Veterans Affairs or in accordance with the worker's compensation law of this
state;
c. disability benefit claim
form signed by claimant and certified by the Secretary of the Louisiana
Department of Veterans Affairs or his designee.
E. Death and Disability Benefit Payment
Eligibility
1. Benefits under
R.S.
22:941(A)(5) will be paid to
the beneficiary of guardsmen who die while on state active duty or federal
active duty. Benefits will also be paid in the event of death while a guardsman
is ordered to active duty by the governor pursuant to
R.S.
29:7 and in a federal pay status pursuant to
32 U.S.C
502(f)(1).
2. Benefits under
R.S.
22:941(A)(5) will be paid to
guardsmen who are disabled due to injuries suffered while on state active duty
or federal active duty. Benefits will also be paid in the event of disability
due to injuries suffered while a guardsman is ordered to active duty by the
governor pursuant to
R.S.
29:7 and in a federal pay status pursuant to
32 U.S.C
502(f)(1).
3. Benefits under this Part will not be paid
to guardsmen who die or become disabled while in any training status pursuant
to Title 29 of the Louisiana Revised Statutes or Title 32 of the U.S.
Code.
4. Members of the Active
Guard Reserve (AGR) program, federal technicians and state employees are not
eligible for benefits under
R.S.
22:941(A)(5) unless
otherwise qualified as set forth in Paragraph E.1 or E.2 of this
regulation.
5. Guardsmen who die or
become disabled while on state active duty or federal active duty, but are not
in the course of business at the time of their death or injury may not be
eligible for benefits under
R.S.
22:941(A)(5). If an
investigation determines that the Guardsman was not in the line of duty as
defined by Army Regulation 600-8-4 at the time of his death or injury, that
Guardsman may be determined to be ineligible for this benefit.
6. Guardsmen who are declared 100 percent
disabled by the U.S. Veterans Administration for injuries suffered during a
Period of Activation are eligible for the disability benefit under
R.S.
22:941(A)(5). Eligibility
for guardsmen who become disabled due to injuries suffered while on state
active duty will be determined in accordance with the worker's compensation law
of this state.
F.
Determination of Eligibility and Payment of Benefits
1. Death benefit eligibility and
certification will be determined by The Adjutant General or his
designee.
2. Disability benefit
eligibility and certification will be determined by the Secretary of the
Louisiana Department of Veterans Affairs or his designee.
3. Payment to eligible recipients of
qualified claims will be made by the Louisiana Office of Risk Management after
certification of eligibility and request for payment is made as set forth
herein above.
G.
Beneficiary Designation by Guardsmen
1. All
members of LANG shall complete and execute a "Death Benefit Beneficiary
Designation Form" which will contain the name of the beneficiary of the
guardsman's death benefit under
R.S.
22:941(A)(5) to whom this
benefit will be paid in a lump sum.
2. The designation form will be signed by the
guardsman before a witness in the grade of E-7 or above.
3. The designation form will be kept in the
personnel files of the LANG in the regular course of business.
Figure G Sample Beneficiary Designation Form
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AUTHORITY NOTE:
Promulgated in accordance with
R.S.
29:11(F).
