Louisiana Administrative Code
Title 58 - RETIREMENT
Part V - Firefighters' Pension and Relief Fund for the City of New Orleans and Vicinity
Chapter 9 - Death Benefits
Section V-907 - Preretirement Death Benefits
Universal Citation: LA Admin Code V-907
Current through Register Vol. 50, No. 9, September 20, 2024
A. Nonduty Deaths
1. If an actively employed
firefighter in the new system or one in the old system electing coverage under
the new system, who is eligible by age and service to retire, should die a
nonduty death, and if he had been married for two years or more at the time of
his death, the surviving spouse may elect one of the following death benefits:
a. the surviving spouse shall receive an
annuity payable for the duration of her life and calculated as if the employee
had retired prior to death (R.S.
11:3385, Option 2, penultimate paragraph);
or
b. the surviving spouse may
alternatively receive a refund of the employee's accumulated contributions, in
lump sum.
2. If an
actively employed firefighter in the new system or one in the old system
electing coverage under the new system, who is eligible by age and service to
retire, should die a nonduty death, and if the firefighter had been married for
less than two years or was unmarried at the time of his death, the designated
beneficiary may elect one of the following death benefits:
a. the designated beneficiary shall receive
an annuity payable for the duration of his or her life and calculated as if the
employee had retired prior to death (R.S.
11:3385, Option 2, penultimate paragraph);
or
b. the designated beneficiary
may alternatively receive a refund of the employee's accumulated contributions,
in lump sum.
3. If an
actively employed firefighter in the new system or one in the old system
electing coverage under the new system, who is eligible by age and service to
retire, should die a nonduty death, and if the firefighter had been married for
less than two years or was unmarried at the time of his death, and if the
firefighter has failed to designate a beneficiary to receive any death benefits
payable, a refund of the employee's accumulated contributions, in lump sum,
shall be paid to the person or persons who meet the trustees' definition of
Legal Representatives, as defined in Article I.5 hereof.
NOTE: Where no beneficiary has been designated, the legal representative will receive a refund of the employee's contributions plus interest earned thereon.
4.
If an actively employed firefighter in the new system, or one in the old system
electing coverage under the new system, who is not eligible by age and service
to retire when he suffers a nonduty death, his designated beneficiary may elect
payment to the statutory beneficiaries of the benefits set forth in
R.S.
11:3378.A(2) and
R.S.
11:3378.B or may elect to receive a refund of
the employee's contributions.
5. If
an actively employed firefighter in the new system, or one in the old system
electing coverage under the new system, who is not eligible by age and service
to retire when he suffers a nonduty death, and he fails to designate a
beneficiary to receive any death benefits payable, a refund of the employee's
accumulated contributions, in lump sum, shall be paid to the person or persons
who meet the definition of Legal Representatives, as defined
in Article I.5 hereof.
6. If an
actively employed firefighter in the new system, or one in the old system
electing coverage under the new system, who is not eligible by age and service
to retire when he suffers a nonduty death, and the firefighter is survived by
dependent minor children or physically or mentally handicapped dependent
children, each child will receive a death benefit set forth in
R.S.
11:3378.A(2).
B. On-Duty Deaths
1. If an actively employed firefighter in the
new system, or one in the old system electing coverage under the new system,
whether or not he is eligible by age and service to retire when he suffers
death in the line of duty, the surviving spouse shall elect one of the
following death benefits:
a. the surviving
spouse shall receive an annuity payable for the duration of her life and
calculated as if the participant had survived till he had 20 years service at
the same salary and elected to retire under R.S. 33:2117.4, Option 2 with no
reduction for age at the date of retirement. The Option 2 calculation shall be
based on his age and the age of his widow at the date of death (R.S.
11:3385, last paragraph); or
b. the surviving spouse may alternatively
receive a refund of the employee's accumulated contributions, in lump
sum.
2. If an actively
employed firefighter in the new system, or one in the old system electing
coverage under the new system, whether or not he is eligible by age and service
to retire when he suffers death in the line of duty, and if the employee is
unmarried at the time of death, his designated beneficiary may elect one of the
following death benefits:
a. the designated
beneficiary shall receive an annuity payable for the duration of her life and
calculated as if the participant had survived till he had 20 years service at
the same salary and elected to retire under
R.S.
11:3385, Option 2 with no reduction for age
at the date of retirement. The Option 2 calculation shall be based on his age
and the age of his designated beneficiary at the date of death (R.S.
11:3385, last paragraph); or
b. the designated beneficiary may elect to
receive a refund of the employee's accumulated contributions, in lump
sum.
3. If an actively
employed firefighter in the new system, or one in the old system electing
coverage under the new system, whether or not he is eligible by age and service
to retire when he suffers death in the line of duty, and is unmarried at the
time of death but has failed to designate a beneficiary, a refund of the
employee's accumulated contributions, in lump sum, shall be payable to the
person or persons who meet the trustees' definition of Legal
Representatives, as defined in Article I.5 hereof.
AUTHORITY NOTE: Promulgated in accordance with R.S. 11:3361 and R.S. 11:3378 et seq.
NOTE: Where no beneficiary has been designated, the legal representative shall receive a refund of the employee's contribution plus interest earned thereon.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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