Louisiana Administrative Code
Title 58 - RETIREMENT
Part XXIII - Survivor Benefit Board
Chapter 1 - Law Enforcement Officers and Firemens Survivors Benefit Board (Formerly LAC 37:I.Chapter 11)
Section XXIII-107 - Claims Requests (Formerly LAC 37:I.1101.E)
Universal Citation: LA Admin Code XXIII-107
Current through Register Vol. 50, No. 9, September 20, 2024
A. All claims shall be submitted to the chairman of Law Enforcement Officers and Firemens Survivor Benefit Review Board through the Department of Justice, Attorney General.
B. All claim requests must include the following documentation:
1. notarized
affidavit for decedents date of employment, rank, duty assignment, routine work
schedule, work responsibilities, years of classified service if applicable, and
brief statement outlining injuries;
2. copy of decedents commission as police
officer/fireman;
3. notarized
affidavits from any witnesses to incident;
4. certified copy of investigative report, or
uncertified copy accompanied by notarized affidavit of reporting investigative
officer, which identifies copy of report as accurate reproduction of original
report;
5. certified copy of
decedents death certificate and autopsy protocol report;
6. notarized affidavit from decedents
surviving spouse stating their full name, address, date of marriage, and that
they were not legally separated or divorced at time of death. Also, a certified
copy of marriage license;
7. list
of names and birth dates of each minor child born to or adopted by decedent,
certified copies of birth certificates;
8. certified copy of letters of
tutorship;
9. notarized affidavit
of tutor or legal representative of surviving child stating child is unmarried
and under the age of 18, or alternately, is unmarried, under the age of 23, and
a student;
10. notarized affidavit
of caretaker of surviving child which states the major child is physically
and/or mentally handicapped, totally and permanently disabled, and solely
dependent upon decedent for support. Also, copy of the major childs medical
and/or psychological records; and
11. if decedent was not survived by a spouse,
child or children, a notarized copy of the departments form designating
decedents chosen beneficiary. If decedent is not survived by a spouse, child or
children, and no beneficiary designation form has been completed, any approved
qualifying claim shall be paid to the decedents estate.
C. Additional information required for some firemen:
1. for claims involving disabling
cancer under
R.S.
33:2011, a certified copy of medical
diagnosis of disabling cancer originating in the bladder, brain, colon, liver,
pancreas, skin, kidney, or gastrointestinal tract, and leukemia, lymphoma, and
multiple myeloma;
2. for claims
involving diseases or infirmity of the heart or lungs under
R.S.
33:2581, a certified copy of a medical
diagnosis of disease of the heart or lung during period of classified fire
service;
3. for claims involving
heart attack or stroke under
R.S.
40:1665.1, notarized affidavit providing that
heart attack or stroke occurred while on duty while fireman was engaged in an
activity which was stressful or physical, or participating in a training
exercise that involved stressful or strenuous physical activity, or no later
than 24 hours from engaging or participating in such activities, while on
duty.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1665, 40:1665.1, 40:1665.2, 40:1665.3, 33:2011, 33:2581, and 39:1533.
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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