AI-assisted research summary: This section sets survivor benefits for spouses and children of certain retirement system members, including amounts, limits, remarriage rules, and a fraud exception for overpayment recovery.
§2242.8. Survivor benefits Benefits shall be payable to any survivor of an active contributing member who dies before retirement or a disability retiree who dies after retirement as specified in the following: (1)(a) If an active contributing member or a disability retiree either of whom has at least ten years of creditable service in the system dies and leaves a surviving spouse, the surviving spouse shall receive a benefit calculated according to the regular retirement formula, disregarding age, but not less than twenty-five percent nor more than fifty percent of the member's average final compensation. If the surviving spouse remarries, such benefit shall cease unless remarriage occurs after age fifty-five years; the benefit shall resume after a subsequent termination of the new marriage and upon approval of the board of trustees. (b) If the board of trustees determines that an active contributing member is killed as a result of injuries sustained in the line of duty, the cessation of benefits upon remarriage set forth in this Paragraph shall not apply. The surviving spouse shall receive a benefit equal to one hundred percent of the member's average final compensation less any survivor benefits payable to a surviving child or children as provided in this Section. The sum of survivor benefits paid to surviving children and a surviving spouse shall not exceed one hundred percent of the member's average final compensation. No funds derived from the assessments against insurers pursuant to R.S. 22:1476 shall be used to pay any increased costs or increase in liability of the system resulting from the payment of benefits to a surviving spouse pursuant to this Subparagraph. (2)(a) If an active contributing member or a disability retiree either of whom has at least ten years of creditable service in the system dies and leaves, in addition to a surviving spouse, one or more surviving children, each surviving child shall be paid monthly benefits equal to ten percent of the deceased member's average final compensation, or two hundred dollars per month, whichever is greater. However, benefits payable on account of each surviving child, when added to the benefits payable to the surviving spouse, shall not exceed an aggregate of one hundred percent of the deceased member's average final compensation. (b) If an active contributing member or a disability retiree either of whom has at least ten years of creditable service in the system dies and does not leave a surviving spouse but leaves one or more surviving children, each surviving child shall be paid monthly benefits equal to twenty percent of the deceased member's average final compensation. Benefits paid on account of each surviving child shall not exceed an aggregate of fifty percent of the average final compensation. If the deceased member is survived by only one surviving child, the surviving child shall be paid not less than twenty-five percent of the deceased member's average final compensation. (c) If at the time of a member's death the member is not married to the natural parent of any surviving child or children who are entitled to receive a payment pursuant to this Section and if a trust has been created by the deceased member for the benefit of such surviving child or children, the payment shall be made to any person designated as a trustee by the member on a certified copy of a trust document submitted to the system by the member. (3) If a member who is eligible for retirement dies before retiring, the surviving spouse shall automatically be paid benefits as though the member had retired on the date of his death and elected Option 2, naming the surviving spouse as beneficiary, or shall be paid benefits as provided in this Section, whichever is greater. (4) Any member who has twelve or more years of service credit established in the retirement system and who terminates covered employment and leaves his accumulated contributions in the retirement system in order to receive a retirement benefit upon reaching the applicable age shall be covered by the survivor benefit provisions found in this Section. (5) If the board of trustees determines that an active contributing member is killed as a result of injuries sustained in the line of duty, the requirement to have at least ten years of creditable service in the system shall not be applied. Notwithstanding any other provision of law to the contrary, the board of trustees shall not collect overpayments of survivor benefits paid in administrative error prior to June 30, 2020, except in a case of fraud, to the survivors of active contributing members with less than ten years of creditable service in the system who were killed as a result of injuries sustained in the line of duty. Acts 2012, No. 522, §1; Acts 2013, No. 220, §3, eff. June 11, 2013; Acts 2014, No. 811, §4, eff. June 23, 2014; Acts 2018, No. 345, §1, eff. June 30, 2018; Acts 2020, No. 249, §1, eff. July 1, 2020.