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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 09/04
STATE OF LOUISIANA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact Vital Records, P. O.
Box 60630, New Orleans, LA 70160, phone (504) 568-5152.
STATE DEATH BENEFITS
This benefit is provided by the state of Louisiana.
(R.S. 33:2201)
(1) In any case in which a law enforcement officer suffers death as a result of any injury arising
out of and in the course of the performance of his official duties as such officer, or arising out of
any activity, while on or off duty, in his capacity as a law enforcement officer, in the protection
of life or property, the sum of fifty thousand dollars shall be paid to the surviving spouse of
each officer or, if not survived by a spouse, the sum of fifty thousand dollars shall be paid to
the surviving parent or divided equally between the surviving parents if both survive.(
2004-ACT816) In addition, if the officer is survived by dependent children, the sum of twentyfive
thousand dollars shall be paid for each of the dependent children, such sums to be paid
to the duly appointed and qualified tutor or the legal representative of the child or children.
Payment shall be made by the state risk manager out of the Self-Insurance Fund created in R.S.
39:1533(A).
(2) In order to facilitate the operation of this Section, within ten days after the employing
authority has knowledge of the death of a law enforcement officer under circumstances covered
by this Section or under circumstances believed by the employing authority or by the surviving
spouse or the legal representative of an eligible surviving child or children to be covered by the
provisions of this Section, he shall notify the Law Enforcement Officers and Firemen's Survivor
Benefit Review Board of the death, the date thereof, and the circumstances surrounding the
death, and shall furnish such other information as may be requested by the Law Enforcement
Officers and Firemen's Survivor Benefit Review Board (R.S. 33:1947).
Contact the Law Enforcement Officers and Firemen's Survivor Benefit Review Board,
1885 N. 3rd Street, Baton Rouge, LA 70802 (mailing address P. O. Box 2391, Baton Rouge,
LA 70821-2391), telephone (225) 326-6150.
STATE PENSION BENEFITS
Pensions to survivors of Public Safety Officers are handled through various pension systems.
Below you will find brief looks at each of the largest pension systems within the state of
Louisiana as they pertain to death benefits. These systems do not cover all departments within
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the state. Some municipalities have their own pension plans while other departments pay only
into Social Security.
Approximately 250 police departments pay into the Municipal Police Employees Retirement
System (MPERS). This statewide system was established in 1973. Where the board of trustees
determines that an active member is killed as a result of injuries sustained in the line of duty and
if the injury occurs on or after January 1, 2001, the surviving spouse shall receive a benefit
equal to 100% of the deceased member’s final average compensation less any survivor
benefits payable to a child or children as provided under the provisions of R.S. 11:2220B.
Minor children may draw up to $200 a month. A provision raising children's benefits, in the
event there is no surviving spouse, was passed by the legislature. A surviving spouse continues
to draw their pension until death.
Further information concerning this system can be obtained at 7722 OFFICE PARK
BOULEVARD - SUITE 200 BATON ROUGE, LOUISIANA 70809-7601, TELEPHONE 1-
800-443-4248 OR (225) 929-7411 - http://www.lampers.org.
All Louisiana State Troopers pay into the Louisiana State Police Retirement System. Benefits
under this plan provide a surviving spouse to draw 75% of the troopers salary. Spouse’s benefit
ends if (s)he remarries prior to attaining age 55. If there is no surviving spouse to receive the
pension of a member whose death is classified as in the line of duty, the minor children, if any,
will receive a monthly pension equal to seventy-five percent of the average salary of the
deceased employee. This benefit is exempt from income taxes.
Information concerning this system can be obtained by contacting Louisiana State Police
Retirement System, 3100 Brentwood Drive, Suite B, Baton Rouge LA 70809, Phone: (225)
925-4878 or Toll Free: (800) 256-5210 -- http://www.lsprs.state.la.us.
All sheriff departments in the state pay into the Louisiana Sheriff’s Pension and Relief Fund.
This system provides that a surviving spouse draws a benefit of no less than 50% and no more
than 80% of the members salary. Spouses continue to draw this pension for life. A provision
providing children's benefits, in the event there is no surviving spouse, provides said children
with 15% of the members salary per child, not to exceed 60%. This system also provides
parents who were dependent upon the member for support, to draw $100 a month.
Information concerning this system can be obtained by contacting the Fund at 225-343-8402.
Telephone 225.219.0500, Postal address: 1225 Nicholson Drive Baton Rouge, LA 70802 -
http://www.lsprf.com/
EDUCATIONAL BENEFITS
This benefit is provided through Special Scholarships (R.S. 17:1681 and 1681.1).
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Any child of a commissioned, full-time police officer who was or is killed or permanently
disabled after January 1, 1973, in the course and scope of the performance of his duties, which
child is otherwise eligible and meets all of the entrance requirements of a state supported college
or university without payment of any fees for tuition, books or other charges, including
room and board charges, as long as such child meets the academic standards and complies with
the rules and regulations of such college or university required for attendance therein as a fulltime
student.
In no event shall such scholarship exceed eight semesters for any one child.
Further information and application procedures regarding special scholarships can be obtained
from the admission's/registrar's office of the college or university and/or the Louisiana
Department of Education.
HEALTH BENEFITS
Varied. Check with your local police department benefits package.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers in Louisiana; however, waivers
are allowed.
Benefit to surviving spouse only is 32 1/2% of employee's wage and to surviving spouse with
child(ren) is 65% of employee's wage, with a minimum weekly benefit of $85 or actual wage
if less than $85 and a maximum weekly benefit of $319. A maximum burial allowance of
$3,000 is also allowed.
Two-year lump sum payable to spouse upon remarriage and weekly benefits cease. Children
receive benefits until age 18 or beyond age 18 if physically or mentally disabled, or until age
23 if full-time students.
To receive workers' compensation benefits the surviving spouse must take the initiative and file
a workers' compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by the
Workers Compensation Appeals Board.
Contact the Office of Workers' Compensation Administration, Louisiana Department of
Labor, 1001 N. 23rd Street, Baton Rouge, LA 70802 (mailing address P. O. Box 94040,
Baton Rouge, LA 70804-9040), telephone (504) 342-7555.
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PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution - When a person dies and leaves no will, property descends to various
persons by law depending upon classification of property as community or separate property of
deceased. Community property of deceased is inherited by his descendants (C.C. 888,
added Act 919 of 1981); or if he leaves no descendants, by his surviving spouse in full
ownership (C.C. 889, added Act 919 of 1981. Descendants include persons born of marriage,
those adopted and those whose filiation to parent has been established in manner provided by
law, and their and their own descendants who may represent them if they died before deceased.
(C.C. 3556(8), as amended Act 919 of 1981). Separate property of deceased is inherited, in
successive order if they survive him, by his descendants; his brothers or sisters and their
descendants; his parents; his surviving spouse; his ascendant; and other collateral heirs. (C.C.
891-6, added Act 919 of 1981).
Share of community property inherited by descendants is subject to usufruct of surviving spouse.
(C.C. 890, added Act 919 of 1981). See subhead surviving spouse, infra.
Rights of each of these various classes of heirs are as follows:
Descendants succeed to property of their ascendant in equal portions and by heads if they are in
same degree, and by roots if all or some of them succeed by representation. (C.C. 888, added
Act 919 of 1981). They inherit both separate and community property to exclusion of other
heirs, subject to usufruct rights of surviving spouse. In vitro human embryos have inheritance
rights of children if subsequently they develop into unborn children later born in live birth.
Parents; Brothers and Sisters - If deceased leaves no descendants but is survived by father,
mother or both, and by brother or sister, or both, or descendants of last, brothers or sisters or their
descendants succeed to separate property of deceased, subject to usufruct in favor of surviving
parent or parents. If both parents survive deceased, usufruct is joint and successive. Parent
includes one legitimately filiated to deceased or filiated by legitimation or by acknowledgement
under C. C. 203 or by judgment under C.C. 209, or who has openly and notoriously treated child
as his own and has not refused to support him. (C.C. 891, added Act 919 of 1981). If deceased
leaves neither descendants nor parents, his brothers or sisters or their descendants succeed to his
separate property in full ownership to exclusion of other ascendant and other collateral. (C.C.
892, added Act 919 of 1981).
Property that devolves to brothers or sisters is divided among them equally if they are all born
of same parents. If they are born of different unions, it is equally divided between paternal and
maternal lines of deceased: Brothers or sisters fully related by blood take in both lines and those
related by half-blood take each in his own line. If there are brothers or sisters on one side only,
they take entirety to exclusion of all relations in other line. (C.C. 893, added Act 919 of 1981).
Brothers and sisters of deceased, or their descendants, inherit in their own right or by
representation, as regulated by laws referring to latter. (C.C. 881-7, added Act 919 of 1981).
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Surviving Spouse - Share of community, undisposed of by deceased, is inherited by surviving
spouse if there are no descendants. (C.C. 889, added Act 919 of 1981). If deceased leaves
descendants, his or her undisposed of share of community is inherited by descendants is subject
to usufruct of surviving spouse, unless deceased has disposed of that share adversely to interest
of surviving spouse. Usufruct terminated when surviving spouse contracts another marriage,
unless confirmed by will for life or for shorter period. Such usufruct and does not impinge on
forced share of descendants. Deceased may by testament grant usufruct for life or for shorter
period to surviving spouse over all or part of his separate property, regardless of inheriting heir.
This usufruct is also legal usufruct, not impingement on legitimacy of forced heirs, but they may
seek security. Property subject to such usufruct includes pension or retirement plan payments, if
community property.
If deceased died rich leaving spouse in necessitous circumstances marital portion in varying
amounts may be available, subject to maximum of $1,000,000.
PEER SUPPORT
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families of
law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide.
Contact Louisiana COPS, James Cook, President, 2215 Pitre St, Westlake, LA 70669,
(337)842-8680, slacops@aol.com.
Additional Benefits
Southern States Police Benevolent Association, Inc.
The PBA member’s beneficiary will receive their base salary for one if year they are killed
accidentally or intentionally while performing their law enforcement duties (maximum payout:
$60,000). The beneficiary will receive $5,000 if it is not an occupational death or if you are a
retired or reserve member. Any active Southern States PBA member in good standing and dues
current will receive this benefit. Contact: Southern States Police Benevolent Association,
Inc., 1900 Brannan Road, McDonough, GA 30253-4310, telephone 1-800-233-3506, or visit
www.sspba.org.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller