§415. Payment of death and survivor benefits; public retirement
A. The employee's period of service in the uniformed services shall be counted as
creditable service in the public retirement system in which he was a member, for determining
eligibility for death and survivor benefits and in the computation of benefits, provided that
the following conditions are satisfied:
(1) The beneficiary of the death or survivor benefits shall provide payment of the
unpaid portion of the contributions of the deceased member. The beneficiary may agree in
writing to have the payment of the unpaid portion of the contributions of the deceased
member deducted from the benefits over a period not to exceed four years. The beneficiary
may pay, in the alternative, the required amount in a lump sum prior to the distribution of
benefits.
(2) If there is more than one beneficiary, a written agreement to pay the unpaid
contributions of the deceased member shall be unanimous. In the event that a recipient is a
minor child, the legal guardian of the minor child shall express consent for the minor child.
(3) The board of trustees of every public retirement system defined in R.S. 29:403,
shall adopt a written policy covering all beneficiaries' and survivors' rights to pay the
required contributions in order to have the employee's military service computed in the
computation of any death or survivor benefits payable under the system.
B. If all of the conditions of Subsection A are satisfied, the employer shall pay the
employer contributions in a manner consistent with this Subpart.
C. If the beneficiary of the death or survivor benefits of the deceased member elects
not to pay the employee contributions due the system on account for such service in the
uniformed services credit, the computation of death and survivor benefits shall be based on
the actual service of the reservist in the system prior to his call to service in the uniformed
services. The death or survivor benefits provided for herein shall be due and payable upon
the death of the reservist.
D. If the application of any provision set forth in this Section results in an unpaid
actuarial cost to the retirement system, it shall be borne by the employers through reflection
in the employer rate established pursuant to R.S. 11:102 or 103, or as provided by the
actuarial funding requirements and any other laws, rules, or regulations applicable to the
public retirement system in which the employee receives credit pursuant to the provisions
of this Part.
Acts 1991, 1st E.S., No. 6, §1, eff. April 17, 1991; Acts 1995, No. 716, §1, eff. June
21, 1995; Acts 2018, No. 225, §2, eff. May 15, 2018.