CHAPTER 37. SURVIVOR BENEFITS FOR DEPARTMENT

OF TRANSPORTATION EMPLOYEES

§2211. Financial security for surviving spouses and children of employees; death due to hazardous situation; liability waiver

            A. It is hereby declared to be the public policy of this department to provide for the financial security of surviving spouses and children of department employees when a department employee suffers death as a result of any injury arising out of a hazardous situation and in the course and scope of performing official duties as an employee of the Department of Transportation and Development.

            B.(1) In any case in which a department employee suffers death as a result of an injury arising out of a hazardous situation in the course and scope of performing his official duties as a department employee, and the death is not the result of an intentional act, the sum of one hundred thousand dollars shall be paid to the surviving spouse of the department employee, provided neither spouse has instituted a divorce proceeding. In the event the deceased employee leaves no surviving spouse, or if either spouse has instituted a divorce proceeding, the department shall pay the sum of one hundred thousand dollars to the child or children of the deceased employee. In the event the deceased employee leaves no children, the department shall pay the sum of one hundred thousand dollars to the named beneficiary listed on the department employee's beneficiary form. In the event there is no named beneficiary, the department shall pay the sum of one hundred thousand dollars to the estate of the deceased employee.

            (2) As a result of the named beneficiary provision in Paragraph (1) of this Subsection, each department employee shall complete a beneficiary form.

            C. Payment shall be made out of the Transportation Trust Fund. However, no payment shall be made pursuant to this Chapter unless the recipient of the survivor benefits signs all required documents waiving all rights to file suit against the department and releasing the department from any and all liability for the employee's death.

            D. The department shall promulgate rules under the Administrative Procedure Act as necessary to implement the provisions of this Chapter.

            Acts 2021, No. 475, §1, eff. June 29, 2021.