Louisiana § RS 11:586 - Death benefits of minor children

§ RS 11:586. Death benefits of minor children

            A. If there is no surviving spouse to receive the benefit provided under R.S. 11:585, minor children of the deceased member shall receive a monthly pension in the proportions set out as follows:

            (1) Four or more such children--sixty percent of the average compensation of the deceased member, equally divided among them.

            (2) Three such children--fifty percent of the average compensation of the deceased member, equally divided among them.

            (3) Two such children--forty percent of the average compensation of the deceased member, equally divided among them.

            (4) One such child--thirty percent of the average compensation of the deceased member.

            (5) If the member's death resulted from an intentional act of violence and the member has a minor, or handicapped or mentally incapacitated child or children, the amount of the total benefit shall equal one hundred percent of the member's average compensation. The benefit shall be shared equally by the children. When a child who is not handicapped or mentally incapacitated no longer meets the definition of minor child under R.S. 11:403, his benefit shall cease, and the remaining beneficiaries shall have their shares adjusted accordingly.

            B. Except as otherwise provided in Paragraph (A)(5) of this Section, when a child no longer meets the definition of minor child as provided in R.S. 11:403, he shall receive no further benefits and the monthly pension shall be reduced by the amount previously paid to him.

            Added by Acts 1972, No. 135, §2, eff. July 26, 1972; Redesignated from R.S. 56:687 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 2015, No. 44, §1, eff. June 5, 2015; Acts 2018, No. 224, §1, eff. May 15, 2018.