BATON ROUGE, La. — Today’s top story– caring for the families of our fallen officers.
The Attorney General brought together the “benefit review board” to approve benefits available for those men’s families…Local 33’s Lucy Hayes is live in the studio with more.
He said he is committed to doing everything within the law to help the families.
They started the paperwork this afternoon and are expected to meet again in about a week or so for final approval of these benefits.
“I just cannot imagine what these families are going through,” said State Fire Marshal Butch Browning.
After the caskets are sealed and the community begins to heal, the families are left behind, and the state wants to make moving forward a little easier for them.
“It’s really sad, you know a lot of times funerals happen. Families go through deaths; they always say well you know the person has been buried and weeks pass, that’s when the reality hits. I got to tell you sitting up there reality hit me. That this really happened. It seemed like a blur,” said Browning.
Jeff Landry met with all three families and told them they will receive $250,000 plus $25,000 for each child. Those children will also have the opportunity to go to college in Louisiana tuition free.
“We wanted to do was to make sure that bureaucracy didn’t get in the way of getting benefits to those families. You know it is not so much about the money, but the fact that those widowers don’t need to worry,” said Landry.
Browning says while they do see about six deaths a year between firefighters and police officers.. This time was different.
“If that would be my family, they would say give the money take the money. We don’t want the money. We want our dad back. We want our husband back. It’s just so real . It’s a shame that we have to meet to talk about firefighters and police officers losing their lives. Especially in this circumstance, where we know this is so tragic this is so unpredictable,” said Browning.
“If through my office we can aid them in making any part of their grieving easier we wanted to do so.
Will there be financial assistance for the deputy who is in critical condition.
Deputy Tullier was not part of this funding. Browning says by law this is for law enforcement who have died, but he still could receive benefits from a charitable fund or disability and health coverage.
Chapter 7-a. Firemen and law enforcement officers – survivor benefits
Subpart a-1. Payment to surviving spouse
And children
§1665.2. Financial security for surviving spouses and children of law enforcement officers in certain cases
A. It is hereby declared to be the public policy of this state, under its police power, to provide for the financial security of surviving spouses and dependent children of law enforcement officers where such officers suffer 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 the protection of life or property.
B. Law enforcement officers, within the meaning of this section, shall include the following:
(1) all sheriffs and deputy sheriffs in the state employed on a full time basis.
(2) all members of the state police thus employed.
(3) all municipal police officers employed on a full-time basis.
(4) all enforcement personnel of the louisiana wildlife and fisheries commission.
(5) all state probation and parole officers, including juvenile probation and parole officers.
(6) all security personnel and cottage parents working at state adult and juvenile correctional institutions, and
(7) any police cadet of a political subdivision, as defined in article vi, section 44 of the louisiana constitution of 1974, when such cadet has been assigned and is performing police duties, even though said cadet has not been commissioned as a police officer therein.
(8) all correctional officers and cottage parents employed at any facility under the jurisdiction of the department of corrections.
(9) all members of the capitol police.
(10) all reserve or auxiliary law enforcement officers. For the purposes of this paragraph, a reserve or auxiliary law enforcement officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as an agency’s representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law.
(11) all full-time harbor police of any port, harbor and/or terminal district of this state.
(12) all members of the louisiana national guard who are killed in the line of duty while on active state duty with the national guard providing assistance during a period of civil disturbance or natural disaster or imminent danger thereof.
(13) commissioned security officers of the department of public safety.
(14) all commissioned state park wardens.
(15) all investigators of the investigation division of the louisiana department of justice and the elections compliance unit of the louisiana department of state.
(16) all city marshals and city constables and their deputies and all constables of justice of the peace courts and their deputies.
(17) repealed by acts 2012, no. 866, §3, eff. Jan. 1, 2013.
(18) university and college police officers at state universities and colleges.
(19) personnel who are employed as police officers by educational institutions which are members of the louisiana association of independent colleges and universities.
(20) on and after january 1, 2011, all state employees conducting investigations, serving subpoenas, warrants, pleadings, or other orders of the court, or collecting evidence concerning the affairs of a person upon a reasonable belief that the person has engaged in, or is engaging in, an act or practice that violates state law.
(21) all full-time tribal law enforcement officers regularly employed by a federally or state-recognized indian tribe or tribal unit.
(22) all enforcement and emergency services personnel of the office of the state fire marshal.
C.(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 two hundred fifty thousand dollars shall be paid to the surviving spouse of each officer or, if not survived by a spouse, the sum of two hundred fifty thousand dollars shall be paid to the surviving child or children or, if not survived by a spouse nor a child or children, then the sum of two hundred fifty thousand dollars shall be paid to the named beneficiary listed on the officer’s beneficiary designation form or, if there is no designation form at the time of the officer’s death, and no surviving spouse nor a child or children, then the sum of two hundred fifty thousand dollars shall be paid to the officer’s estate. Each officer shall complete a beneficiary designation form. In addition, if the officer is survived by a dependent child or children, the sum of twenty-five 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 one year 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.
(3) if, at the time of his death, the officer is not married to the other natural parent of any minor child or children who are entitled to receive a payment pursuant to this section, the payment shall be made to any person designated as a trustee by the officer on a form provided by his employer.
D. Notwithstanding the provisions of r.s. 49:112 or of any other law to the contrary, any person or persons who were entitled to claim benefits under the provisions of article xiv, section 15.2, of the constitution of louisiana of 19211, for a surviving spouse and dependent children of a law enforcement officer, who suffered death from physical violence while engaged in the direct apprehension of a person during the course of the performance of his duties, may assert such claim according to the procedures provided by this section1 but according to the factual criteria required and limited to the amount of the benefits provided for such survivors under said article xiv, section 15.2, at the time of the officer’s death.
E. Honorary law enforcement officers shall not be considered or interpreted to be law enforcement officers under this section.
F. In addition to the provisions of subsection a of this section, the surviving spouse or child of a law enforcement officer who is a commissioned law enforcement officer and who is certified by the council on peace officers standards and training at the time of his death shall be entitled to the payments provided for in paragraph (c)(1) of this section, if either of the following occur:
(1) the officer was traveling to or from a public safety emergency or was responding to a request for law enforcement assistance regarding the health, safety, or welfare of the public.
(2) the officer was traveling to or from his residence and his authorized work area while using a law enforcement vehicle provided by his employing agency.
Added by acts 1975, 1st ex.sess., no. 26, §1, eff. Feb. 20, 1975. Amended by acts 1975, no. 448, §1; acts 1975, no. 806, §1; acts 1976, no. 532, §1; acts 1976, no. 666, §1; acts 1979, no. 382, §1; acts 1979, no. 418, §1; acts 1980, no. 638, §1; acts 1981, no. 377, §1; acts 1982, no. 507, §1, eff. July 22, 1982; acts 1982, no. 595, §1, eff. July 22, 1982; acts 1983, no. 206, §1; acts 1988, no. 595, §1, eff. July 14, 1988; acts 1989, no. 308, §§1, 3; acts 1992, no. 88, §1; acts 1992, no. 175, §1; acts 1993, no. 422, §1; acts 1995, no. 852, §1; acts 1999, no. 288, §1; acts 1999, no. 623, §1, eff. June 30, 1999; acts 2004, no. 816, §1; acts 2005, no. 35, §1; acts 2005, no. 321, §1; acts 2005, no. 407, §1; acts 2006, no. 480, §1; acts 2008, no. 475, §1, eff. June 25, 2008; acts 2011, no. 157, §1, eff. June 24, 2011; acts 2012, no. 280, §1, eff. May 25, 2012; acts 2012, no. 866, §3, eff. Jan. 1, 2013; acts 2013, no. 238, §1; acts 2014, no. 246, §1; redesignated to r.s. 40:1665.2. See acts 2014, no. 158, §§3 and 7.
1as appears in enrolled bill.
Note: see acts 1999, no. 1021 relative to a suspension of the prescriptive period for a minor to establish filiation for the purpose of survivor benefits.
Note: see acts 2006, no. 480, §2, relative to retroactive and prospective application.
Note: see acts 2012, no. 280, §3 regarding retroactive effect of subsection f as enacted by the act.
§1681.1. Scholarships for children of police officers, deputy sheriffs, or certain probation and parole officers killed or permanently disabled in performance of duty; certain other investigative employees
A. Any child of a police officer, deputy sheriff, or adult probation and parole officer within the division of probation and parole of the department of public safety and corrections who was or is killed or permanently disabled after january 1, 1973, in the course and scope of the performance of his duties as such, which child is otherwise eligible and meets all of the entrance requirements of a college or university, shall be admitted to such college or university without the payment of any fees or other charges for tuition, books, reference manuals, and other aids to instruction required in any undertaken course and room and board 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 full-time student. Such exemption shall exist for such child for the number of semesters required of a full-time student to obtain one bachelor’s degree offered by such college or university.
B. In no event shall such scholarship exceed eight semesters for any one child.
C. The requirements of and benefits for any child of a law enforcement officer as provided in this section shall also apply to any child of any state employee who was or is killed after january 1, 2011, in the performance of his duties conducting investigations, serving subpoenas, warrants, pleadings, or other orders of the court, or collecting evidence as provided in r.s. 40:1665.2(b)(20).
Added by acts 1974, no. 353, §1; acts 1997, no. 868, §1; acts 1999, no. 822, §1; acts 2012, no. 668, §1, eff. June 7, 2012; acts 2014, no. 158, §§3 and 7.