AI-assisted research summary: Eligible minor children can receive a monthly pension when there is no surviving spouse, or the spouse has remarried and forfeited the benefit.
§1317. Pension of children of deceased employee and children of deceased retired employees; certain members hired on or before December 31, 2010 A.(1) This Section shall apply to any employee whose first employment making him eligible for membership in one of the state systems occurred on or before December 31, 2010. If there is no surviving spouse to receive the pension due a spouse of any police employee or retired employee under R.S. 11:1320 or 1322, or if the spouse has remarried and forfeited his or her benefit under R.S. 11:1321, the minor children of the deceased employee or deceased retired employee, if any, shall receive a monthly pension equal to the greater of: (a) Sixty percent of the average salary of the deceased police employee; or (b) The pension that would have been received by the surviving spouse under R.S. 11:1320 or 1322 or was being received under R.S. 11:1321. (2) The monthly benefit received by the surviving children pursuant to the provisions of this Subsection shall be divided equally among the surviving children. B. As each minor child reaches eighteen years of age, or twenty-three years of age if a student, he shall receive no further benefits. Amended by Acts 1981, No. 272, §1; Redesignated from R.S. 40:1432 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 2001, No. 235, §1, eff. June 1, 2001; Acts 2010, No. 992, §1, eff. Jan. 1, 2011.