La. Admin. Code tit. 58, § I-915 - Death and Survivor Benefits
A.
The period of military service received under the provisions of Chapter 9 shall
be counted as creditable service for determining eligibility for death and
survivor benefits. The amount of survivor benefits payable shall be calculated
as provided for in
R.S.
11:471 et seq.
B. The final average compensation used for
the calculation shall be based on the actual earnings of the member. In order
for the estimated earnings during the period of military service to be used in
the determination of the final average compensation, the employee and
employer's contributions shall be paid for the period of military
service.
C. If a member dies before
completing payment for military service under this Chapter, a beneficiary or
survivor has the right to pay the required contributions as set forth in
R.S.
29:415, except that the applicable time limit
within which payment must be made is that set forth in section 414(u) of the
Internal Revenue Code. If the beneficiary or survivor chooses
not to pay the member's contribution, the computation of death and survivor
benefits shall be based on the actual service credit of the member, excluding
his or her military service.
Notes
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