La. Admin. Code tit. 41 § III-101

Current through Register Vol. 50, No. 12, December 20, 2024

Section III-101 - General Provisions

A. Purpose

1. To establish an effective and efficient mechanism for fulfilling the provisions of R.S. 22:941(A)(5), which became effective on July 6, 2007.

2. To govern the submission, evaluation and determination of claims submitted pursuant to R.S. 22:941(A)(5).

B. Application

1. The rules will apply to all claims arising from R.S. 22:941(A)(5).

C. Definitions

Beneficiary-unless otherwise designated by the deceased guardsman as set forth in this regulation, the person designated by the guardsmen on DD Form 93 who receives the death gratuity from DoD pursuant to Title 10 U.S. Code, Subtitle A, Part II, Chapter 75, Subchapter II, Section 1475, et seq.

Course of Business-t he performance of the business of the military forces of the State of Louisiana or the United States.

DD Form 93-record of emergency data executed by every member of LANG pursuant to DoD policies and regulations.

DoD-United States Department of Defense.

Disabled or Disability-permanent total disability.

Guardsmen or Guardsman-an officer or enlisted member of the Louisiana National Guard.

LANG-Louisiana National Guard.

Period of Activation-

a. that period when the Governor of the State of Louisiana orders a guardsman to state active duty pursuant to Title 29, Section 7 of the Louisiana Revised Statutes; and

b. that period when the President of the United States orders a guardsman to federal active duty pursuant to Title 10, Section 12301 of the U.S. Code.

Permanent Total Disability-a 100 percent permanent total or unemployability disability rating as determined by the U.S. Veterans Administration (VA) for federal active duty or in accordance with the worker's compensation law of this state for state active duty.

Qualifying Claim-t hose claims meeting the criteria of claims request documentation, and the meaning ascribed to course of business.

D. Claims for Benefits

1. All claims for death benefits under R.S. 22: 941(A)(5) shall be submitted to the Louisiana National Guard, ATTN: J-1, Casualty Branch, Building 496, 3rd Street, Camp Beauregard, LA 71360. A claim form may be obtained from this agency.

2. All claims for disability benefits under R.S. 22: 941(A)(5) shall be submitted to Louisiana Department of Veterans Affairs, P.O. Box 94095, 1885 Wooddale Blvd. Baton Rouge, LA 70804-9095. A claim form may be obtained from this agency.

3. All death benefit claim requests must include the following documentation:

a. the guardsman's signed LANG death beneficiary designation form or, in absence thereof, a signed DD Form 93;

b. DD Form 1300 (death certificate) or death certificate from the state of Louisiana;

c. a copy of the guardsman's state or federal orders or copy of DD Form 214;

d. death benefit claim form signed by claimant and certified by the Adjutant General or his designee.

Figure D Application for Death Benefits

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4. All claims for disability benefits must include the following:

a. a copy of the guardsman's state or federal orders or copy of DD Form 214;

b. a rating decision by the U.S. Department of Veterans Affairs or in accordance with the worker's compensation law of this state;

c. disability benefit claim form signed by claimant and certified by the Secretary of the Louisiana Department of Veterans Affairs or his designee.

E. Death and Disability Benefit Payment Eligibility

1. Benefits under R.S. 22:941(A)(5) will be paid to the beneficiary of guardsmen who die while on state active duty or federal active duty. Benefits will also be paid in the event of death while a guardsman is ordered to active duty by the governor pursuant to R.S. 29:7 and in a federal pay status pursuant to 32 U.S.C 502(f)(1).

2. Benefits under R.S. 22:941(A)(5) will be paid to guardsmen who are disabled due to injuries suffered while on state active duty or federal active duty. Benefits will also be paid in the event of disability due to injuries suffered while a guardsman is ordered to active duty by the governor pursuant to R.S. 29:7 and in a federal pay status pursuant to 32 U.S.C 502(f)(1).

3. Benefits under this Part will not be paid to guardsmen who die or become disabled while in any training status pursuant to Title 29 of the Louisiana Revised Statutes or Title 32 of the U.S. Code.

4. Members of the Active Guard Reserve (AGR) program, federal technicians and state employees are not eligible for benefits under R.S. 22:941(A)(5) unless otherwise qualified as set forth in Paragraph E.1 or E.2 of this regulation.

5. Guardsmen who die or become disabled while on state active duty or federal active duty, but are not in the course of business at the time of their death or injury may not be eligible for benefits under R.S. 22:941(A)(5). If an investigation determines that the Guardsman was not in the line of duty as defined by Army Regulation 600-8-4 at the time of his death or injury, that Guardsman may be determined to be ineligible for this benefit.

6. Guardsmen who are declared 100 percent disabled by the U.S. Veterans Administration for injuries suffered during a Period of Activation are eligible for the disability benefit under R.S. 22:941(A)(5). Eligibility for guardsmen who become disabled due to injuries suffered while on state active duty will be determined in accordance with the worker's compensation law of this state.

F. Determination of Eligibility and Payment of Benefits

1. Death benefit eligibility and certification will be determined by The Adjutant General or his designee.

2. Disability benefit eligibility and certification will be determined by the Secretary of the Louisiana Department of Veterans Affairs or his designee.

3. Payment to eligible recipients of qualified claims will be made by the Louisiana Office of Risk Management after certification of eligibility and request for payment is made as set forth herein above.

G. Beneficiary Designation by Guardsmen

1. All members of LANG shall complete and execute a "Death Benefit Beneficiary Designation Form" which will contain the name of the beneficiary of the guardsman's death benefit under R.S. 22:941(A)(5) to whom this benefit will be paid in a lump sum.

2. The designation form will be signed by the guardsman before a witness in the grade of E-7 or above.

3. The designation form will be kept in the personnel files of the LANG in the regular course of business.

Figure G Sample Beneficiary Designation Form

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La. Admin. Code tit. 41, § III-101

Promulgated in accordance with the Office of the Governor, State Military Department, LR 36:316 (February 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).