1. A. Nonduty Deaths

   1. 1. If an active firefighter, whether or not he is eligible by age and service to retire should die a nonduty death, his surviving spouse may elect one of the following death benefits:

      1. a. an annuity payable for the duration of the surviving spouse’s life and calculated as if the employee had retired prior to death pursuant to R.S. 11:3385, Option 2; or alternatively
      2. b. a refund of the employee's accumulated contributions, in lump sum, plus interest.

   2. 2. If an active firefighter whether or not he is eligible by age and service to retire, should die a nonduty death, and is not married at the time of his death, the designated beneficiary may elect one of the following death benefits:

      1. a. an annuity payable for the duration of the designated beneficiary’s life and calculated as if the employee had retired prior to death pursuant to R.S. 11:3385, Option 2; or alternatively
      2. b. a refund of the employee's accumulated contributions, in lump sum, plus interest.

   3. 3. If an active firefighter, whether or not he is eligible by age and service to retire, fails to designate a beneficiary and is not married, when he suffers a nonduty death, his dependent parent may elect one of the following:

      1. a. an annuity payable for the life of the dependent and calculated as if the employee has retired prior to death pursuant to R.S. 11:3385, Option 2, or alternatively
      2. b. a refund of the employee’s accumulated contributions in a lump sum.
   4. 4. If an active firefighter whether or not he is eligible by age and service to retire, should die a nonduty death, and if the firefighter is not married, failed to designate a beneficiary, and does not have a dependent parent, a refund of the employee's accumulated contributions, in lump sum, plus interest shall be paid to the non-designated beneficiary.
   5. 5. If an active firefighter who is not eligible by age and service to retire when he suffers a nonduty death, and the firefighter is survived by dependent minor children or physically or mentally handicapped dependent children, each child shall receive a death benefit set forth in R.S. 11:3378(A)(2).

2. B. On-Duty Deaths

   1. 1. If an active firefighter whether or not he is eligible by age and service to retire when he suffers death in the line of duty, the surviving spouse shall elect one of the following death benefits:

      1. a. an annuity payable for the duration of employee had survived until he had 20 years service at the same salary and elected to retire under R.S. 33:43385, Option 2 with no reduction for age at the date of retirement. The Option 2 calculation shall be based on his age and the age of the surviving spouse at the date of death pursuant to R.S. 11:3385(B); or alternatively
      2. b. a refund of the employee's accumulated contributions, in lump sum, plus interest.

   2. 2. If an active firefighter whether or not he is eligible by age and service to retire when he suffers death in the line of duty, and is not married at the time of death, his designated beneficiary may elect one of the following death benefits:

      1. a. an annuity payable for the duration of the designated beneficiary’s life and calculated as if the employee had survived until he had 20 years service at the same salary and elected to retire under R.S. 11:3385, Option 2 with no reduction for age at the date of retirement. The Option 2 calculation shall be based on his age and the age of his designated beneficiary at the date of death; or alternatively
      2. b. a refund of the employee's accumulated contributions, plus interest earned, in lump sum, plus interest.
   3. 3. If an active firefighter, whether or not he is eligible by age and service to retire when he suffers death in the line of duty and is not married at the time of death and has failed to designate a beneficiary, a refund of the employee's accumulated contributions, in lump sum, plus interest shall be payable to the non-designated beneficiary.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:3361 and R.S. 11:3378 et seq.

Historical Note

HISTORICAL NOTE: Promulgated by the Board of Trustees of the Firefighters' Pension and Relief Fund for the City of New Orleans and Vicinity, LR 5220:184 (February 1994), amended by the Board of Trustees of the Firefighters’ Pension and Relief Fund for the City of New Orleans and Vicinity, LR 52:220 (February 2026).