§ 9:1971 Time of acquisition of interest
§ 9:1972 Upon a principal beneficiary’s death, his interest vests in his heirs or legatees, subject to the trust. Nevertheless, the trust instrument may provide otherwise by designating subst
§ 9:1973 A.(1) Except as to the legitime in trust, the trust instrument may provide that the interest of an original or a substitute principal beneficiary of an irrevocable trust vests in one
§ 9:1974 Substitute beneficiary’s interest may be conditional
§ 9:1975 Requirement that substitute beneficiary be in being and ascertainable
§ 9:1976 Treatment upon death of substitute beneficiary whose interest is not conditioned on survival
§ 9:1977 Class as substitute beneficiary
§ 9:1978 Shifting interest in principal if beneficiary is descendant of settlor
§ 9:1979 Status of potential substitute principal beneficiary

Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE II > Chapter 1 > Part III > Subpart B - The Interest of the Principal Beneficiary

  • Accumulated contributions: means the sum of all amounts deducted from a member's compensation and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:1902
  • Actuarial equivalent: shall mean a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed on the basis of such mortality and interest tables as shall be adopted by the board of trustees in accordance with the provisions of La. See Louisiana Revised Statutes 11:1902
  • Adjusted service date: means the service date adjusted by the amount of any creditable service other than membership service, or for any periods of interrupted service, and from which all creditable service shall be calculated. See Louisiana Revised Statutes 11:1902
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agreement: means the document of participation between a participating employer and the board, that sets forth the requirements and procedures for covering the employees of such participating employer under this system. See Louisiana Revised Statutes 11:1902
  • Agreement date: means the date as of which the provisions of this Chapter first become applicable to an employer. See Louisiana Revised Statutes 11:1902
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity reserve fund: means the fund in which shall be held the reserves for liabilities or retirees and beneficiaries. See Louisiana Revised Statutes 11:1902
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means the person designated in writing by a member to receive any benefits to which he may be entitled under this Chapter. See Louisiana Revised Statutes 11:1902
  • board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1902
  • Certificate: means a certificate of competency issued by the state health officer stating that the operator has met the requirements for the specified operator classification as defined by the state health officer under La. See Louisiana Revised Statutes 40:1281.1
  • Commissioner: means the commissioner of agriculture and forestry or his duly authorized representative acting at his direction. See Louisiana Revised Statutes 3:3112
  • Committee: means the committee of certification. See Louisiana Revised Statutes 40:1281.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Creditable service: means all periods of time for which credit is allowed towards any benefits of this Chapter. See Louisiana Revised Statutes 11:1902
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:3112
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1250.3
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, from performing the duties and responsibilities of his position; provided, however, that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1902
  • Earnings: shall mean the full rate of compensation paid to the member (employee); however, in computing the earnings of an employee for retirement purposes, the amount of overtime earnings to be used in the computation of earnings cannot exceed the average amount of overtime earnings received for the six-year period immediately preceding retirement. See Louisiana Revised Statutes 11:1902
  • Employee: means any person who is employed as a permanent employee of a parish who works at least twenty-eight hours a week and whose compensation is paid wholly or partly by said parish, but excluding all persons employed by a parish or city school board, and all persons eligible for any other public retirement system in this state. See Louisiana Revised Statutes 11:1902
  • Employer: means any parish in the state of Louisiana, except Orleans and East Baton Rouge Parishes, or the police jury or any other governing body of a parish which employs and pays persons serving the parish. See Louisiana Revised Statutes 11:1902
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • final compensation: means the average monthly earnings during the sixty highest consecutive months of employment or the sixty highest successive joined months of employment if interruption of service occurred. See Louisiana Revised Statutes 11:1902
  • Final salary: means the average monthly earnings of a member during the twelve-month period immediately preceding his death or retirement. See Louisiana Revised Statutes 11:1902
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation or any such animal. See Louisiana Revised Statutes 3:3002
  • Louisiana conference: means the Louisiana Conference on Water Supply, Sewerage and Industrial Wastes. See Louisiana Revised Statutes 40:1281.1
  • Medical board: means the board of physicians which shall arrange for or review medical examinations as required by this Chapter or applicable state laws. See Louisiana Revised Statutes 11:1902
  • Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1902
  • Methodology: means the aggregate of methods, principles, assumptions, variables, factors, and procedures used to determine a reimbursement rate. See Louisiana Revised Statutes 40:1250.3
  • Minor child: means an unmarried child under the age of eighteen years who is: the issue of a marriage; the legally adopted child of a member of this system; the natural child of a female member of this system; the child of a male member of this system if a court of competent jurisdiction has made an order of filiation declaring the paternity of such a member for the child or if the father has formally acknowledged the child; or, who had a disability at the time of the member's death and who remains in such disability status. See Louisiana Revised Statutes 11:1902
  • Oath: A promise to tell the truth.
  • Operator: means the individual, as determined by the committee of certification, in attendance on site of a water supply system or a sewerage system and whose performance, judgment, and direction affects either the safety, sanitary quality, or quantity of water or sewage treated or delivered. See Louisiana Revised Statutes 40:1281.1
  • Owner of livestock: means any person owning or having control of livestock. See Louisiana Revised Statutes 3:3002
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Plan A: means the revised plan to replace a combination of the regular and supplemental plans, to be effective January 1, 1980, as outlined in Part III. See Louisiana Revised Statutes 11:1902
  • Plan B: means the revised plan to replace the regular plan, to be effective January 1, 1980, as outlined in Part IV. See Louisiana Revised Statutes 11:1902
  • Plan C: means the plan to be effective July 1, 1997, as outlined in Part IV-A of this Chapter. See Louisiana Revised Statutes 11:1902
  • Provider: means a person, public agency, nonprofit corporation, or a for-profit business entity that provides services under a contract or other agreement with the department. See Louisiana Revised Statutes 40:1250.3
  • Public highway: means any public way except those highways provided for in La. See Louisiana Revised Statutes 3:3002
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means the amount of money per unit of time for a Medicaid service performed or the amount of money for a Medicaid service performed for a flat fee, such as a per diem. See Louisiana Revised Statutes 40:1250.3
  • Ratite: means a flightless bird with a flat chestbone of the order Ratitae including but not limited to ostrich (Struthio camelus), rhea (Rhea americana), emu (Dromaius novaehollandiae), and cassowary (Casuarius). See Louisiana Revised Statutes 3:3112
  • Rebasing: means using cost report information to adjust Medicaid reimbursement rates to the level dictated by the Medicaid reimbursement methodology for each covered service. See Louisiana Revised Statutes 40:1250.3
  • Regular plan: means the original plan that became effective upon the establishment of the retirement system in 1953, as amended, excluding the supplemental plan. See Louisiana Revised Statutes 11:1902
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • retirement system: means the Parochial Employees' Retirement System of Louisiana, established as of January 1, 1953, defined in Chapter 5, Title 11 of the Louisiana Revised Statutes, and as subsequently amended. See Louisiana Revised Statutes 11:1902
  • Revision date: means January 1, 1980, the effective date of the establishment of Plan A and Plan B. See Louisiana Revised Statutes 11:1902
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Service: means a home- or community-based service, intermediate care facility service, or support coordination service provided to a recipient by a provider under a contract or other agreement with the department. See Louisiana Revised Statutes 40:1250.3
  • Service certificate: means a statement of a member's total creditable service as approved by the board. See Louisiana Revised Statutes 11:1902
  • Service date: means the date of enrollment of a member into the system. See Louisiana Revised Statutes 11:1902
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sewage treatment plant: means the facility or group of units provided for the treatment of wastewater and for the reduction and handling of sludge removed from such wastewater. See Louisiana Revised Statutes 40:1281.1
  • Sewerage system: means a system of piping and appurtenances, including sewage treatment facilities, for collecting and conveying wastewater from source to discharge. See Louisiana Revised Statutes 40:1281.1
  • State health officer: means the secretary of the Louisiana Department of Health, hereinafter referred to as the "department" or his designee as provided in La. See Louisiana Revised Statutes 40:1281.1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplemental plan: means the supplementary plan established by Act No. See Louisiana Revised Statutes 11:1902
  • Surviving spouse: means a legal spouse who was married to a member at the time of the member's death and for at least twelve months immediately prior thereto. See Louisiana Revised Statutes 11:1902
  • Wastewater: means the spent water or sewage of a community containing the liquid or water-carried wastes from residences, commercial buildings, and institutions along with any groundwater, surface water, or storm water that may be commingled. See Louisiana Revised Statutes 40:1281.1
  • Water distribution system: means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer. See Louisiana Revised Statutes 40:1281.1
  • Water supply system: means the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household or other uses. See Louisiana Revised Statutes 40:1281.1
  • Water treatment plant: means that portion of the water supply system which in some way alters the physical, chemical, or bacteriological quality of the water. See Louisiana Revised Statutes 40:1281.1