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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3139
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I have a question about the stipulations Legislative

Customer Question

I have a question about the stipulations for Louisiana Legislative Act 353. Is there an age requirement?
Submitted: 1 year ago.
Category: Legal
Expert:  Thomas Swartz replied 1 year ago.
Hello Brad,You are the child of a police officer or firefighter killed in the line of duty?Thomas
Customer: replied 1 year ago.
I am indeed. However, my father (former New Orleans firefighter) was not killed but injured to the point of not being able to work as a firefighter any longer (another, alternative qualifier for the Legislative Act 353).
Expert:  Thomas Swartz replied 1 year ago.
The relevant Louisiana Statute can be found in the Louisiana Revised Code Section 1681.1, which provides in relevant part as follows (take note of the underlined provisions):§1681.1. Scholarships for children of police officers, deputy sheriffs, or certain probation and parole officers killed or permanently disabled in performance of duty; certain other investigative employeesA. Any child of a police officer, deputy sheriff, or adult probation and parole officer within the division of probation and parole of the Department of Public Safety and Corrections who was or is killed or permanently disabled after January 1, 1973, in the course and scope of the performance of his duties as such, which child is otherwise eligible and meets all of the entrance requirements of a college or university, shall be admitted to such college or university without the payment of any fees or other charges for tuition, books, reference manuals, and other aids to instruction required in any undertaken course and room and board as long as such child meets the academic standards and complies with the rules and regulations of such college or university required for attendance therein as a full-time student. Such exemption shall exist for such child for the number of semesters required of a full-time student to obtain one bachelor's degree offered by such college or university.B. In no event shall such scholarship exceed eight semesters for any one child. As you can see from the above language, there is no stated age cutoff date for the child to receive the benefit. The law uses the term "any child." However, the law also provides that the scholarship cannot exceed 8 semesters for any child. And there is the requirement that the student meet the eligibility requirements for the particular university or college involved.So, while the law does not provide for a age cutoff of 24 years old, it may possible that UNO has its own separate eligibility requirement of attendance of a maximum age of 24 years old. But if that is not the case, the law indicates that you are entitled to the benefit regardless of your age.I hope this answers your question.Thomas
Customer: replied 1 year ago.
Thomas,This is very informative and helpful. To clarify, UNO would have to have a requirement for an age cutoff of 24 years old for admission eligibility to render this null? Is it worth mentioning then that they have already admitted me for the Fall semseter 2016?-Brad
Customer: replied 1 year ago.
Sorry, I'm new to this service. Am I required to pay more for this point of clarification?
Expert:  Thomas Swartz replied 1 year ago.
That is correct. UNO would have to have their own separate age admission eligibility cutoff of 24 years of age. There is nothing in the law itself which provides for a age cutoff. If they already admitted you, there should be no question you are entitled to the benefit.You do not have to pay more.If I have helped, and you are satisified, you just have to hit the Accept button once.Good luck.Thomas
Customer: replied 1 year ago.
Okay, I see an issue with your initial answer. There seems to be a part before the section you posted that explains the "definitions" of Child and Spouse (see below, specifically 'F') and I'm wondering if this would disqualify me since I'm 25. I do live at home, but would this mean "dependent" similar to the way the IRS classifies "dependent"?§1682. Children and spouses of firefighters; definitions
A. The term "firefighters" shall include (1) all persons employed or engaged on a full-time basis by a governmental subdivision of the State of Louisiana, including any parish or fire protection district, which maintains a full-time regularly paid firefighting force, for firefighting or fire protection duties and services, and (2) all persons engaged as firefighters in firefighting, or fire protection duties and services as a member of a volunteer fire department in any parish or fire protection district, including operators of a fire alarm system when such operators are members of the regularly constituted or volunteer fire department, and including those secretarial and clerical employees and mechanics who are killed in the course and scope of the performance of the duties of a firefighter and are subject to any firefighters' civil service law as established by the constitution or laws of the state of Louisiana.
B. "College or university" means any institution of post secondary education situated in this state, operated by an agency, board or other body created by the constitution or laws of this state, operated in whole or in part with funds appropriated for that purpose by the legislature and authorized to confer degrees in the arts and sciences.
C. "Room and board charges" means the fee or charge for lodging, quarters or food furnished by a college or university, on its campus, and for which a regular and periodic charge is made to all students availing themselves of such services.
D. "Books" means text books, reference books, manuals or other aids to instruction which are required to be purchased by a student in a given course of study.
E. "Semester" means a regularly fixed period of instruction for which credit is given whether a semester, quarter, trimester or otherwise.
F. "Child" means the offspring of a firefighter living in the same household with and dependent upon the firefighter for support and the offspring of a firefighter dependent upon him for support, whether or not living in the same household.
G. "Performance of duties as a firefighter" means activities directly related to duties relating to civil disorders, hurricanes and fighting active fires.
H. "Spouse" means the wife or husband of the firefighter who is living in the same household and who is dependent upon the firefighter for support if the firefighter is alive and is permanently disabled as a result of an injury sustained in the performance of his duties as a firefighter. Spouse also means the wife or husband of a firefighter who is deceased and who was living in the same household and was dependent upon the firefighter for support at the time of the injury which occurred in the performance of his duties as a firefighter and which resulted in the firefighter's death.
Added by Acts 1974, No. 262, §1; Acts 2004, No. 697, §1.
Expert:  Thomas Swartz replied 1 year ago.
Yes, I saw this definition. While the IRS code does define a "dependent" in terms of how old a child can be, subdivision F does not define "dependent" in terms of the IRS Code. Additionally, subdivision F's language is, "dependent upon the firefighter for support." It does not mention any age. In this day and age, it is not uncommon for a 25 year to still depend upon a parent for support. So, since the statute does not mention the age of 25, nor makes reference to any IRS definitions, if you are still dependent on your parent for support (and live at home), I believe you still qualify for the benefit. This is the argument you should make to UN0.Thomas