§ 11:1345.7 — Disability retirement

Louisiana § 11:1345.7

• Jurisdiction: Louisiana
• Title 11: Consolidated Public Retirement Systems

Text

§1345.7. Disability retirement
A. Upon approval of a member's retirement based upon a total and permanent
disability resulting solely from injuries sustained in the performance of his official duties,
a member shall receive a disability benefit equal to seventy-five percent of his average
compensation regardless of years of service. This benefit is payable only if the injury or
injuries were sustained while on active duty status.
B. If a member's total and permanent disability occurs for reasons other than in the
performance of his duties and the member has earned at least ten years of service credit in
this Plan, then the member shall be entitled to disability benefits under the provisions of R.S.
11:1313(B)(2).
C. The disability retirement procedures contained in R.S. 11:216 through 225 which
are not in conflict with this Section shall apply to members.
D. If the application for disability benefits is not filed while the member is in service,
it shall be presumed that the disability was not incurred while the member was an active
contributing member in active service. Such presumption may be overcome only by clear,
competent, and convincing evidence that the disability was incurred while the member was
an active contributing member in active service.

Legislative History

Acts 2010, No. 992, §1, eff. Jan. 1, 2011; Acts 2016, No. 322, §1, eff. June 30, 2016.