§ 11:2223 — Disability retirement

Louisiana § 11:2223

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

Text

§2223. Disability retirement
A.(1) Eligibility for disability benefits, procedures for application for disability
benefits, procedures for the certification of continuing eligibility for disability benefits, the
authority of the board of trustees to modify disability benefits, and procedures governing the
restoration to active service of an employee who formerly had a disability are specifically
described and provided for in R.S. 11:201 through 225.
(2) The burden of proving that a disability is not based on a preexisting condition,
prohibiting receipt of benefits, shall lie with the employee if the physical examination and
waiver forms required by R.S. 11:2214(A)(2) have not been submitted to the system.
(3)(a) A member may appeal a decision made pursuant to R.S. 11:218(D)(2) or (3),
regarding eligibility for disability benefits, by filing a petition in the Nineteenth Judicial
District Court of Louisiana within thirty days after receipt of written notice of the decision.
(b) An appeal of any other decision of the board regarding eligibility for disability
benefits may be instituted by the member or his beneficiary by filing a petition in the
Nineteenth Judicial District Court of Louisiana within thirty days after receipt of written
notice of the decision.
B.(1) The board of trustees shall award disability benefits to eligible members who
have been officially certified by the State Medical Disability Board as disabled to perform
the position held by the member at the time that the disability was incurred or as disabled to
perform any other position paying the same salary currently available in the department so
long as the disability is not the result of a preexisting condition. Upon receipt of any
application for disability retirement, the system shall request from the chief of police the job
descriptions of all positions currently available in the department paying the same salary.
Such job descriptions shall be submitted to the system within thirty days, or it shall be
presumed that no position is available that pays the same salary. The disability benefit shall
be determined as provided in this Section.
(2) Upon application for retirement due to a total and permanent disability caused
solely as the result of injuries sustained in the performance of his official duties, a member
shall receive a disability benefit equal to forty percent of his average final compensation.
(3) Additionally, any member who is entitled to the disability benefit provided by
Paragraph (2) of this Subsection, and who has not less than thirteen and one-third years of
creditable service, shall receive a supplemental disability benefit equal to three percent of his
average final compensation for each year of creditable service in excess of thirteen and one-third years, this supplemental disability benefit not to exceed twenty percent of his average
final compensation.
(4) Upon application for retirement due to a total and permanent disability, any
member with at least ten years creditable service shall receive a disability benefit equal to
three percent of his average final compensation multiplied by his years of creditable service,
but not less than forty percent nor more than sixty percent of his average final compensation.
(5) In no case shall any disability benefit approved by the board of trustees be paid
until all employee and employer contributions are received by the retirement system,
covering through the date of termination of employment. Furthermore, no application for
disability benefit shall be approved until all previously refunded contributions from the
system have been repaid, including compounded interest at the board-approved actuarial
valuation rate thereon from the date of refund until repaid in full.
C.(1) At the time of attainment of normal retirement age, a service-connected
disability benefit recipient shall have the option to continue to receive his disability
retirement benefit or his vested retirement benefit for the remainder of his life, provided that
if he elects to receive his vested retirement benefit, such benefit shall be equal to the greater
of his disability benefit or his vested retirement benefit. Such election filed with the
retirement system shall become irrevocable thirty days after receipt.
(2) Upon attainment of normal retirement age, a disability recipient shall receive the
greater of his disability retirement benefit or his vested benefit.
D. Any person who is receiving or has received a disability retirement benefit from
any law enforcement or police retirement plan or pension and relief fund for policemen,
except disability retirees of this system, shall not be eligible for membership in the Municipal
Police Employees' Retirement System, if he becomes no longer disabled and returns to
service in the same municipality or becomes employed as a policeman or law enforcement
officer while receiving a disability benefit.
E.(1) Any disability retiree who is in a coma or who is paraplegic, when such
condition is caused solely as the result of injuries sustained in the performance of his official
duties and such condition is certified by the State Medical Disability Board, shall receive a
benefit equal to his average final compensation, provided that the benefits of this Subsection
can only become effective on and after September 12, 1987, and no increase shall be paid for
any period of time prior to September 12, 1987.
(2) Any disability retiree who is blinded, who suffers a traumatic physical injury
causing permanent damage to the brain or spinal cord, or who loses the total use of a limb
solely as a result of injuries sustained on or after July 1, 2003, in the performance of his
official duties, and whose condition is certified by the State Medical Disability Board, shall
receive a benefit equal to his average final compensation. No funds derived from the
assessments against insurers pursuant to R.S. 22:1476 shall be used to pay any increased
costs or increase in liability of the system resulting from the provisions of this Paragraph.
F. Any claim for disability benefits by a member disabled after June 30, 2021, shall
be filed with the system within three years from the date of disability.
G.(1) Notwithstanding the provisions of R.S. 11:220(A), whenever the board of
trustees requires any disability retiree who has not yet attained the equivalent age of regular
retirement to undergo a medical examination to determine continued eligibility to receive a
disability retirement benefit, the cost of such examination shall be paid by the system.
(2) A contested decision as to continued eligibility for disability benefits as a result
of the required examination shall be appealed in accordance with R.S. 11:218 and Paragraph
(A)(3) of this Section. Any further medical examinations shall be at the expense of the party
as set forth in R.S. 11:218.

Legislative History

Added by Acts 1973, No. 189, §1. Amended by Acts 1975, No. 377, §1; Acts 1976, No. 603, §4; Acts 1977, No. 601, §1; Acts 1978, No. 727, §5, eff. Jan. 1, 1979; Acts 1979, No. 106, §1; Acts 1980, No. 223, §1; Acts 1982, No. 157, §1; Acts 1985, No. 81, §1; Acts 1987, No. 899, §1; Acts 1990, No. 234, §1, eff. July 1, 1990; Redesignated from R.S. 33:2376 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1992, No. 553, §1, eff. July 1, 1992; Acts 1997, No. 900, §1, eff. retroactive to Jan. 1, 1997; Acts 2003, No. 572, §1, eff. July 1, 2003; Acts 2003, No. 610, §1, eff. July 1, 2003; Acts 2008, No. 110, §1, eff. July 1, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 231, §1, eff. June 27, 2011; Acts 2014, No. 811, §4, eff. June 23, 2014; Acts 2018, No. 343, §1, eff. June 30, 2018; Acts 2020, No. 249, §1, eff. July 1, 2020.