§ 11:2270 — Physical examination; delinquency

§2270. Physical examination; delinquency
A.(1) In order for any applicant to be eligible for membership in the Firefighters'
Retirement System, such applicant shall complete the enrollment process, including the
completion of the applicant form prescribed by the system, and shall have a physical
examination which shall be evidenced by a physical examination form prescribed by the
system.
(2) National Fire Protection Association code 1582, Standard on Comprehensive
Occupational Medical Program for Fire Departments, is the governing standard of physical
evaluations required for membership in the system. The version of the code in effect on an
employee's date of hire is applicable for purposes of his membership in the system. An
employee shall not be enrolled as a member in the system until his employer provides the
system with a written statement certifying that he has successfully completed a physical
examination that meets or exceeds this standard. The board of trustees may waive the
provisions of this Paragraph for any employee or employer.
(3) The cost of the physical examination shall be paid by the employer. If the current
physical or mental condition or medical history of an applicant, as reflected on the physical
examination form, is outside the guidelines established by the board physician, said applicant
shall be required to execute a waiver for any condition reflected thereon.
B. The enrollment process, including the completion of the applicant forms, the
physical examination, and the completion of any waivers of preexisting conditions, shall be
completed and all documents received by the fund within six months after July 1, 1995, or
the date of employment, whichever is later, for the applicant to become a member eligible
to begin vesting for regular and disability benefits from the date of employment. If the
enrollment process is not completed within six months from July 1, 1995, or the date of
employment, whichever is later, the applicant will be a member eligible to begin vesting for
regular benefits from the date of employment, but not eligible to begin vesting for disability
benefits until the completion of the enrollment process.
C. It shall be the responsibility of the employer to insure that the enrollment process
is timely completed, or to provide the Firefighters' Retirement System with notification of
noncompliance by the applicant. Should any member who has not completed the enrollment
process be injured in the line of duty and apply for disability benefits, that member shall be
required to prove that the disabling condition was not preexisting.
D. Should the physical examination not be completed because the employer refused
to pay for the physical examination, the employer shall be liable for any disability benefit to
which the member would be entitled.

Legislative History

Acts 1995, No. 599, §1, eff. July 1, 1995; Acts 2019, No. 254, §1.