§ 11:3686 — Disability retirement

§3686. Disability retirement
A. Upon the application of a member to his employer, any member who has had at
least five years of creditable service may be retired by the board of trustees, not less than
thirty and not more than ninety days next following the date of filing such application, on a
disability retirement allowance, provided that the medical board, after a medical
examination, shall certify that he is mentally or physically incapacitated for the further
performance of duty, that such incapacity is likely to be permanent, and that he should be
retired.
B.(1) Upon retirement for disability, a member shall receive a retirement allowance
if he has attained the age of fifty-five years; otherwise, he shall receive a disability benefit
which shall be computed as follows:
(a) In case of total disability of any member resulting from injury received in line of
duty, a monthly pension of sixty percent of his average salary shall be paid to the employee
with a disability.
(b) Any member of the plan who has acquired a disability or incapacitating condition
because of continued illness or as a result of any injury received, even though not in the line
of duty, and who has been a member of the plan for at least five years but is not eligible for
retirement under the provisions of R.S. 11:3685 may apply for retirement under the
provisions of this Section.
(c) Any disability beneficiary of the Harbor Police Retirement Plan who is receiving
disability benefits as a result of an injury sustained in the line of duty, and who, as a result
of the disability, is permanently and completely confined to a wheelchair for movement of
person, is permanently and legally blind as a result of an injury suffered in the line of duty,
or as a result of his injury is an amputee to such a degree as would prevent him from serving
as a law enforcement officer, shall be exempt from any provision of this Subpart or any other
provision of law which provides for reduction of benefits if the recipient, subsequent to his
disability, becomes gainfully employed.
(d) Upon approval of a member's retirement based upon a total and permanent
disability resulting solely from injuries received while on active duty status and in the line
of duty and as the result of an intentional act of violence, the member shall receive a
disability benefit equal to one hundred percent of his average compensation regardless of
years of service.
(2) The applicant shall accompany his application with certificates from at least three
physicians certifying that he is unable to perform the duties required of him by the head of
the division.
(3) Thereafter, upon the recommendation of the head of the division and the approval
of the board the employee shall be retired on forty percent of his average salary.
C. Any amount received as a compensable wage or lump sum settlement under the
provisions of the Worker's Compensation Laws or the Federal Social Security Act shall be
applied as an offset against benefits received under the provisions of this Section, under rules
prescribed by the Board. The Board shall have complete discretion and authority to
determine the extent and application of the provisions of this Subparagraph.
D.(1) Once each year during the first five years following retirement of a member
on a disability retirement allowance, and once in every three year period thereafter, the Board
of Trustees may, and upon his application shall, require any disability beneficiary who has
not yet attained the age of sixty years to undergo a medical examination, such examination
to be made at the place of residence of said beneficiary or other place mutually agreed upon,
by a physician or physicians designated by the Board of Trustees. Should any disability
beneficiary who has not yet attained the age of sixty refuse to submit to at least one medical
examination in any such year by a physician or physicians designated by the Board of
Trustees, his allowance may be discontinued until his withdrawal of such refusal, and should
his refusal continue for one year all his rights in and to his pensions may be revoked by the
Board of Trustees.
(2) Should the Medical Board report and certify to the Board of Trustees that such
disability beneficiary is engaged in or is able to engage in a gainful occupation paying more
than the difference between his retirement allowance and the average final compensation,
and should the Board of Trustees concur in such report, then the amount of his pension shall
be reduced to an amount, which, together with his annuity and the amount earnable by him,
shall equal the amount of his average final compensation. Should his earning capacity be
later changed, the amount of his pension may be further modified; provided, that the new
pension shall not exceed the amount of the pension originally granted nor an amount, which,
when added to the amount earnable by the beneficiary together with his annuity, equals the
amount of his average final compensation. A beneficiary restored to active service at a salary
less than the average final compensation shall not become a member of the retirement
system.
(3) Should a disability beneficiary under the age of fifty-five be restored to active
service at a compensation not less than his average final compensation, his retirement
allowance shall cease, he shall again become a member of the plan, and he shall contribute
thereafter at the same rate he paid prior to disability. Any such prior service certificate on
the basis of which his service was computed at the time of his retirement shall be restored
to full force and effect, and in addition, upon his subsequent retirement he shall be credited
with all his service as a member but should he be restored to active service on or after the
attainment of the age of fifty years his pension upon subsequent retirement shall not exceed
the sum of the pension which he was receiving immediately prior to his last restoration and
the pension that he would have received on account of his service since his last restoration
had he entered service at the time as a new entrant.
E. Should a member cease to be an employee except by death or retirement under
the provisions of this Subpart, he shall be paid such part of the amount of the accumulated
contributions standing to his credit in the Employees' Savings Account established in R.S.
11:532 as he shall demand. Should a member die before retirement and not be entitled to
survivors' benefits, the amount of his accumulated contributions standing to his credit in such
account shall be paid to his estate or to such person as he shall have nominated by written
designation, duly executed and filed with the Board of Trustees.

Legislative History

Acts 1992, No. 286, §1; Acts 2014, No. 648, §2, eff. July 1, 2015; Acts 2014, No. 811, §4, eff. June 23, 2014; Acts 2018, No. 595, §1, eff. May 31, 2018.