§ 11:780 — Reexamination of disability retirees; modification of benefits; restoration to active

§780. Reexamination of disability retirees; modification of benefits; restoration to active
service
A. Once each year during the first five years following any retirement of a member
on a disability retirement allowance and once in every three-year period thereafter, the board
of trustees shall require any disability retiree whose first employment making him eligible
for membership in one of the state systems occurred on or before June 30, 2015, who has not
yet attained the age of sixty years and any disability retiree whose first employment making
him eligible for membership in one of the state systems occurred on or after July 1, 2015,
who has not yet attained the age of sixty-two to undergo a medical examination at the
retiree's expense, to be made at the place of residence of the retiree or other place mutually
agreed upon, by a physician or physicians designated by the board of trustees. The periodic
reexaminations may be discontinued upon advice of the medical board that the retiree's
condition is either terminal or that chances of recovery are highly improbable. If any such
disability retiree refuses 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; but if his refusal continues for one year,
all of his rights in and to his pension may be revoked by the board of trustees.
B. Every disability retiree except a disability retiree who had no earnings and is
determined by the Teachers' Retirement System of Louisiana to be incapacitated or who is
residing in a nursing home shall submit to the board of trustees by May first of every year,
a notarized annual earnings statement detailing his earned income from employment in the
previous tax year. Should a retiree refuse to submit such an earnings statement by May first,
his allowance may be discontinued without retroactive reimbursement, until the statement
is filed. Should his refusal continue for the remainder of the calendar year, all his rights in
and to his disability pension may be revoked by the board of trustees.
C.(1) Notwithstanding the provisions of R.S. 11:221, if the medical board reports
and certifies to the board of trustees that a disability retiree is able to engage in a gainful
occupation paying more than the difference between his retirement allowance and the
average final compensation, and if the board of trustees concurs in this report, then, except
as provided in either Paragraph (2) or (3) of this Subsection, 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. If his earning capacity is later
changed, the amount of his pension may be further modified; however, 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 retiree together with his annuity, equals the amount of his
average final compensation.
(2)(a) The pay which is used to reduce benefits pursuant to Paragraph (1) of this
Subsection shall not include the amount equal to the difference between the retiree's total
annual benefit and the poverty threshold for a family unit of one person under age sixty-five
as determined by the United States Bureau of the Census for the year in which such pay is
earned.
(b) Any disability retiree who is engaged in a gainful occupation shall provide such
information or documentation as may be requested by the system to implement the
provisions of this Paragraph.
(3)(a) If, pursuant to the provisions of this Subsection, the board of trustees reduces
the pension of any disability retiree of this system who retired pursuant to a reciprocal
agreement between this system and any other state or statewide public retirement system, the
reduction shall be subject to Subparagraph (b) of this Paragraph, provided the retiree satisfies
all of the following provisions of this Subparagraph:
(i) The vocational rehabilitation program within Louisiana Works furnishes the
retiree with durable medical equipment for use, subject to a requirement that the retiree be
engaged in a gainful occupation for at least twenty hours per week.
(ii) The retiree furnishes any documentation as may be requested by the Teachers'
Retirement System of Louisiana.
(b) Any income earned while working the twenty hours required by the vocational
rehabilitation program in order to use such durable medical equipment shall not be included
in the pay which is used to implement Paragraph (1) of this Subsection. Any income which
is derived from the same employment, but which is derived from work in excess of the
twenty hours required in relation to such equipment shall be included for purposes of
implementing Paragraph (1) of this Subsection.
D. For the purposes of this Section, there shall be an annual cost-of-living adjustment
to the average final compensation figure used in the modification computations. This
cost-of-living adjustment shall be based upon and directly reflect the annual percentage
increase or decrease in the Consumer Price Index for the preceding calendar year.
E. If any disability retiree is restored to active service, his retirement allowance shall
cease, he shall again become a member of the retirement system, and he shall contribute
thereafter at the current rate in effect at the time he is restored to service, and if he
contributes for at least three years, the period of time on disability shall be counted as
accredited service for purposes of establishing retirement eligibility, but not for computation
of benefits. Any 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.

Legislative History

Amended by Acts 1968, Ex.Sess., No. 37, §1; Acts 1972, No. 730, §1; Acts 1976, No. 613, §1; Acts 1978, No. 648, §5, eff. July 13, 1978; Acts 1986, No. 267, §1; Redesignated from R.S. 17:639 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1993, No. 718, §1, eff. July 1, 1993; Acts 1995, No. 592, §1, eff. July 1, 1995; Acts 1997, No. 812, §1, eff. July 1, 1997; Acts 2000, 1st Ex. Sess., No. 94, §1, eff. April 17, 2000; Acts 2000, 1st Ex. Sess., No. 115, §1, eff. July 1, 2000; Acts 2014, No. 226, §1, eff. June 30, 2014; Acts 2025, No. 478, §1, eff. Oct. 1, 2025.