Louisiana Revised Statutes 11:1345.7 – Disability retirement
Terms Used In Louisiana Revised Statutes 11:1345.7
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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 La. Rev. Stat. 11:1313(B)(2).
C. The disability retirement procedures contained in La. Rev. Stat. 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.
Acts 2010, No. 992, §1, eff. Jan. 1, 2011; Acts 2016, No. 322, §1, eff. June 30, 2016.