RS 11:2074 Disability retirement - Louisiana Statutes

§2074.  Disability retirement

A.  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 a formerly disabled employee are specifically described and provided for in R.S. 11:201 through R.S. 11:224.  

B.  The board of trustees shall award disability benefits to eligible members who have been officially certified as disabled by the State Medical Disability Board.  The disability benefit shall be determined as follows:

(1)  Upon retirement for disability, a member shall receive a retirement allowance if eligible therefor; otherwise, he shall receive a disability benefit which shall consist of: (a) a member's annuity, which shall be the actuarial equivalent of his accumulated contributions at the time of retirement, and (b) an employer's annuity equal to that which would have been payable either (i) for both membership service and prior service earned by the date of the disability application, but totalling not less than fifteen years, or (ii) for projected continued service to age sixty, whichever is less. The employer's annuity shall be computed on the same formula used for computation of retirement benefits.  In no case shall the disability benefit provided herein exceed two-thirds of earnable compensation.  

(2)  Any amount received as a compensable wage or a lump sum settlement under the provisions of the worker's compensation laws shall be applied as an offset against benefits received under the provisions of this Subsection, under rules prescribed by the board.  The board shall have complete discretion and the authority to determine the extent and application of the provisions of this Subsection.  

(3)  Members who qualify for retirement under disability may select an Option 2 or 3 as specified in R.S. 11:2076 with their spouse as beneficiary.  Such option factors shall be the same as those utilized for regular retirement and shall be based on the age that the member and spouse would have been had the member survived, continued in service, and then retired on the earliest normal retirement date.  

Acts 1954, No. 215, §5(3).  Amended by Acts 1978, No. 727, §4, eff. Jan. 1, 1979; Acts 1981, No. 228, §1; Acts 1983, 1st Ex.Sess., No. 1, §6; Acts 1989, No. 202, §1; Redesignated from R.S. 18:1733 by Acts 1991, No. 74, §3, eff. June 25, 1991.