2006 Louisiana Laws - RS 11:3377 — Retirement for nonservice connected disability; method of establishing pension

§3377.  Retirement for nonservice connected disability; method of establishing pension

A.  If any member of the fire department shall become physically or mentally permanently disabled and incapacitated to perform his duties, and such disability is not the direct result of a service-incurred injury or illness, then, upon application filed by the member in accordance with R.S. 11:3376, the board of trustees, by a majority vote of its members, shall determine whether or not such member shall be retired for disability.  Provided, that the procedure to establish such disability and to determine the continuance thereof shall be the same as that prescribed in R.S. 11:3376.  The amount of the pension to be received by any member retired in accordance with the provisions of this Section shall be based on the following schedule:

(1)  If the disabled member has performed faithful service in the fire department for a period of ten years or less, he shall receive a pension in the amount of thirty percent of his average compensation during the last year of service immediately preceding the date of establishing his disability in accordance with the provisions of this Section.  

(2)  If the disabled member has performed faithful service in the fire department for a period of more than ten years, but not more than fifteen years, he shall receive a pension in the amount of forty percent of his average compensation during the last year of service immediately preceding the date of establishing his disability in accordance with the provisions of this Section.  

(3)  If the disabled member has performed faithful service in the fire department for a period of more than fifteen years, he shall receive a pension in the amount of fifty percent of his average compensation during the last year of service immediately preceding the date of establishing his disability in accordance with the provisions of this Section.  

B.  All of the penalties prescribed in R.S. 11:3376 for failure of such member to submit to preliminary and periodic examinations by the department physician, or by any other doctor or specialist, or both, after being ordered by the board to report for such examinations, shall apply with the same force and effect in the case of members claiming disability under the provisions of this Section.  

C.  All provisions of R.S. 11:3376 with reference to restoration to duty of a member previously retired, are likewise applicable to members retired under this Section, and the period of retirement under this Section shall not be counted in determining the member's pension rights and eligibility for retirement in the ordinary course.  

D.  Benefits payable in accordance with this Section shall in no way affect the rights of the pensioner as granted by any other statute.  

Added by Acts 1962, No. 403, §2.  Amended by Acts 1969, No. 120, §1; Redesignated from R.S. 33:2113.1 by Acts 1991, No. 74, §3, eff. June 25, 1991.