2009 Louisiana Laws TITLE 11 Consolidated public retirement :: RS 11:215 Firefighters' retirement system

§215.  Firefighters' Retirement System

A.  A member who becomes disabled, and who files for disability benefits while in service, and who upon medical examination and certification as provided for elsewhere in this Subpart, is found to be totally disabled solely as the result of injuries sustained in the performance of his official duties, or for any cause, provided the member has at least five years of creditable service and provided that the disability was incurred while the member was an active contributing member in active service, shall be entitled to disability benefits under the provisions of R.S. 11:2258(B).  

B.  An application for disability benefits shall be filed within thirty days after the exhaustion of all sick and annual leave for which the applicant is eligible.  Disability benefits shall accrue from the filing date of the application for disability retirement.  

C.  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.  

Redesignated from R.S. 42:702(P) by Acts 1991, No. 74, §3, eff. June 25, 1991.