Louisiana Revised Statutes 11:1804 – Computation of disability benefits
Terms Used In Louisiana Revised Statutes 11:1804
- board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1732
- Creditable service: means all periods of time for which credit is allowed towards any benefits of this Chapter. See Louisiana Revised Statutes 11:1732
- Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, leaving him incapable of any employment, provided that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1732
- Final compensation: means the average monthly earnings during the highest sixty consecutive months or joined months if service was interrupted. See Louisiana Revised Statutes 11:1732
- Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1732
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plan B: means the revised plan to replace the regular plan, to be effective October 1, 1978, as outlined in Part IV of this Chapter. See Louisiana Revised Statutes 11:1732
The board of trustees shall award disability benefits to eligible members who have been officially certified as having a disability by the State Medical Disability Board. The disability benefit shall be determined as follows:
(1) Upon retirement caused by disability, a member of Plan B shall be paid a disability benefit equal to the lesser of:
(a) An amount equal to two percent of the member’s final compensation multiplied by his years of creditable service, but not less than thirty percent of his final compensation, or
(b) An amount equal to what the member’s normal retirement benefit would be, as based on the member’s current final compensation, but assuming the member remained in continuous service until his earliest normal retirement age and using those retirement benefit computation factors which would be applicable to the member’s normal retirement.
(2) Upon retirement caused by disability, a member may select any of the optional modes of benefit payments provided by La. Rev. Stat. 11:1757. The computation of any optional benefit payment shall be based upon the option factors the system utilizes for normal retirement and the ages of the member and the option beneficiary, projected to the member’s earliest normal retirement age assuming the member remained in continuous service until that time.
Acts 1989, No. 68, §1, eff. Jan. 1, 1990; Redesignated from La. Rev. Stat. 33:7274 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1997, No. 791, §1, eff. June 30, 1997; Acts 2001, No. 873, §1, eff. July 1, 2001; Acts 2014, No. 811, §4, eff. June 23, 2014.
NOTE: Acts 2014, No. 811 changed terminology referring to persons with disabilities throughout the La. Revised Statutes and codes of law, and included a listing of terms that were deleted and their respective successor terms (See Acts 2014, No. 811, §36). The Act provides that it is not the intent of the legislature that changes in terminology effected therein alter or affect in any way the substance, interpretation, or application of any law or administrative rule; further provides that nothing in the Act shall be construed to expand or diminish any right of or benefit for any person provided by any law or administrative rule (See Acts 2014, No. 811, §35(C) and (D)).