RS 11:603

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RS 11:603

§603. In line of service disability

A.(1) 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 forty percent of his average compensation regardless of years of service.

(2)Upon approval of a member's retirement based upon a total and permanent disability resulting solely from injuries sustained while on active duty status and engaged in the performance of his official duties and as the result of an intentional act of violence, the member shall receive a disability benefit equal to one hundred percent of his average compensation regardless of years of service.

B. If a member would have otherwise been eligible for a disability retirement under R.S. 11:461 and the disability is not the result of an intentional act of violence, then he shall receive the greater of either:

(1)Forty percent of his average compensation; or

(2)The amount that he would have received under the regular disability provisions of the primary component, except the accrual rate of the secondary component shall apply to the member's eligible earned service credit.

C. The procedures that apply to members of the primary component when applying for disability benefits as a result of an injury which occurred in the line of duty, the procedures for certifying the continuing eligibility for such benefits, the authority of the board of trustees to modify such benefits, and the procedures governing the restoration to active service of a formerly disabled employee, all as provided in the primary component, shall also be applicable to members of the secondary component.

D. If a member's disability occurs for reasons other than in the performance of his duties, then the member shall be entitled to the same rights and benefits to which he would have been entitled if he had been a member of the primary component, except the accrual rate of the secondary component shall apply to the member's eligible earned service credit.

Acts 2001, No. 746, §1, eff. Dec. 31, 2001; Acts 2018, No. 595, §1, eff. May 31, 2018.