Disability Retirement

You may be entitled to disability benefits if you have been injured and become disabled.  To be eligible for benefits:

 

-  You must file your application while in state police service;
-  A physician on the State Medical Disability Board must certify the disability; and,
-  The disability must have occurred while you were an active member of LSPRS.

 

If you do not file your application while in state police service, you must present clear and convincing evidence that the disability was incurred while you were an active member.

 

Application

You must file an application with LSPRS that includes a statement from your personal physician certifying your disability and a statement from your supervisor including a brief history of the case and the supervisor’s opinion as to your ability to perform the normal duties of your job.

 

Certification

A physician chosen and approved by the Louisiana State Police Retirement System Board of Trustees will examine you at LSPRS’s expense. The physician will certify the disability by indicating whether you are totally unable to perform the normal duties of your job and whether the disability is likely to be permanent.  The physician has full authority to determine the disability.

 

Right of Appeal

If you disagree with the physician’s determination, you may file a written appeal with the LSPRS Board of Trustees within 30 days of the determination. Pursuant to a timely appeal, you will be given the opportunity to have a second medical examination at your expense. This second physician shall also submit a report to the Board of Trustees.  If the second examining physician disagrees with the findings of the first physician, the two physicians shall select a third specialist to conduct another examination and prepare and file a third report. If the appeal with LSPRS’s Board of Trustees is unsuccessful, any further appeal must be made through the courts.  Your right of appeal as a LSPRS member is discussed in further detail in the General Information section.

 

Effective Date

Disability retirement takes effect on one of the following dates, whichever is later:
• The application filing date; or,
• The day after the exhaustion of all of your sick or annual leave; or,
• The day after you terminate active state police service.

 

Disability Benefit

Service Connected Disability


- Upon approval for a retirement due to a total and permanent disability caused solely as the result of injuries sustained in the performance of official duties, you will receive a disability benefit equal to 50% of your final average compensation, plus 1½% of your average salary for each year of service credit in excess of 10 years, not to exceed one hundred percent of your average salary.
- The portion of this disability benefit not attributable to years of service is exempt from income taxes.

 

Non-Service Connected Disability


Upon approval for retirement due to a total and permanent disability caused as the result of any other reason, if you have at least five years of service credit, you will receive a disability benefit equal to 50% of your final average compensation plus 1½% for each year of service credit in excess of 10 years, not to exceed one hundred percent of your average salary.

 

Certification of Continuing Disability

LSPRS requires non-service connected disability retirees to periodically present certifications of continuing disability until you attain normal retirement age. Disability retirement benefits will cease if you are not certified as continuously disabled.

Failure to comply with certification requirements may result in suspension or termination of disability benefits.

You are required to submit a notarized annual earnings statement by May 1 each year. These reports must detail income earned from employment in the previous tax year. If you receive earnings from other sources that exceedthe difference between the amount of final average compensation, adjusted for inflation, and the disability benefit, your disability benefit will be reduced so that your disability benefit plus earnings is equal to the final average compensation, adjusted for inflation.

 

Returning to Active Service

If you are under sixty years old,LSPRS will discontinue your disability benefits if you are restored to active state police service. You will become a contributing member of LSPRS, and all previous service credits will be restored. The period of disability will be counted as credited service if you contribute for at least three more years, but only to establish regular retirement eligibility and not to compute benefits. LSPRS will restore prior service, and you will be credited with all service upon subsequent retirement.

 

Disability Vesting

If you have 20 or more years of service and have withdrawn from active service prior to regular eligibility, you are eligible to receive, in the event of total and permanent disability, the lesser of all non-service related disability benefits provided by LSPRS or the normal vested retirement benefit. When you reach normal retirement age, your disability benefit will cease and you will receive the full vested regular retirement benefit.

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