La. Admin. Code tit. 58 § XVIII-901

Current through Register Vol. 50, No. 11, November 20, 2024

Section XVIII-901 - Definitions

A. For the purposes of R.S. 11:2220(B), injury sustained in the line of duty shall mean an injury or illness determined to arise out of any activity performed in the course and scope of the member's official duties.

A. To establish eligibility for death or disability benefits in connection with a member's death or disability due to COVID-19 or any other contagious disease that is spread in a similar manner by a virus, evidence must be presented to show that it is more likely than not that the illness resulted from the member's exposure to the virus that caused the disease, while performing an official duty. The board of trustees must find that the evidence shows a member with COVID-19 or any other contagious disease that is spread in a similar manner by a virus contracted it in the line of duty when:

1. the member was engaged in an official duty and circumstances indicate that it was medically possible that the member was exposed to the virus while so engaged; and

2. the member contracted the illness within a timeframe where it was medically possible to contract the illness from that exposure and the illness is listed as a cause of death on the member's death certificate. The board of trustees shall determine whether an illness resulted from the member's exposure while performing an official duty when there has not been a determination by a board-certified physician. Additionally, if a member makes a claim under the Louisiana Workers' Compensation Act, it must have been determined that it is a compensable claim.

B. The procedure for determining whether a member's death occurred in the line of duty shall be as follows: If a survivor indicates on the appropriate form that the death resulted from an injury sustained in the line of duty, the system staff shall obtain documentation from the member's employer regarding the cause of the member's death. The executive director shall classify the death as resulting from an injury sustained the line of duty if documentation from the member's employer and the survivor and the member's death certificate all demonstrate that the member's death was caused by an injury sustained in the line of duty. In all other cases, the staff shall report its findings to the board of trustees at the first board of trustees meeting that occurs following 30 days of receipt of documentation. Any motion to approve survivor benefits of a member killed in the line of duty shall contain findings of fact and a conclusion of eligibility. The executive director and the board of trustees shall apply these procedures in a manner consistent with their fiduciary duty.

La. Admin. Code tit. 58, § XVIII-901

Promulgated by the Department of the Treasury, Board of Trustees of the Municipal Police Employees' Retirement System, LR 471899 (12/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:2225(A(1).