La. Admin. Code tit. 58 § V-305

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-305 - Application Procedure, Initial Determination, and Notice

A. Application

1. All applications for disability pension and relief benefits must be made 45 days in advance of the regular monthly meeting at which the application is to be heard.

2. Application shall be made on a form made available by the board of trustees. A copy of said form follows these rules and is approved as the official form of the Board of Trustees of the Firefighters' Pension and Relief Fund for the City of New Orleans.

3. Documentary Evidence. Documentary evidence in support of disability applications shall be submitted in addition to the application, and may be in the form of doctors' reports, medical reports, or any other medical evidence or statements acceptable to the board which the claimant wishes to present to assist the board in making its initial determination of benefits payable in accordance with R.S. 33:3361 et seq. Said documentary evidence shall include a medical report from the department physician.

4. Application for death benefits shall be made on a form provided for by the Board of Trustees of the Firefighters' Pension and Relief Fund for the City of New Orleans. A copy of said form follows and is adopted as the official form of this board of trustees.

5. Surviving Spouses' Applications. In addition to providing medical evidence and any other statements presented to assist the board in making an initial determination, all surviving spouses who apply for pension benefits shall do so on a form furnished by the Board of Trustees of the Firefighters' Pension and Relief Fund. A copy of said form follows and is made part hereof and is adopted as the official form of the board of trustees. In addition, surviving spouses shall furnish the board with a certified copy of the member's death certificate and a notarized affidavit to the effect that the surviving spouse was married to the decedent at the time of his death and has not remarried, and also listing the names of any and all surviving children under 18 years of age. Accompanying this affidavit shall be a certified copy of the marriage certificate of the decedent and surviving spouse, and birth certificates of all children under 18 years of age.

6. Any applicant for a death benefit or survivor pension shall be awarded benefits in accordance with any other rules and regulations adopted by the board from time to time concerning entitlement thereto, and shall abide by any additional requirements set forth thereunder, as applicable.

B. Initial Determination

1. The board of trustees shall meet and make an initial determination on any application filed in accordance with these rules based upon the evidence that is presented by the claimant in support of that application.

2. After the board makes its initial determination, the applicant shall be notified of the board's determination by certified mail, return receipt requested, as to what action the board has taken. In the event the application or any part of it is denied, the member shall be advised of his right to appeal the initial determination of the board of trustees by filing such a request, in writing, within 30 days of the claimant's receipt of the advice of initial determination.

3. If a member files such an appeal, the board shall schedule a hearing within 60 days thereof before the Pension and Relief Committee, established pursuant to these rules.

La. Admin. Code tit. 58, § V-305

Promulgated by the Board of Trustees of the Firefighters' Pension and Relief Fund for the City of New Orleans, LR 16:686 (August 1990).

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:3363.