La. Admin. Code tit. 58, § 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.
Notes
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