§ 2-1183. Disability retirement prior to May 1, 1996.

A member who, prior to May 1, 1996, became totally and permanently disabled, as defined in this section, shall be entitled to retire on the first day of the month following termination by the board of such disability, provided that, within at least six months prior to May 1, 1996, the member receives medical treatment which is, or becomes, supporting evidence that the member is entitled to disability pension payments.

(1)

Amount. Members who are eligible and totally and permanently disabled, as defined in this section, shall receive a disability annuity computed as follows:

a.

Duty disability: 50 percent of final average compensation, but in no event less than the amount the member would be entitled to as an annuity if member retired on the same date with equivalent age and creditable service.

b.

Nonduty disability: 30 percent of final average compensation, but in no event less than the amount the member would be entitled to as an annuity if the member retired on the same date with equivalent age and creditable service.

The annuity shall cease upon the first day of the month following death, except that a surviving spouse or heir shall be entitled to death benefits, as computed under section 2-1185.

(2)

Eligibility.

a.

Duty disability shall mean total and permanent disability directly due to and caused by actual performance of employment with the city. Members eligible for optional retirement as provided in section 2-1174 may elect either option.

b.

Nonduty disability shall mean total and permanent disability arising from any other cause than line-of-duty disability. At least ten years' creditable service is required. Members eligible for optional retirement as provided in section 2-1174 may elect either option.

(3)

Definition and determination of disability.

a.

Total and permanent disability shall mean a state or condition which presumably prevents for the rest of a member's life the member engaging in any occupation or performing any work for remuneration or profit.

b.

Such disability, whether duty or nonduty, must not have been contracted, suffered or incurred while the employee was engaged in or result from having been engaged in a criminal act or enterprise, or result from habitual drunkenness or addiction to narcotics or from self-inflicted injury, or from disability incurred while in the service of the armed forces of the United States or any foreign country.

c.

No benefit shall be payable if the disability results from or is incurred while the member is engaged in self-employment or in any occupation or performing any work for remuneration or profit not in the service of an employer, as defined in this division.

d.

The board of trustees shall make the determination as to disability, basing its findings on the evidence presented, including at least two written opinions by qualified physicians. The board shall appoint the physicians and the examination expenses shall be paid from this retirement system fund.

e.

From time to time, the board of trustees shall have the right to require proof of continuing disability, which may include further examination.

(4)

Recovery from disability.

a.

Should the board of trustees determine that disability no longer exists, it shall terminate the disability annuity.

b.

If the member immediately returns to work with the city, the member shall again earn creditable service beginning on the first day of the month following such return. Creditable service prior to disability retirement shall be reinstated. No creditable service shall accrue while receiving a disability annuity and all such annuity payments made shall be charged to the extent possible against the member's accumulated contributions and interest at date of return to work.

c.

Should the member not return to work with the city, the member shall be treated as a terminated employee. All annuity received shall be charged against the member's accumulated contributions and interest.

(Admin. Code 1967, § A9.6; Ord. No. 35794, 11-27-68; Ord. No. 39110, 1-15-71; Ord. No. 41235, 5-26-72; Ord. No. 49849, 12-14-78; Ord. No. 910592, 5-16-91; Ord. No. 960208, § A, 3-28-96; Ord. No. 140976 , § 1, 12-11-14)