(A) (1) Upon the application of a member, or his department head, a member who:
(a) Is in the employ of the city; and
(b) Becomes totally and permanently physically or mentally incapacitated for duty in the employ of the city, may be retired by the Committee.
(2) Provided, that after a medical examination of the said member made by or under the direction of a physician or physicians designated by the Committee, the said physician or physicians certifies to the Committee:
(a) That the said member is physically or mentally totally incapacitated for duty in the employ of the city;
(b) That such incapacity will probably be permanent; and
(c) That such member should be retired.
(C) A contributing member who retires prior to his voluntary retirement date, on account of disability as provided in division (A) of this section, shall receive an Albuquerque annuity equal to 2% of his final average salary multiplied by the number of years, and fraction of a year, of his credited Albuquerque service; provided, that his Albuquerque annuity shall not exceed the less of:
(1) An amount which is $75 per annum multiplied by the number of years, and fraction of a year, of his credited Albuquerque service; or
(2) An amount which when added to his state annuity results in the total of both annuities exceeding $2,400 per annum. This division (C) shall be subject to division (E) of this section and § 3-6-10.
(D) (1) A city member, who retires on account of disability, as provided in division (A) of this section, shall receive an Albuquerque annuity computed according to § 3-6-8(B) and shall be subject to division (E) of this section.
(2) In the event a city member retires on account of disability, as provided in division (A) of this section, prior to his voluntary retirement date, and the Committee finds that the member has become incapacitated to such extent by reason of a personal injury or disease which occurred as the natural and proximate result of causes arising solely and exclusively out of and in the course of his employment by the city and a physician selected by the Committee upon examination of the member, has stated that as a medical probability such personal injury or disease is a natural and proximate result of such causes, the Albuquerque annuity of such member shall not be less than $600 dollars per annum. At his voluntary retirement date the said disability retirant shall be given Albuquerque service credit for the period he was in receipt of an Albuquerque annuity, notwithstanding that such service credit includes service rendered after September 1, 1954, and his Albuquerque annuity shall be recomputed to include such additional service credit.
(E) (1) At least once each year during the first five years following the retirement of a city member on account of disability, and at least once in each three-year period thereafter, the Committee may, and upon his application shall, require the said disability annuitant, prior to his voluntary retirement date or age 65 years, whichever occurs first, to undergo a medical examination to be made by or under the direction of a physician designated by the Committee. Should the said disability annuitant refuse to submit to such medical examination in any such period his Albuquerque annuity may be discontinued by the Committee until his withdrawal of such refusal. If upon such medical examination of said disability annuitant, the said physician reports to the Committee that the said disability annuitant is physically able and capable of resuming employment with the city his Albuquerque annuity shall be suspended to his voluntary retirement date or attainment of age 65 years, whichever occurs first, and shall be resumed at the time provided the said annuitant is not in the employ of a governmental agency in the state.
(2) In the event the state annuity payable to a contributing member is suspended by the state system, the Albuquerque annuity, if any, payable to the said contributing member shall likewise be suspended until payment of his state annuity is resumed.
(3) In the event a disability annuitant, who was a member, is returned to city service he shall again become a member of the retirement plan and his Albuquerque service credited to him at the time of his disability retirement shall be restored to his credit.
(F) The annuities granted under Commission Ordinance No. 1083 prior to September 28, 1960 shall be obligations of the city supplemental retirement plan and shall be continued subject to the provisions of the said Commission Ordinance No. 1083 as it was in force January 17, 1956.
('74 Code, § 2-5-9) (Ord. 964; Am. Ord. 1936; Am. Ord. 1083; Am. Ord. 6-1988)