(a) Total and permanent disability. In this section, "total and permanent disability" does not include disability resulting from or consisting of the participant currently engaging in the illegal use of drugs or narcotics; a willful effort on the participant's part to bring about injury or illness to the participant or another person, while the participant is sane or insane; the participant engaging in any illegal or criminal enterprise or activity; injuries incurred on the job while under the influence of alcohol; or injuries incurred as a result of military service, other than as set forth in subsection (d).
(b) Non-service-connected disability retirement pension. A participant who is not eligible to retire on a normal retirement pension may be retired by the Personnel Officer on a non-service-connected disability retirement pension beginning on the date the following conditions are met:
(1) the Personnel Officer determines, on the basis of a medical examination by one or more physicians selected by the Personnel Officer, that the participant has a total and permanent disability in that the participant is wholly and permanently prevented, as a result of bodily injury or disease, but not as a result of bodily injury or occupational disease incurred in the performance of duty, from engaging in an occupation or employment for remuneration or profit or continuing in the capacity of an employee;
(2) the participant has exhausted all accrued disability leave and all accident and sickness benefits from programs, exclusive of federal Social Security, to which the County makes contributions;
(3) for a tier one employee, the participant was making employee contributions under this title immediately prior to the participant's date of disability;
(5) the participant is not eligible for a service-connected disability retirement; and
(6) the participant is eligible for disability benefits under the Social Security Act.
(c) Service-connected disability retirement pension. A participant who is not eligible to retire on a normal retirement pension may be retired by the Personnel Officer on a service-connected disability retirement pension beginning on the date the following conditions are met:
(1) the Personnel Officer determines on the basis of a medical examination by one or more physicians selected by the Personnel Officer that:
(i) the participant has a total and permanent disability as the natural and proximate result of bodily injury in the performance of the participant's regular occupation or occupational disease incurred in the performance of the participant's regular occupation at some definite time or place without willful negligence on the participant's part; and
(ii) is unable to engage in the participant's regular occupation as an employee;
(2) the participant has exhausted sick leave and accident and sickness benefits from programs, exclusive of federal Social Security, to which the County makes contributions;
(3) for a tier one employee, the participant was making employee contributions under this title immediately prior to the participant's date of disability; and
(4) the disability is the result of injury compensable under the State Workers' Compensation Law and a claim is filed with the State Workers' Compensation Commission.
(d) Military service disability retirement pension. A participant who is not eligible to retire on a normal retirement pension may be retired by the Personnel Officer with a disability pension beginning on the date following a determination by the Personnel Officer that the participant:
(1) has a total and permanent disability as a direct result of qualified military service based on a medical examination by one or more physicians selected by the Personnel Officer;
(2) was injured while performing military service that qualifies as credited in-plan military service;
(3) has been discharged and awarded a monthly military disability pension by the United States Government; and
(4) is unable to perform the duties of the participant's regular assignment or any other assignment that is suitable based on the participant's training and experience.
(e) Annual amount of disability retirement pension.
(1) The annual amount of disability retirement pension payable to each eligible participant shall be determined as provided in this subsection.
(2) If a participant is determined to have a total and permanent disability under subsection (b), the participant is entitled to receive an annual disability retirement pension equal to A minus B, where:
(i) A is the greater of:
1. the annual pension that the participant would have been entitled to receive upon retirement determined under § 5-3-303(1) or (2) based upon the participant's credited service; or
2. 25% of final average basic pay; and
(ii) B is the amount of earnings received by the participant during the year in a gainful occupation, to the extent that the earnings exceed the current earnings of an employee similarly classified.
(3) If a participant is determined to have a total and permanent disability under subsection (c), the participant is entitled to receive an annual disability retirement pension equal to 66 2/3% of the participant's final average basic pay.
(4) If a participant is eligible for retirement under subsection (d), the participant is entitled to receive an annual military disability pension benefit equal to the greater of:
(i) the participant's accrued pension as of the date of disability, computed in accordance with the provisions of § 5-3-303;
(ii) 66 2/3% of the participant's final average basic pay less the monthly amount of the military disability payment being received by the participant from the United States Government at the time of retirement calculated on an annualized basis; or
(iii) 25% of the participant's final average basic pay.
(f) Limitations on eligibility.
(1) This subsection does not apply to a participant whose disability retirement pension has been in effect for at least five years.
(2) A participant ceases to qualify for a non-service-connected disability retirement pension when the participant is no longer eligible for disability benefits under the provisions of the Social Security Act, or when the participant refuses to submit a report of total earnings when requested by the Personnel Officer in accordance with subsection (g).
(3) A participant ceases to qualify for a service-connected disability retirement pension if:
(i) the Personnel Officer determines on the basis of a medical examination by one or more physicians selected by the Personnel Officer that the participant no longer has a total and permanent disability that incapacitates the participant for duty or has sufficiently recovered but refuses to resume the participant's regular occupation as an employee; or
(ii) the participant refuses to undergo a medical examination requested by the Personnel Officer, provided the participant may not be required to undergo a medical examination more than once a year; or
(iii) the participant refuses to submit a report of total earnings when requested by the Personnel Officer in accordance with subsection (g).
(g) Gainful employment.
(1) In this subsection, "earnings" includes salary, wages, commissions, or fees, but the term excludes income from investments or savings for which the participant is contributing neither time nor talent.
(2) If a participant who is found to have a total and permanent disability subsequently engages in an occupation or employment for remuneration or profit, other than for purposes of rehabilitation as approved by the Personnel Officer, the occupation or employment shall be considered as gainful employment.
(3) In order for a disability retirement pension to be paid under this title when a participant is engaged in gainful employment, the participant shall report total earnings from the gainful employment received during the preceding calendar year and provide the Personnel Officer with documents satisfactory to the Personnel Officer that substantiate the earnings being reported.
(4) The documentation shall be provided to the Personnel Officer during the month of January but in the event of delay, the Personnel Officer shall give consideration to the continued payment of a disability retirement pension through April 15, and adjustments shall be absorbed in the payments expected to be paid during the balance of the calendar year.
(h) Normal retirement age. Disability retirement benefits payable to a disabled participant shall continue notwithstanding the fact that the participant reaches the participant's normal retirement age.
(i) Benefits received under State law. Notwithstanding any other provision of this section to the contrary, benefits received under this section are not affected by benefits received under the Labor and Employment Article, Title 9, of the State Code.
(1985 Code, Art. 7, § 3-307) (Bill No. 90-01; Bill No. 6-10; Bill No. 97-13; Bill No. 70-20)