(a) Limitation on "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 a disability set forth in subsection (d)(4).
(b) Scope of "total and permanent disability". A participant has a total and permanent disability if the Personnel Officer determines, on the basis of a medical examination by one or more physicians selected by the Personnel Officer, that the participant is wholly and permanently prevented as a result of bodily injury or disease from engaging in any occupation or employment for remuneration or profit or continuing as an employee in the participant's regular assignment.
(c) Eligibility. A participant is eligible for a disability retirement pension under this title on the first day of the month that the participant is determined to have a total and permanent disability; has exhausted all accrued disability leave or on the date that the application is approved by the Personnel Officer, whichever occurs first; and was making employee contributions, if required, to the plan immediately prior to the date of disability. A participant is not eligible to commence receiving a disability retirement pension on or after the participant's normal retirement date, unless the disability is the result of an injury or disease arising out of and occurring in the course of the participant's active performance of duties.
(d) Annual disability retirement pension.
(1) The annual amount of a disability retirement pension payable to each eligible participant shall be determined as provided in this subsection.
(2) If a participant has a total and permanent disability that is the result of bodily injury or disease arising out of and occurring in the course of the participant's employment, the participant is entitled to receive an annual disability retirement pension equal to the greater of the participant's accrued benefit or 66 2/3% of:
(i) the participant's final average basic pay; or
(ii) if the participant is assigned to a higher classification and is disabled while acting in the higher classification, the final average basic pay that the participant would have received had the participant been promoted to the higher classification under § 6-1-208 of this Code.
(3) (i) If a participant has a total and permanent disability solely because the participant is prevented from engaging in any occupation or employment for remuneration or profit as a result of a non- duty related cause, the participant is entitled to receive an annual disability retirement pension equal to the participant's accrued benefit as of the participant's date of disability computed in accordance with the provisions of § 5-6-203 or 66 2/3% of the participant's final average basic pay, whichever is greater.
(ii) If a participant has a total and permanent disability solely because the participant is prevented from continuing as an employee in the participant's regular assignment as a result of a non-duty related cause, the participant is entitled to receive an annual disability retirement pension equal to the participant's accrued pension as of the participant's date of disability, computed in accordance with the provisions of § 5-6-203, or 20% of the participant's final average basic pay, whichever is greater.
(4) If a participant has a total and permanent disability as a direct result of performing military service that qualifies as credited in-plan military service, has been discharged from the military and awarded a monthly military disability pension, and is prevented from continuing in the participant's regular assignment within the Detention Center or Sheriff's Office as a result of this disability, the participant is entitled to receive an annual disability retirement payment equal to the participant's accrued pension as of the date of disability, computed in accordance with the provisions of § 5-6-203, or 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 20% of the participant's final average basic pay, whichever is greater.
(e) Disqualification.
(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 disability retirement pension when:
(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 or has sufficiently recovered but refuses to resume the participant's regular occupation as an employee;
(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 is employed in a position with the same requirements as the participant's regular assignment.
(f) Normal retirement date. Disability retirement benefits payable to a disabled participant shall continue notwithstanding the fact that the participant reaches the participant's normal retirement date.
(g) 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, § 6-207) (Bill No. 90-01; Bill No. 23-04; Bill No. 32-04; Bill No. 58-07; Bill No. 6-10; Bill No. 70-20)