(A) Occupational disability. In the event of total and permanent occupational disability, the member shall receive an annuity equal to 60% of his or her rate of salary, based upon an average of the three highest salary years. This benefit shall begin at such time as his or her salary may cease, and shall be paid during his or her entire lifetime. Upon his or her death, his or her eligible widow and minor children, if any, shall receive the benefits as provided in § 34.49(B) of this chapter.
(B) Non-occupational disability.
(1) Upon total and permanent disability of a member as the result of any cause other than occupational disability, if a member rendered at least ten years of total service, he or she shall be entitled to a disability retirement annuity. The amount of such annuity shall be equal to 2.5% of his or her average salary for each full year of total service, subject to a minimum payment of 25% of such average salary, and a maximum payment of 65% of his or her average salary.
(2) Payment of the annuity shall be made during disability of the member.
(3) Upon death of the member, if any eligible widow or minor children survive, such survivors shall be entitled to the regular annuities provided under § 34.49(B) of this chapter.
(4) Persons with 20 or more years of service may retire in accordance with § 34.51(D) of this chapter.
(C) Non-occupational disability annuity; date of commencement. An annuity for non-occupational disability shall begin to accrue upon the expiration of employee’s sick leave commencement of disability. If the member is receiving salary for sick leave for a period of more than 90 days, payment shall accrue from the date such salary ceases. If written application for such annuity has not been filed with the Board prior to the expiration of 90 days from the date of disability, the annuity shall begin to accrue from the date the application is filed, but not prior to the expiration of employee’s sick leave from the date of disability, nor in any event prior to the time when salary payments to the employee ceased.
(D) Certification of disability.
(1) A member shall be considered totally and permanently disabled after the Board has received written certification by at least two licensed and practicing physicians selected by the Board that the member is totally and permanently disabled.
(2) The written certification shall state that the member has been separated from the service of the city because of total disability of such nature as to reasonably prevent further service for the employer, and as a consequence is not entitled to compensation from the city.
(3) The Board shall grant a disability retirement annuity to the member upon presentation of the required written certifications.
(1984 Code, § 34.65) (Ord. O-39-64, passed 7-23-1964; Ord. O-15-80, passed 2-19-1980)