(a) Entitlement to Benefit. A participant who incurs a total and permanent disability as a result of and in the course of active rendering of services in employment shall be entitled to a disability retirement benefit as of the disability date.
(b) Amount of Benefit. A participant who is entitled to a disability retirement benefit under subsection (a) hereof shall receive a benefit in an amount equal to fifty percent of the participant's final monthly average salary, as determined herein, as of the disability date. If a participant has not completed at least three years of aggregate service, the participant's final monthly average salary shall be determined based upon the actual service rendered by the participant in employment, for purposes of this subsection.
(c) Payment of Benefits. Disability retirement benefit payments shall be made monthly as of the first day of each month, commencing as of the first day of the month coincident with or immediately following the participant's disability date and continuing until the earliest of the death of the participant or the cessation of total and permanent disability, or the attainment of normal retirement age. Such a participant who attains normal retirement age shall thereafter receive a normal retirement benefit pursuant to Section 296.04(b), provided that such a participant shall not be entitled to payment of the additional single sum distribution described in Section 296.04(b).
A participant who fails to return within three months to employment as an employee of the employer, upon the cessation of total and permanent disability prior to the attainment of normal retirement age, shall be deemed to have terminated employment as of the disability date, shall not be entitled to any distribution of accumulated contributions pursuant to Section 294.07(b), to the extent that the total amount of disability payments exceeds the value of the participant's accumulated contributions as of the disability date, and shall not be entitled to any other benefits under the Plan on account of any aggregate service as of the disability date.
(d) Verification of Disability. The Plan Administrator shall, in his or her sole discretion, determine whether a participant has incurred a total and permanent disability. The Plan Administrator shall rely on the report of a physician acceptable to the Plan Administrator. If the Plan Administrator determines that a participant who is totally and permanently disabled has recovered sufficiently to resume active employment as a fire-fighter, or if a participant refuses to undergo a medical examination as directed by the Plan Administrator (such a medical examination may not be required more frequently than once in any given twelve-month period), the payment of disability retirement benefits shall cease.
(e) Cessation of Disability. A participant who is receiving payment of disability retirement benefits under this Plan must notify the Plan Administrator of any change which may cause a cessation of entitlement to receipt of such benefits hereunder. If a participant fails to provide immediate notice to the Plan Administrator of any such change in status and continues to receive payment of benefits hereunder to which the participant is not entitled, then the Plan Administrator may take whatever action is necessary to recover any amount of improperly paid amounts, including legal action or offsetting such amounts against any future payments of retirement or other benefits under the Plan, including the cost of such actions.
(Ord. 2139. Passed 3-15-93.)