(a) Upon the application of a member, or his or her personal representative or department head on behalf of the member, a member who:
(1) Is in City employment;
(2) Has ten or more years of credited service; and
(3 Becomes totally and permanently incapacitated for duty in the employ of the City, by reason of a personal injury or disease, may be retired by the Board of Trustees; provided, that after a medical examination of the member, made by or under the direction of the medical director, the medical director certifies in writing to the Board of Trustees:
a. That the member is mentally or physically totally incapacitated for duty in the employ of the City;
b. That his or her incapacity will probably be permanent; and
c. That the member should be retired;
provided further, that the report of the Medical Director is concurred in by the Board of Trustees. Upon his or her retirement the member shall receive a disability pension provided in § 35-28 if he or she is a general member, or as provided in § 35-29 if he or she is a police officer or firefighter member.
(b) The ten or more years of credited service requirements contained in subsection (a) of this section shall be waived for a member if the Board of Trustees finds:
(1) His or her total and permanent incapacity is the natural and proximate result of a personal injury or disease arising out of and in the course of his or her actual performance of duty in the employ of the City; and
(2) He or she is in receipt of workers’ compensation on account of such total and permanent incapacity.
(Ord. 1860, passed 8-16-1965)