(a) Effective January 1, 1970, upon his or her retirement on account of disability, as provided in § 35-27, a police officer member shall receive a straight life disability pension computed according to § 35-24.1, or a firefighter member shall receive a straight life disability pension computed according to § 35-24. Upon termination of a firefighter member’s workers’ compensation period, if any, arising on account of his or her City employment, or his or her attainment of age 55 years, whichever occurs first, he or she shall be given service credit for the period he or she was in receipt of workers’ compensation and at that time his or her straight life disability pension shall be recomputed to include the additional service credit. A police officer or firefighter member’s disability pension shall not be less than 20% of his or her final average compensation and shall be subject to §§ 35-30 and 35-33.
(b) Effective January 1, 1970, in the event a police officer member retires on account of disability, as provided in § 35-27, and the Board finds:
(1) His or her total and permanent disability 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 disability, he or she shall receive a straight life pension equal to 50% of his or her final average compensation in lieu of the pension provided in subsection (a) of this section. His or her disability pension shall be subject to §§ 35-30 and 35-33.
(c) Effective January 1, 1970, prior to the date of his or her retirement a police officer or firefighter member may elect to receive his or her disability pension, provided in subsection (a) or (b) of this section, under an option provided in § 35-26 in lieu of a straight life pension; provided, that if any benefits are paid or payable under §§ 35-31 and 35-31.1 on account of his or her death no benefits shall be paid to his or her beneficiary under Option “B” or “C” provided in § 35-26.
(Ord. 1860, passed 8-16-1965; Ord. 2206, passed 4-13-1970; Ord. 2496, passed 5-19-1975)