(A) (1) Eligibility requirements for disability benefits for members shall be as follows:
(a) Service incurred. Eligible from entry date as a member of the system.
(b) Nonservice incurred. Five years of continuous service.
(2) Any member otherwise eligible as stated above who receives a service or nonservice-incurred injury, illness, disease or disability, and which illness, injury, disease or disability permanently incapacitates him physically or mentally from his regular and continuous duty as a general employee, shall receive from the Fund in equal monthly installments an amount equal to 30% of his rate of earnings in effect on the date of disability, or if greater, the monthly benefit accrued to date of disability (with no actuarial reduction). The benefit shall commence on the 91st day following the date of disability and shall continue until the earlier of death or recovery from such disability. In the event of recovery prior to the otherwise normal retirement date, credit for service during the period of disability shall be granted for purposes of subsequent retirement benefits.
(3) Provided further, the provisions of division (B) below shall apply to any such disabled member.
(B) Additional provisions regarding disability retirees:
(1) Any disability retiree (whether service or nonservice connected) shall have the right to elect, prior to his disability retirement date, to have his benefit payable in an optional form pursuant to the provisions on optional forms of benefit payments as provided in the prior system; and
(2) If the city provides or makes available any city job or position which can be undertaken and performed by a disability retiree, such job or position must be accepted and fulfilled by such disability retiree unless the Board, pursuant to its established procedures, determines that such disability retiree is unable to perform such job or position. In the event that any such job or position provides less compensation than was payable in the job or position occupied by such disabled member at the time of his disability, there shall be paid from the system to the member on a regular basis during the period of employment an amount equal to the differential in compensation as regards the respective positions of employment, further, in such event no disability benefit shall be payable during such period of employment.
(3) Provided further, any job or position offered to a disabled member shall constitute employment commensurate with the ability of and the previous position occupied by such disability retiree prior to the onset of his disability condition; it being the expressed intent of the Commission that no disability retiree be forced or required to fulfill a position, job or employment of any type with the city which would fail to recognize the prior established ability and position of such disabled person. In the event of an irreconcilable situation arising as a result of an unsuitable position being offered to a disabled retiree, such retiree may, upon application, have the matter finally resolved by the Commission and the decision of the Commission in any such case to be final and binding on both the disabled member, the city and the Board of Trustees of the retirement system.
('72 Code, § 24-69(7)) (Ord. O-76-92, passed 12-1-76; Am. Ord. O-80-1, passed 1-20-80; Am. Ord. O-80-18, passed 2-20-80)