(a) If a member who has completed at least ten years of credited service with the employer incurs a disability prior to attaining normal retirement age, such member shall be entitled to receive a monthly benefit equal to 50% of the member's average compensation, with no reduction or offset due to payment of social security benefits.
(b) The payment of a disability retirement benefit shall be made monthly, commencing on the member's disability retirement date and ending on the earlier of the date of death of the member or the date that the member's total and permanent disability shall cease. If the member's total and permanent disability shall cease prior to the attainment of the member's normal retirement age, the member shall be deemed to have terminated employment as of the disability retirement date for purposes of this plan, unless the member shall resume active employment within three months following the date on which such total and permanent disability ceased. A member who fails to resume active employment after total and permanent disability ceases shall not be entitled to a distribution of accumulated contributions pursuant to the extent that the total amount of disability retirement benefits paid exceeds the value of the member's accumulated contributions as of the disability retirement date, and shall not be entitled to any other benefits under the plan as a result of the accumulation of any years of credited service as of the disability retirement date.
(c) If the Plan Administrator shall determine that a member who is totally and permanently disabled has recovered sufficiently to resume active employment, or if a member 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 12-month period), the payment of disability retirement benefits shall cease.
(d) If a member who is receiving payment of disability retirement benefits under this plan, the member must notify the Plan Administrator of any change in condition, which may cause the member's entitlement to receipt of such benefits to cease. If a member fails to provide immediate notice to the Plan Administrator of any change in status and thereby continues to receive payment of benefits hereunder to which the member is not entitled, the Plan Administrator may take whatever action is necessary and permitted under applicable law to recover any amount of improper payments, including offsetting such amounts against any future payment of retirement or other benefits under the plan, or legal action. The Plan Administrator may also recover the costs of any such action.
(Ord. 4440. Passed 10-28-87; Ord. 4885. Passed 4-24-02.)