(a) Eligibility. Upon the application of a member or his or her department head, a member who is in the service of the City, has ten or more years of credited service and has become totally and permanently incapacitated for duty in the service of the City may be retired by the Retirement Commission. In such event, a medical examination of such member shall be made by or under the direction of the medical director. After such examination the medical director shall certify to the Commission that:
(1) Such member is mentally or physically totally incapacitated for duty in the service of the City.
(2) Such incapacity will probably be permanent.
(3) Such member should be retired.
If the member is in receipt of worker's compensation on account of his or her total and permanent disability arising out of and in the course of his or her City employment, the ten-year service requirement shall be waived.
(b) Allowances.
(1) Upon his or her retirement on account of disability, as provided in subsection (a) hereof, a member shall receive a disability retirement allowance computed in accordance with Section 294.14, notwithstanding that he or she may not have attained the age of sixty years. In no case shall his or her disability retirement allowance, payable to attainment of age sixty-five, be less than fifteen percent of his or her final average compensation.
(2) Effective September 1, 1987, the disability retirement allowance, payable to attainment of age sixty-five, shall, in no case, be less than fifty-five percent of his or her final average compensation.
(c) Worker's Compensation Adjustment. Upon termination of the statutory period for payment of a disability retiree's worker's compensation, if any, arising on account of his or her employment with the City or at his or her attainment of the age of sixty-five years, whichever occurs first, such disability retiree shall be given service credit for the period he or she was in receipt of such worker's compensation. His or her disability retirement allowance provided for in subsection (b) hereof shall be adjusted to include such additional service credit, provided that in no case shall such additional service credit include any period beyond the retiree's attainment of age sixty-five, and provided, further, that his or her adjusted disability retirement allowance, payable to his or her attainment of age sixty-five, shall not be less than his or her weekly worker's compensation, converted to an annual basis.
(d) City Subrogated to Rights of Third Person. If a person becomes entitled to a pension payable from funds of the retirement system as the result of an accident or injury caused by an act of a third party, the City shall be subrogated to the rights of such person against such third party to the extent of the benefits which the City pays or becomes liable to pay.
(e) Medical Examinations.
(1) At least once each year during the first five years following the retirement of a member with a disability retirement allowance, and at least once in each three-year period thereafter, the Retirement Commission may, and upon the retiree's application shall, require any disability retiree who has not attained the age of sixty years to undergo a medical examination to be made by or under the direction of the medical director. If any disability retiree who has not attained age sixty refuses to submit to such medical examination in any such period, the Commission may suspend payment of his or her disability retirement allowance until his or her withdrawal of such refusal. If such refusal continues for one year all of his or her rights in and to a disability pension shall be forfeited by him or her. If, upon such medical examination of such retiree, the medical director reports to the Commission that such retiree is physically able and capable of resuming employment with the City, he or she shall be returned to active service in the employ of the City and his or her disability retirement allowance shall terminate, provided the report of the medical director is concurred in by the Commission. In returning such retiree to active service, reasonable latitude shall be allowed the City in placing him or her in a position commensurate to his or her type of work and rate of compensation at the time of his or her retirement.
(2) A disability retiree who is returned to active service in the employ of the City shall again become a member of the retirement system. His or her credited service at the time of his or her retirement shall be restored to full force and effect. He or she shall be given service credit for the period he or she was receiving a disability retirement allowance, if, within such period, he or she was in receipt of worker's compensation on account of total and permanent disability arising out of and in the course of his or her City employment; otherwise he or she shall not be given service credit for such period.
(3) If a disability retiree is or becomes engaged in a gainful occupation, business or employment and the total of his or her pay or earnings from such occupation, business or employment and his or her disability pension exceeds his or her average final compensation, his or her disability pension shall be reduced to an amount which, together with the amount so earned by him or her, shall equal but not exceed such final average compensation. If his or her earnings are later changed, his or her disability allowance shall be changed accordingly.
(Res. 88-388. Passed 5-23-88.)