(A) On total and permanent disability of a member as the result of any cause other than occupational disability, if a member has rendered at least five years but less than 20 years of total service (if the member was first hired prior to April 1, 1985) or at least five years but less than 25 years of total service (if the member was first hired on or after April 1, 1985), he or she shall be entitled to a disability retirement annuity equal to 2% of his or her average base salary for the highest five years of service for each full year of total service subject to a minimum payment of 20% of such average base salary. Payment of this annuity shall be made during the lifetime of the member or until recovery from disability, whichever occurs first. On the death of the member, if a spouse or minor children survive, the survivors shall be entitled to the regular annuities provided under § 32.120.
(B) A total and permanent disability for the purposes hereof is one which results from some impairment of mind or body that substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation that he or she would be competent to perform were it not for the fact that the impairment is founded on conditions which render it reasonably certain it will continue indefinitely. A member shall be considered totally and permanently disabled after the Board has received written certification by at least two licensed and practicing physicians selected by the Board that the member is totally and likely to be permanently disabled for the further performance of the duties of any assigned position in the service of the Police Department. If on consideration of the report of the physicians and such other evidence as shall have been presented to it by the member or others interested herein, the Board finds the member to be totally and permanently disabled, it shall grant him or her a disability retirement annuity. To assist the physicians in making the decision the Board may make copies of the definitions contained herein available to the physicians.
(C) Any annuity for nonoccupational disability shall begin to accrue on the expiration of 90 days following the commencement of the disability. However, if the member is receiving salary for sick leave for a period of more than 90 days, payment shall accrue from the date the salary ceases. If written application for the annuity has not been filed with the Board prior to the expiration of 90 days from the date of disability, the annuity shall begin to accrue from the date the application is filed but not prior to the expiration of 90 days from the date of disability, nor in any event prior to the time when salary payments to the employee have ceased.
(D) Any member reentering active service who later retires on a service retirement annuity shall have such annuity based on all credited service including that used in the computation of the nonoccupational disability annuity, but shall not receive credit for service while in receipt of the nonoccupational disability annuity.
(1999 Lou. Code, § 36.112) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 169-1985, approved 7-12-1985; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)