(A) If an active participant becomes disabled (and such disability is determined to meet the definition of totally and permanently disabled) before his retirement date (normal retirement date, if earlier), an immediate monthly disability benefit shall be payable to him as follows:
(1) If the participant's disability is not service related, and he has completed ten years of vesting service, the disability benefit shall be equal to his accrued benefit on the day before his monthly disability benefit begins.
(2) If the participant's disability is service related, the disability benefit shall be equal to the greater of (i) his accrued benefit on the day before his monthly disability benefit begins; or (ii) 40% of his current monthly compensation on such date.
(B) Monthly disability benefit payments shall begin on the earliest first day of the month on or after the date the participant meets the requirements under this section. Such payments shall continue through the last monthly payment made before the earliest of his retirement date (normal retirement date, if earlier), the date of his death, or the day following the date he is no longer totally and permanently disabled.
(C) If the payments continue through the month immediately preceding the participant's retirement date (normal retirement date, if earlier), retirement benefits shall be provided for him on his retirement date under the provisions of §§ 38.025 through 38.032 as if he were an active participant. His accrued benefit shall be equal to his accrued benefit as of the day before the disability benefit began. However, such accrued benefit shall not be less than the amount of monthly disability payment paid to him under this section. If, before the participant's retirement date (normal retirement date, if earlier), he recovers and returns to active work, for the employer within one month of his recovery, the payments shall stop and he shall again become an active participant under § 38.005. If, before the participant's retirement date (normal retirement date, if earlier), he recovers and does not return to active work for the employer within one month of his recovery, the payments shall stop and his benefits shall be redetermined, on the date he had a severance from employment, under § 38.041. (Ord. 1806, passed 1-7-15)