§ 22-402.  Ordinary Disability Retirement Benefits. 118
   (1)   Qualification. 119
      (a)   Any member found to be mentally or physically totally incapacitated from the further performance of duty as the result of causes occurring not in the actual performance of duty to the City and who, as a member of Plan B, Plan D, Plan J, Plan L, Plan Y, or Plan 16, or as a member of Plan '10 other than a fire employee, has had ten (10) or more years of credited service, or who as a member of Plan A or Plan X, or as a fire member of Plan '10, has had five (5) years of credited service, or a member of Plan B or Plan D who is totally disabled, in which case such member is considered to have had at least ten (10) years of credited service, shall be deemed retired and shall receive ordinary disability retirement benefits. 120
      (b)   Notwithstanding subsection (a) above, if a member in Plan B, Plan L, or Plan Y who otherwise meets the requirements of this Section separates while eligible for a vesting period lesser than ten years as is authorized by subsection 22-301(1)(c) or (d) and has made all necessary contributions to attain such eligibility, or completes such payments within 90 days of separation, such member shall be deemed retired and shall receive ordinary disability retirement benefits.
   (2)   Procedure. 121 To approve the application for such benefits the Board must find that:
      (a)   the member's disability is likely to be permanent;
      (b)   the disability existed while the member was in the employ of the City;
      (c)   such disability is not the result of dissipation, immoral habits or practices, or was not incurred in the commission of a crime; and
      (d)   the application for such benefits is filed within one (1) year after separation from service with the City, except as provided in subsection 22-401(3) (Service-Connected Disability Retirement Benefits).
   Applications for ordinary disability retirement benefits shall be acted upon by the Board promptly upon receipt thereof. Subject to the provisions of Section 22-1203 (Medical Panel) of this Title, the decision of the Board as to eligibility for benefits under this Section shall be final and conclusive.
   (3)   Benefit amount. Upon retirement for ordinary disability, a member shall receive an annual disability benefit equal to the annual service retirement benefit calculated under subsection 22-301(3) (Service Retirement Benefits) based upon the member's credited service.
   (4)   Disqualification if qualified for service-connected disability retirement benefit. No member (other than a Fire Employee or Sheriff's Department employee referenced in subsection 22-401(3)), shall be retired on an ordinary disability retirement based on an incapacity that would entitle the member to a service-connected disability retirement benefit. Upon an application from such member for an ordinary disability retirement benefit, if the Board finds that the requirements of subsection 22-401(1) have been met, the member shall be retired on service-connected disability retirement benefits.
   (5)   Disqualification if receiving workers' compensation benefits. No member (other than a Fire Employee or Sheriff's Department employee referenced in subsection 22-401(3)) (Service-Connected Disability Retirement Benefits), shall be eligible for an ordinary disability benefit if entitled to workers' compensation benefits. Notwithstanding any other provision of this Section, if the Board shall find that a disabled member (other than a Fire Employee or Sheriff's Department employee referenced in subsection 22-401(3))(Service-Connected Disability Retirement Benefits) who is receiving ordinary disability benefits is also receiving or is entitled to receive, for and during this period of disability, compensation from the City Treasury of the City, workers' compensation benefits or payments in the nature of workers' compensation benefits, the Board shall terminate such disability retirement benefits. Such a termination shall not preclude the member from applying for separation service retirement benefits at retirement age, provided all other eligibility requirements are met.

 

Notes

118
   Amended by deleting former subsection 22-402(6), Bill No. 040326 (became law February 17, 2005). Section 2 of Bill No. 040326 provides: "Repeal. To the extent inconsistent with this Ordinance, the Ordinance of July 12, 1993 (Bill No. 589), 1993 Ordinances at 1034, is repealed." Section 3 of Bill No. 040326 provides: "Effective Date. This Ordinance shall be effective retroactive to July 12, 1993." The deleted provision provided for a reduction in pension for earned outside income, and an associated requirement to provide copies of tax returns. On March 21, 2005, the City Solicitor issued an Opinion advising that Council was without power to make Bill No. 040326 retroactive and that the Ordinance can lawfully be applied only with respect to current City employees who become separated and entitled to a disability pension after the latter of February 14, 2005 and the expiration of the collective bargaining agreement applicable to that employee.
119
   Amended, Bill No. 000342 (approved January 23, 2001). Section 2 of Bill No. 000342 reads as follows: "Effective Date. This Ordinance shall be effective retroactively to January 13, 1999, except for amendments to Code Section 22-310, which shall be effective retroactively to June 28, 1999, and except that, as to members of Plan L, any part of this Ordinance that represents an increase or diminishment in the benefit rights of such members shall not apply to an elected official during any term of office to which such official was elected prior to the effective date of this Ordinance, but shall only apply to an elected official during a term of office to which such official was elected after the effective date of this Ordinance."
120
   Amended, Bill No. 100286 (approved June 23, 2010). See note 4 for effective date provisions. Amended, Bill No. 100780 (approved February 8, 2011). See note 4 for effective date provisions. Amended, Bill No. 110836-A (approved December 21, 2011); amended, Bill No. 161013 (approved December 9, 2016).
121
   Amended, Bill No. 000342 (approved January 23, 2001). Section 2 of Bill No. 000342 reads as follows: "Effective Date. This Ordinance shall be effective retroactively to January 13, 1999, except for amendments to Code Section 22-310, which shall be effective retroactively to June 28, 1999, and except that, as to members of Plan L, any part of this Ordinance that represents an increase or diminishment in the benefit rights of such members shall not apply to an elected official during any term of office to which such official was elected prior to the effective date of this Ordinance, but shall only apply to an elected official during a term of office to which such official was elected after the effective date of this Ordinance."