(A) Service incurred. Any member who receives a service-connected injury, disease, or disability as determined by the Board of Pension Trustees, which permanently and totally incapacitates him, physically or mentally, so that the member cannot earn at least 75% of the earnings paid to him immediately prior to the disability, shall in that event receive in equal monthly installments an amount equal to 60% of earnings in effect at the date of disability. The benefit shall be payable until the earlier of death or recovery from disability.
(B) Nonservice incurred. Any member with ten years of continuous service or more who receives an injury which is determined by the Board of Pension Trustees upon the advice and counsel of the Medical Board to be a medically sustained nonservice-connected injury, illness, disease, or disability, which injury, disease or disability permanently and totally incapacitates him physically or mentally from regular and continuous duty as an employee, or any other gainful employment, shall in that event receive in equal monthly installments an amount equal to his accrued pension benefit as of the date of the disability subject to a minimum of 25% of earnings. The benefit shall be payable until the earlier of death, recovery from disability or return to gainful employment either with the city or some other employer.
(C) Service incurred aggravation of non-service incurred condition. Any benefit payable under this section by virtue of service incurred aggravation of an injury, disease, disability, impairment, or condition which existed at the time of the member's entry into the plan or of an injury, disease, disability, impairment, or condition which itself was not service incurred, shall be deemed to be a non-service incurred benefit, regardless of whether or not the injury, disease, disability, impairment, or condition was known or was symptomatic prior to the service incurred aggravation.
(D) Determination of disability. All questions relating to eligibility for continuance of disability benefits shall be determined by the Board of Pension Trustees, based upon the recommendation of the Medical Board.
(E) Exclusions, limitations, and other provisions relating to service-incurred and nonservice-incurred disability. No disability benefits shall be payable from the retirement system, other than a refund of accumulated member contributions, plus interest, for any of the following.
(1) Disability due to intentionally self-inflicted injuries during the first two years of a member's employment.
(2) Disability resulting from the commission of a member of, or an attempt by a member to commit, an assault, battery, or felony.
(3) Disability resulting directly from the use of alcohol, narcotics, or other similar substances or dangerous drugs.
(4) Disability incurred while on leave of absence, during voluntary or involuntary service with the armed forces of the United States, while transferred to an employment category within the city not covered by this plan, or during any period of time during which the employee is not receiving compensation from the city and contributing to the retirement system.
(5) Disability resulting from a physical or mental condition which, in the opinion of the Board of Pension Trustees based upon medical evidence or records, already existed at the commencement of the member's employment by the city. The decision of the Board of Pension Trustees shall be final and conclusive.
(6) Injury, illness, disease or disability sustained by the member after his employment has terminated.
('58 Code, § 11.10) (Ord. 73-3, passed 11-8-72; Am. Ord. 73-66, passed 8-14-73; Am. Ord. 76-19, passed 12-30-75; Am. Ord. 79-4, passed 10-10-78; Am. Ord. 91-16, passed 12-4-90)