When the retirement system manager finds, on medical advice, that a member of this plan is entitled to a disability retirement allowance, if the retirement system manager further finds that such member is capable of performing other duties in the service of the city, the member shall not be entitled to a disability retirement allowance if the city manager, in accordance with any applicable civil service procedures, offers and such member accepts a transfer, reassignment, or other change to a position with duties within such member's capacity to perform with his or her disability.
If the rate of compensation of such member in the new position is less than the rate of compensation of such member in the position from which he or she was disabled, the retirement system, in lieu of paying a full disability retirement allowance, shall pay such member, as a partial disability retirement allowance, the difference between the rate of compensation of such member in the new position and the rate of compensation of the position from which he or she was disabled. In the event that the rate of compensation of such member in the new position is increased from time to time, said partial disability retirement allowance shall be decreased by the amount of such increase until such partial disability retirement allowance equals zero and is discontinued. In no event shall the retirement system pay a partial disability retirement allowance which exceeds the full disability retirement allowance to which the member is entitled.
If a new position cannot be arranged at the time of eligibility for full disability retirement allowance, the full disability retirement allowance to which the member is entitled under this plan shall be paid until such time as a new position is available and accepted.
If a full disability retirement allowance is paid and the member later accepts such a new position, the period while on such disability retirement shall not be considered as breaking the continuity of service and his or her rate of contribution shall be based on the same age as his or her age was on the date of disability. If the member was a safety member of this plan at the time disabled, and is transferred prior to December 30, 1989 to a position which would otherwise require him or her to become a miscellaneous member of this plan, he or she may elect, in accordance with procedures established by the city council, to retain his or her membership as a safety member of this plan while performing the duties of the new position. The contribution rate of a member who so elects shall be based upon the contribution rate applicable to a safety member of this plan.
Nothing in this section shall be construed to require a member to accept reassignment or transfer in lieu of the full disability retirement allowance.
A member who receives a partial disability retirement allowance, as provided in this section, shall remain an active member of this system while receiving such partial disability retirement allowance. No cost of living adjustment shall be made to any partial disability retirement allowance.
The civil service board shall adopt reasonable rules and regulations to implement the provisions of this section insofar as it requires procedures to allow the city manager to effectuate a transfer, reassignment or other change of position as herein provided. (Prior code § 34.06.619)