§ 16.15 NON-DUTY DISABILITY RETIREMENT.
   (A)   A member with five or more years of credited service who becomes physically or mentally totally and permanently incapacitated for duty as a police officer or firefighter in the employ of the city may be retired by the Board of Trustees, upon written application filed with the Board by the said member or the member’s department head, if the Medical Director, after a physical examination of such member, certifies to the Board that:
      (1)   Such member is physically or mentally totally incapacitated to perform the duties of police officer or firefighter in the employ of the city; and
      (2)   Such incapacity will probably be permanent. If said member does not concur in the report of the Medical Director, he or she shall be entitled to be examined by a medical committee consisting of three physicians, one of whom shall be the Medical Director, one a physician selected by the member, and the third a physician selected by the other two physicians named to the medical committee.
   (B)   If the medical committee certifies to the Board, by majority opinion:
      (1)   Such member is physically or mentally totally incapacitated for duty as a police officer or firefighter in the employ of the city; and
      (2)   Such incapacity will probably be permanent, such member may be retired by the Board upon written application filed with the Board by said member or his or her department head.
   (C)   Upon his or her retirement he or she shall be entitled to a pension provided in § 16.16.
(Prior Code, § 16.15) (Ord. D-678, passed 1-18-1965, effective 2-1-1965; Ord. D-1592, passed 6-19-1989, effective 6-29-1989; Ord. D-1737, passed 3-20-1995, effective 3-30-1995)