§ 39.238 DUTY DISABILITY ALLOWANCE; RETIREMENT AFTER VOLUNTARY RETIREMENT AGE.

   (a)   A member who retires after his or her voluntary retirement age, on account of disability as provided in § 39.237, shall receive the applicable disability retirement allowance provided as follows.

   (b)   Upon his or her retirement he or she shall have the right to elect to receive his or her retirement allowance under an option provided in § 39.236 in lieu of a straight life retirement allowance:

      (1)   A general member’s straight life disability retirement allowance shall be computed according to § 39.230. His or her straight life retirement allowance shall not be less than 12.5% of his or her final average pay, and shall be subject to § 39.244; and

      (2)   A police officer member’s straight life disability retirement allowance shall be computed according to § 39.231. His or her straight life retirement allowance shall not be less than 20% of his or her final average pay, and shall be subject to § 39.244.

(1957 Rev. Ords., § 2.521; 1992 Code, § 35-33) (Ord. 2491, passed 8-7-1967)