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(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:
(1957 Rev. Ords., § 2.521; 1992 Code, § 35-33) (Ord. 2491, passed 8-7-1967)
(a) A member who retires before 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) (1) In computing his or her retirement allowance the credited service used shall be the sum of:
A. His or her credited service in force at the time of his or her retirement; plus
B. The number of years, and fraction of a year, in the period from the date of his or her retirement to the date he or she would attain his or her voluntary retirement age.
(2) His or her disability retirement allowance shall begin as of the date of his or her disability, but not more than six months before the date his or her application for disability retirement is filed with the board, nor prior to the date his or her name last appeared on a city payroll with pay. 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.
(1957 Rev. Ords., § 2.522; 1992 Code, § 35-34) (Ord. 2491, passed 8-7-1967)
Upon the application of a member or his or her department head, a member who has ten or more years of credited service and becomes totally and permanently disabled for duty in the employ of the city as a result of causes not occurring in the course of his or her actual performance of duty in the employ of the city, may be retired by the board, provided, that after a medical examination of the member, made by or under the direction of the medical director, the medical director reports in writing to the board that:
(a) The member is mentally or physically totally disabled for duty in the employ of the city; and
(b) The disability will probably be permanent.
(1957 Rev. Ords., § 2.523; 1992 Code, § 35-35)
A member who retires on account of disability as provided in § 39.240 shall receive a disability retirement allowance computed according to § 39.230 if he or she is a general member, or according to § 39.231 if he or she is a police officer member. His or her retirement allowance shall be as of the date ofhis or her disability, but not more than six months before the date his or her application for disability retirement is filed with the board, nor prior to the date his or her name last appeared on a city payroll with pay. 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. His or her disability retirement allowance shall be subject to §§ 39.242, 39.243 and 39.244.
(1957 Rev. Ords., § 2.524; 1992 Code, § 35-36)
If a disability retirant who has not attained his or her voluntary retirement age is or becomes engaged in a gainful occupation, business or employment, the amount of his or her disability retirement allowance shall not exceed the difference between his or her final salary and the sum of his or her earnings or other remuneration from the occupation, business or employment. If his or her earnings are later changed his or her disability retirement allowance shall be correspondingly adjusted.
(1957 Rev. Ords., § 2.525; 1992 Code, § 35-37)
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