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§ 39.239 DUTY DISABILITY ALLOWANCE; RETIREMENT BEFORE VOLUNTARY RETIREMENT AGE.
   (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)
§ 39.240 NON-DUTY-INCURRED DISABILITY.
   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)
§ 39.241 NON-DUTY-DISABILITY RETIREMENT ALLOWANCE.
   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)
§ 39.242 ADJUSTMENT OF DISABILITY ALLOWANCE.
   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)
§ 39.243 REEXAMINATION OF DISABILITY RETIRANTS.
   (a)   The board may require a disability retirant who has not attained his or her voluntary retirement age to undergo a medical examination to be made by or under the direction of the medical director at least once each year during the first five years following his or her retirement and at least once in each three-year period thereafter. Should the disability retirant refuse to submit to medical examination in any period, his or her disability retirement allowance may be discontinued by the board until his or her withdrawal of the refusal; and should the refusal continue for one year, his or her disability retirement allowance may be revoked by the board. If upon the medical examination of the retirant the medical director reports to the board that the retirant is physically able and capable of resuming employment with the city, and his or her report is concurred in by the board, the retirantshall be returned to the employ of the city and his or her disability retirement allowance shall be terminated. In returning the retirant to city employment, the city shall be allowed reasonable latitude in placing him or her in a suitable position commensurate to his or her type of work and compensation at the time of his or her retirement.
   (b)   A disability retirant who has been or shall be returned to city employment shall again become a member of the retirement system. His or her credited service in force at the time of his or her disability retirement shall be restored to full force and effect. He or she shall be given service credit for the period he or she was in receipt of a disability retirement allowance provided in § 39.239. He or she shall not be given service credit for the period he or she was in receipt of a disability retirement allowance provided in § 39.241.
(1957 Rev. Ords., § 2.526; 1992 Code, § 35-38)
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