(a) A member who retires on account of disability, as provided in § 39.318, with ten or more years of credited service in the Firefighters' Pension Fund, when the disability is found to be caused by reasons of a personal injury or disease having occurred as the result of causes arising other than in the course of his or her actual performance of duty as a firefighter, shall receive a primary disability pension computed the same as in § 39.315. In no case shall the primary disability pension be less than 20% of a firefighter's salary. The primary disability pension shall be subject to § 39.320. Upon application for retirement, the member applicant shall have the right to elect an option provided for in § 39.317.
(b) A member who retires on account of disability, as provided in § 39.318, regardless of credited years of service with the Firefighters' Pension Fund, when the disability is found to be caused by reasons having occurred as the natural and proximate result of causes arising in whole or in part out of and in the course of his or her employment with the city, shall receive a primary disability pension as calculated in § 39.315 with no less than ten years of credited service. In no case shall the primary disability pension be less than 50% of a firefighter's salary. Unless the board determines that the retirement, including any retirement for which application is currently pending, is the result of an injury described in SDCL 9-16-45, the recipient must be receiving workers' compensation on account of this injury. The primary disability pension shall be subject to §§ 39.320 and 39.321. Upon application for retirement, the member shall have the right to elect an option provided for in § 39.317 applicable to the member's primary disability pension, provided that if any benefits become payable under § 39.322 on account of the death of a disability retirant the pension payable or to be paid to the survivor beneficiary under either option 2 or 3 shall terminate.
(1957 Rev. Ords., § 2.1120; 1992 Code, § 35-100) (Ord. 108-85, passed 12-2-1985; Ord. 110-89, passed 10-16-1989; Ord. 88-91, passed 11-25-1991; Ord. 126-99, passed 12-13-1999; Ord. 118-16, passed 12-20-2016)