§ 35.073  DISABILITY PENSIONS FOR FIREFIGHTER AND POLICE PARTICIPANTS.
   (A)   Any firefighter or police participant who incurs a non work-related disability, as determined pursuant to § 35.126, shall be entitled to a pension equal to the greater of:
      (1)   The participant’s accrued benefit on the date of the participant’s disability; or
      (2)   Twenty-five percent of the final average base pay, provided the disability application is filed with the Pension and Benefits Office prior to the termination of service.
   (B)   Any firefighter or police participant who incurs a work-related disability, as determined pursuant to § 35.126, shall be entitled to receive a pension equal to the greater of:
      (1)   The participant’s accrued benefit at the time of the work-related disability; or
      (2)   Fifty percent of the participant’s final average base pay, provided the disability application is filed with the Pension and Benefits Office prior to the termination of service.
   (C)   (1)   Any firefighter or police participant who incurs a work-related disability in the line of duty, as determined pursuant to § 35.126, regardless of the participant’s years of service, shall be entitled to a pension in an amount equal to the greater of:
         (a)   The firefighter or police participant’s accrued benefit at the time of the work-related disability; or
         (b)   Fifty percent of the firefighter or police participant’s final average base pay, regardless of the participant’s years of service, provided the disability application is filed with the Pension and Benefits Office prior to the termination of service.
      (2)   In the event a firefighter or police participant becomes disabled in the line of duty with less than 104 weeks of service, his or her final average base pay shall be determined over the actual period of service as a firefighter or police participant.
   (D)   The disability pension benefit shall be payable on the first day of the month following the participant’s termination of service with the city as the result of the disability.
(Ord. passed 1-24-2011)