(A) Disability eligibility requirements.
(1) Upon the application of a member, or his or her department head, a member who has satisfied the applicable service requirement set forth below and becomes totally and permanently mentally or physically incapacitated for duty in the employ of the city may be retired by the Commission; provided that, after a medical examination of the member by the employee’s attending physician, and also after a medical examination by the city’s physician, if elected by the city, said physician or physicians, as the case may be, reports to the Commission in writing that the member is mentally or physically totally incapacitated for duty in the employ of the city, will likely be so incapacitated permanently and should be retired:
(a) Ten years of credited service for a police officer or firefighter member;
(b) Ten years of credited service for a municipal service member; or
(c) Ten years of credited service for a general member.
(2) The applicable credited service requirement in division (A)(1) above shall be waived if the Commission finds that the member’s total and permanent incapacity is the natural and proximate result of a personal injury or disease arising out of and in the course of his or her actual performance of duty in the employ of the city, and that he or she is in receipt of worker’s compensation on account of his or her total and permanent incapacity.
(3) Notwithstanding anything in this section to the contrary, effective 2-1-1990, for a police member, a Police Department command officer, a member of the F.O.P. police/fire dispatcher/clerical bargaining unit, a fire member or a general member, should a dispute exist between the said member’s attending physician and the city’s physician on whether or not said member has satisfied the requirements of division (A)(1) above, then the city and said member’s bargaining unit shall mutually select and agree upon a third duly licensed and qualified physician to examine said member and make a final review and determination and report to the Commission on whether or not the said member meets the requirements for a disability retirement under this section.
(Prior Code, § 2-224)
(B) Disability retirement allowance.
(1) Upon his or her retirement on account of disability, as provided in division (C) below, a member shall receive a straight life disability retirement allowance computed according to § 32.016(C) of this chapter if he or she is a police officer or firefighter member, or computed according to § 32.016(D) of this chapter if he or she is a hospital member, or computed according to § 32.016(E) of this chapter if he or she is a municipal service member, or computed according to § 32.016(F) of this chapter if he or she is a general member. Upon his or her retirement, he or she may elect to receive his or her disability retirement allowance under an option provided in § 32.016(J) of this chapter in lieu of a straight life annuity. His or her disability retirement allowance shall be subject to division (C) below and shall not be less than the applicable amount set forth below:
(a) Twenty percent of his or her final average compensation if he or she is a police officer or firefighter member;
(b) The sum of 10% of the first $4,200 of his or her final average compensation and 15% of the portion, if any, of his or her final average compensation in excess of $4,200, if he or she is a hospital member;
(c) Sixteen and seventy-hundredths percent of his or her final average compensation if he or she is a municipal service member; or
(d) Sixteen and seventy-hundredths percent of his or her final average compensation if he or she is a general member.
(2) If a disability retirant was in receipt of worker’s compensation on account of his or her city employment, his or her disability retirement allowance shall be recomputed upon termination of his or her worker’s compensation period or at his or her attainment of age 65 years, whichever occurs first, to include the period between the effective date of his or her disability retirement allowance and the date of recomputation as additional credited service.
(Prior Code, § 2-225)
(C) Reexamination of disability retirants.
(1) The Commission may require a disability retirant, who has not attained his or her applicable voluntary retirement age, to undergo a medical examination to be made by or under the direction of the Medical Director at least once a year during the first five years following his retirement and at least once in each three-year period thereafter. Should the disability retirant refuse to submit to any such medical examination, his or her disability retirement allowance may be suspended by the Commission until his or her withdrawal of such refusal; and should such refusal continue for one year, all his or her rights in and to a disability retirement allowance shall be forfeited by him or her. If, upon such medical examination of a disability retirant, the Medical Director reports to the Commission that the retirant is physically able and capable of resuming employment with the city, and his or her report is concurred in by the Commission, the retirant shall 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.
(2) A disability retirant who is returned to city employment, as provided in division (C)(1) above, shall again become a member of the retirement system. His or her credited service in force at the time of his or her retirement shall be restored in 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 if within such period he or she was in receipt of worker’s compensation on account of his or her total and permanent disability arising out of and in the course of his or her city employment; otherwise, he or she shall not be given service credit for the period he or she was in receipt of a disability retirement allowance.
(3) If a disability retirant, who has not attained his or her applicable voluntary retirement age, is or becomes engaged in a gainful occupation, business or employment, his or her disability retirement allowance while he or she is so engaged shall not exceed the difference between his or her annual rate of compensation at the time of his or her retirement and the amount earned by him or her in such gainful occupation, business or employment.
(Prior Code, § 2-226)
(D) Right to waive, maintain or alter disability provisions. Notwithstanding anything elsewhere in this subchapter to the contrary, effective 2-1-1990, as it relates to police members, Police Department command officers, members of the F.O.P. police/fire dispatcher/clerical bargaining unit, fire members and general members, the city expressly reserves the right to waive, maintain or alter the requirements of divisions (A), (B) and (C) above; provided, however, in no event shall any pension benefits payable to said retirant be less than the normal calculation of benefits for the applicable credited service rendered.
(Prior Code, § 2-226.1) (Ord. 368, passed 9-25-1967; Ord. 490-A, passed 12-4-1972; Ord. 541, passed 12-9-1974; Ord. 917, passed 8-19-1991; Ord. 1046, passed 1-26-1998)