§ 12-11. Disability benefits (long term).

(a)

Eligibility period. The eligibility requirements for service incurred and non-service incurred disability benefits for all members shall be as follows:

Non-service incurred —Ten (10) years of continuous service as a member of the plan.

Service incurred —Eligible from entry date as a member of the plan.

(b)

Definition of disability. An illness, injury, disease or disability which:

(1)

Permanently incapacitates a member physically or mentally from his or her regular and continuous duty as a general employee for a period of six (6) months or more; and

(2)

Qualifies for Social Security disability benefits.

(c)

Non-service incurred disability benefit and duration. Any member otherwise eligible as stated above who receives a non service incurred disability shall receive from the fund a monthly disability benefit equal to his or her accrued benefit, determined as of the last day he or she was actively at work for the city. Disability payments shall commence on the first day of the seventh (7th) month following the date such member became disabled as defined herein and shall continue until the earlier of death or recovery from such disability.

(d)

Service incurred disability benefit and duration. Any member otherwise eligible as stated above who receives a service incurred disability (i.e., disability as a result of an act occurring in the performance of service to the city), shall receive from the fund in equal monthly installments a monthly disability benefit equal in amount to the greater of:

(1)

His or her accrued benefit, determined as of the last day he or she was actively at work for the city, or

(2)

The difference between seventy (70) per cent of his or her current base monthly salary as of the date he became disabled and the sum of Social Security and Workers' Compensation Income received by reason of such disability. As and when changes are made in the amounts received by the member from social security or Workers' Compensation no adjustment shall be made in the payments from the retirement fund.

Disability payments shall commence on the first day of the seventh (7th) month following the date such member became disabled and shall continue until the earlier of death or recovery from such disability.

(e)

Determination of disability. No disability benefit shall be granted except upon approval of and certification by the board of trustees. Such approval of and certification shall include but not be limited to determination that such disability was service or non-service incurred and that such member has undergone medical examination by the medical board designated by the board of trustees and that such disability has been substantiated by the medical board to be total and permanent. Any refusal by a member to undergo such examination shall result in denial of disability benefits.

(f)

Required re-examination of disability retirees. Any service or non-service incurred disability retiree may be required to undergo a re-examination periodically by the medical board designated by the board of trustees in order to confirm the continued existence of the disability condition. Any refusal by a member to undergo such examination or re-examination shall result in a termination of disability payments until such disability condition is again medically substantiated by the medical board to the satisfaction of the board of trustees.

(g)

Additional provisions re disability retirees.

(1)

Exclusions. Disability benefits shall not be payable in cases where the disability arose as a result of the member's own willful intent or self-inflicted injury, intoxication, or use of narcotics or other items considered to be dangerous drugs, or commission of a criminal act.

(2)

Recovery. In the event of recovery from disability as determined by the board, and re-employment by the city within sixty (60) days of such recovery date, the period of time while the disabled member shall be included as continuous service in the event of recovery, but with out such re-employment by the city the member's future benefits shall be determined as though he or she initially terminated employment on his or her date of disability.

(Ord. No. 2001-105, § 1, 4-3-01)