§ 13-8. Disability benefits.

(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 permanently incapacitates a member physically or mentally from his regular and continuous duty as a police officer for a period of six (6) months or more.

(c)

Non-service incurred disability benefit and duration.

(1)

Any member otherwise eligible as stated above who receives a non-service incurred disability shall receive, upon written request to the board, from the plan a monthly disability benefit equal to his accrued benefit, determined as of the last day he was actively at work for the city, and paid in the form of a ten (10) year certain and life thereafter annuity. The minimum benefit shall be twenty-five (25) per cent of the member's average monthly earnings as of the date he became disabled.

(2)

Disability payments shall commence on the first day of the first month after the board determines such entitlement and include any portion due for a partial month. Payments shall continue until the earlier of:

a.

Death or one hundred twenty (120) monthly benefits, whichever is later; or

b.

Recovery from such disability prior to normal retirement date.

(d)

Service incurred disability benefit and duration.

(1)

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, upon written request to the board, from the plan in equal monthly installments a monthly disability benefit equal in amount to the greatest of:

a.

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

b.

The difference between seventy (70) per cent of his current base monthly salary or average monthly earnings as of the date he became disabled and workers' compensation income received by reason of such disability. As and when changes are made in the amounts received by the member from workers' compensation no adjustment shall be made in the payments from the plan.

c.

Forty-two (42) per cent of the member's average monthly earnings as of the date he became disabled.

(2)

Disability payments shall commence on the first day of the first month after the board determines such entitlement and shall include any portion due for a partial month. Payments shall continue until the earlier of:

a.

Death or one hundred twenty (120) monthly payments, whichever is later; or

b.

Recovery from such disability.

(e)

Determination of disability. No disability benefit shall be granted except upon approval of and certification by the board. 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 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.

(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 disabled shall be included as continuous service. In the event of recovery, but without such re-employment by the city, the member's future benefits shall be determined as though he initially terminated employment on his date of disability.

(h)

Cost-of-living adjustment. A cost-of-living adjustment (COLA) shall be applied to a disability retiree's retirement benefit as follows:

(1)

For any member who attained twenty (20) years of service as of October 1, 2012, the benefit shall be adjusted annually by two and one-half (2.5) per cent as of the first day of January each year. A prorated portion of the COLA will be applied on the first January 1st subsequent to retirement.

(2)

For any member who has not attained twenty (20) years of credited service as of October 1, 2012, the benefit formula shall be adjusted on a pro rata basis:

(a)

Annually by one (1) per cent as of the first day of January each year, after a five-year delay for all credited service earned on or after October 1, 2012. The one (1) per cent portion of the COLA will be applied on the first January 1st five (5) years subsequent to eligibility.

(b)

Annually by two and one-half (2.5) per cent as of the first day of January each year for all credited service earned prior to October 1, 2012. A prorated portion of the COLA will be applied on the first January 1st subsequent to retirement.

(Ord. No. 94-153, § 1, 12-6-94; Ord. No. 2007-124, § 4, 12-11-07; Ord. No. 2013-115, § 3, 9-18-13; Ord. No. 2017-104, § 2, 5-17-17)