§ 2-44. Disability retirement.

(a)

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

(1)

Service-incurred: Eligible from entry date as a member of the system.

(2)

Nonservice-incurred: Two (2) years of credited service.

(b)

Disability. Any member otherwise eligible as stated above who, in the opinion of the board of trustees, is wholly prevented either mentally or physically, from rendering useful and efficient service as a firefighter for the city, will be considered totally disabled. The firefighter will be considered permanently disabled, if, in the opinion of the board of trustees, he or she is likely to remain so disabled continuously and permanently from a cause other than specified in subsection (c) below.

If a firefighter is collecting disability income from the pension fund, at age fifty-five (55), the firefighter shall have the option of converting the disability to a normal retirement benefit, provided he/she continues to meet all eligibility requirements. Credit for service during the period of disability shall be granted for the purposes of retirement benefits.

(c)

Restrictions. A firefighter will not be entitled to receive any disability retirement income if the disability is a result of: (a) excessive and habitual use by the firefighter of drugs, intoxicants, or narcotics; (b) injury or disease sustained by the firefighter while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (c) injury or disease sustained by the firefighter while serving in any armed forces; (d) injury or disease sustained by the firefighter after his or her employment has terminated; or (e) self inflicted injury.

(d)

Eligibility. No firefighter shall be permitted to retire under the provisions of this section until he or she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that purpose, and is found to be disabled in a degree and in a manner specified in this section.

(e)

Determination of disability, board decision. No disability benefit shall be granted except upon approval of and certification by the board of trustees that such disability was service or nonservice-incurred, that such disability has been substantiated medically to the satisfaction of the board and that the member is totally and permanently disabled in the line of duty from rendering useful and efficient service as a firefighter in the city.

(f)

Duration. The monthly retirement income to which a firefighter is entitled in the event of his or her disability retirement shall be payable on the first day of the first month after the board of trustees determines such entitlement. However, the monthly retirement income shall be retroactive to the entitlement date as determined by the board, and any portion due for a partial month shall be paid together with the first payment. The last payment will be, if the firefighter recovers from the disability, the payment due next preceding the date of such recovery. If the firefighter dies without recovering from disability and unless otherwise elected by the member, the last monthly payment will be the payment due next preceding the firefighter's death; except that, if the firefighter dies after his retirement but before he has received retirement benefits for a period of ten (10) years, the same monthly benefit will be paid to the beneficiary or beneficiaries as designated by the firefighter for the balance of such ten-year period, or, if no beneficiary is designated, to the estate.

(g)

Amount of disability. For service and nonservice-incurred disabilities, the monthly benefit shall be the greater of:

(1)

Fifty (50) percent of the rate of monthly earnings in effect on the date of disability; or

(2)

The monthly benefit accrued to date of disability.

(3)

Total benefits paid (i.e., disability, worker's compensation) shall not exceed one hundred (100) percent of the employee's salary.

(h)

Required reexamination of disability retirees. Any service or nonservice incurred disability retiree may be required by the board to undergo a reexamination annually in order to confirm the continued existence of the disability condition. Any refusal by a member to undergo such examination or reexamination shall result in a termination of disability payments until such disability condition is again medically substantiated to the satisfaction of the board.

(i)

Recovery. In the event of recovery from disability as determined by the board, and immediate reemployment by the city as a firefighter, the period of time while disabled shall be included as credited service. In the event of recovery, but without immediate reemployment by the city as a firefighter, the member's future benefits shall be determined as though he initially terminated employment on his date of disability; provided, however, if such reemployment is prevented by reason of the failure or refusal of the city to provide or offer reemployment as a firefighter, and provided, however, that such failure of reemployment is not caused by reason of such former retiree's refusal to accept firefighter employment with the city, then, and in such event, the former disability retiree shall be entitled to future retirement benefits computed and determined on a basis allowing for credited service throughout the period of disability.

(j)

Presumptive disease. Any presumption created by general or special act of the state legislature creating a presumption that certain illnesses have occurred in the line of duty shall be applicable for the purpose of establishing causation for service-connected disability or death benefits under this plan. The presumptive disease laws in effect on the date of a member's application for disability or death benefits shall be the presumptions utilized by the board in considering that member's application for benefits.

(Ord. No. 00O-6-33, § 1, 6-26-00; Ord. No. 11O-05-123, § 5, 6-13-11)