§ 2-64. Disability benefits.

(a)

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

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

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

(b)

Disability-benefit, duration and amount. Any member otherwise eligible as stated above who receives a service or nonservice incurred injury, illness, disease or disability, and which illness, injury, disease or disability permanently incapacitates him physically or mentally from his regular and continuous duty as a general employee or firefighter shall receive a disability benefit. The benefit shall commence following the expiration of benefits provided by the city due to such disability, other than Social Security and worker's compensation, and shall continue until the earlier of death or recovery from such disability. In the event of recovery prior to the otherwise normal retirement date, credit for service during the period of disability shall be granted for purposes of subsequent retirement benefits.

If a general employee is collecting disability income from the pension fund, at age sixty-two (62), the general employee 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 purposes of retirement benefits. 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.

The benefit shall be calculated as follows:

General employees: For service- and nonservice-incurred disabilities, the monthly benefit shall be the greater of:

(1)

Twenty (20) 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, Social Security) shall not exceed one hundred (100) percent of an employee's salary.

Firefighters: 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, Social Security) shall not exceed one hundred (100) percent of the employee's salary for service-incurred disability, and shall not exceed eighty (80) percent for nonservice-incurred disability.

(c)

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 cannot perform his regular duties.

(d)

Other available city employment. If the city provides or makes available any city job or position which can be undertaken and performed by a disability retiree at any time during the period of disability, such job or position must be accepted and fulfilled by such disability retiree unless the board, pursuant to established procedures, determines that such disability retiree is unable to perform such job or position. If such employment is not accepted by the disability retiree, the board shall forthwith terminate all disability benefits until such time as such alternative employment is accepted. If such employment is accepted, the disability benefit shall be reduced by fifty (50) percent of the amount payable, provided that in no event shall the disability benefit be reduced to a level where the resulting total monies payable to the disability retiree (disability payment plus employment compensation) be less than seventy (70) percent of the earnings in effect for such retiree on the date of disability.

Provided, further, any job or position offered to a disabled retiree shall constitute employment commensurate with the ability of and the previous position occupied by such disability retiree. No member or former member shall be forced or retired to fulfill a position, job or employment of any type with the city which would fail to recognize the prior established ability and position of such disabled person. In the event of an irreconcilable situation arising as a result of an unsuitable position being offered to a disabled retiree, such retiree may, upon application, have the matter finally resolved by the city council with the decision of the city council in any such case to be final and binding on the disabled retiree, the city and the board of trustees of the retirement system.

(e)

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.

(f)

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 immediate reemployment by the city, the period of time while disabled shall be included as continuous service. In the event of recovery, but without immediate reemployment by the city, 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 acceptable employment, giving due consideration to the then ability and capacity of such recovered disability retiree; and provided, also, that such failure of reemployment is not caused by reason of such former retiree's failure or refusal to accept suitable city employment; then, and in such event, the former disability retiree shall be entitled to future retirement benefits computed and determined on a basis allowing for continuous service throughout the period of disability. In the event of an irreconcilable situation arising hereunder, the matter shall be resolved by the city council.

(g)

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. 77-121, § 4, 6-2-77; Ord. No. 79-161, § 2, 11-27-79; Ord. No. 80-168, § 3, 12-8-80; Ord. No. 83-112, § 1(4), 3-14-83; Ord. No. 85-204, § 1, 11-12-85; Ord. No. 88-100, § 4, 2-8-88; Ord. No. 89-181, § 1, 9-25-89; Ord. No. 970-9-145, §§ 4, 5, 9-29-97)