§ 2.28.150. Disability retirement.

(a)

For employees under Plan No. 1:

(1)

Service-Connected Disability. An employee shall be eligible for retirement and for a retirement benefit if he or she becomes permanently and totally disabled from engaging in the performance of any duties for the city which such employee might reasonably be expected to perform in view of his or her training, experience, and education; and such disability is shown to have arisen out of and in the course of his or her employment by the city. Such employee shall be eligible for a retirement benefit equal to sixty percent of the employee's salary in effect when salary payments ceased.

(2)

Nonservice-Connected Disability. An employee having at least seven years of service, under the age of sixty years, who becomes permanently and totally disabled from engaging in the performance of any duties for the city which such employee might reasonably be expected to perform in view of his training, experience and education, shall be entitled to a retirement benefit. The retirement benefit in the case of a nonservice-connected disability shall be equal to thirty percent of the employee's final average salary, plus one percentage point for each year of service in excess of seven years, up to a maximum of fifty percent of final average salary.

(b)

For employees under Plan No. 2:

(1)

Service-Connected Disability. An employee shall be eligible for retirement and for a retirement benefit if he or she becomes permanently and totally disabled from engaging in the performance of any duties for the city which such employee might reasonably be expected to perform in view of his or her training, experience, and education, and such disability is shown to have arisen out of and in the course of his or her employment by the city. Such employee shall be eligible for a retirement benefit equal to fifty percent of the employee's salary in effect when salary payments ceased.

(2)

Nonservice-Connected Disability. An employee having at least seven years of service, under the age of sixty-two years, who becomes permanently and totally disabled from engaging in the performance of any duties for the city which such employee might reasonably be expected to perform in view of his training, experience and education, shall be entitled to a retirement benefit. The retirement benefit in the case of a nonservice-connected disability shall be equal to twenty-five percent of the employee's salary in effect when salary payments ceased.

(c)

For employees under Plan No. 3:

(1)

Service-Connected Disability. An employee shall be eligible for retirement and for a retirement benefit if he or she becomes permanently and totally disabled from engaging in the performance of any duties for the city which such employee might reasonably be expected to perform in view of his or her training, experience, and education; and such disability is shown to have arisen out of and in the course of his or her employment by the city. Such employee shall be eligible for a retirement benefit equal to fifty percent of the employee's salary in effect when salary payments ceased; or receive a refund of the employee's Plan No. 3 vested account.

(2)

Nonservice-Connected Disability. An employee having at least seven years of service, under the age of sixty-two years, who becomes permanently and totally disabled from engaging in the performance of any duties for the city which such employee might reasonably be expected to perform in view of his training, experience and education, shall be entitled to a retirement benefit. Such employee shall be eligible for a retirement benefit equal to twenty-five percent of the employee's salary in effect when salary payments ceased; or receive a refund of the employee's Plan No. 3 vested account.

(d)

Administration of Disability Annuities.

(1)

In order to obtain a disability retirement benefit, an employee shall apply in writing to the board. The board will establish rules and regulations governing the application process. The determination of disability from any cause shall be made by the board based upon medical information from examinations made by at least two physicians who may or may not be the claimant's physician or physicians and any other relevant information. The retirement benefit may be made retroactive to the date when salary ceased.

(2)

A member receiving either service-connected or nonservice-connected disability retirement benefits shall be required, at the discretion of the board, to submit to an examination at least once each year by a physician or physicians designated by the board to establish that the member is still disabled. The board may terminate a disability retirement benefit upon evidence that the member is no longer disabled. If such termination occurs and the member does not re-enter service, he or she shall be entitled to a refund of the excess, if any, of the contributions made by the member, without interest, over the amounts received by the member as disability retirement benefits.

(3)

No disability retirement benefits shall be paid if the disability was caused by willful misconduct or intoxication of the disabled employee. Any amount received under the State Worker's Compensation Act (except medical expenses) shall be deducted from the disability retirement benefit.

(4)

Each member receiving a disability retirement benefit shall submit to the board, once each year, a copy of the Federal Income Tax Return filed by the member for such year.

(5)

A member who has retired by reason of disability and thereafter resumes employment for salary other than with the city, shall have his or her disability retirement benefit reduced to an amount which, when added to his or her income from such employment does not exceed the salary currently being paid for the position classification most similar to that held by the member when salary payments ceased. Should a member be re-employed by the city, the disability retirement benefit shall immediately cease. Such member will resume participation in the retirement plan in which such member was participating at the time of disability. A member resuming participation in Plan No. 1 shall be entitled to service credit for the period such member was receiving disability retirement benefits. A member resuming participation in Plan No. 2 who is reemployed for at least three years thereafter shall be entitled to service credit for the period such member was receiving disability retirement benefits. In the event such member's period of reemployment is less than three years, such member shall not be entitled to service credit as provided above.

(6)

Application for a retirement based on age and length of service shall be deemed to be an irrevocable waiver of any claim for disability benefits.

(7)

The failure of a member to submit to an examination, as required under subparagraph (2) of this subsection, or to submit a Federal Income Tax Return, as required under subparagraph (4) of this subsection, shall be grounds for the board to terminate such member's disability retirement benefit.

(Ord. No. 44-812 § 16)