§ 23-243. Disability benefits.

(a)

Upon the application of a member or his employer, any member who has had at least ten (10) years of creditable service may be retired by the board of trustees, not less than thirty (30) and not more than ninety (90) days next following the date of filing such application, on a disability retirement allowance, provided, that after a medical examination, he shall be found to be mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that he should be retired. Medical examination may be required once each year during the first five (5) years following retirement and once in every three-year period thereafter until the retiree has attained the equivalent age of regular retirement.

(b)

Upon application for disability, a member shall receive a retirement allowance if eligible, otherwise he shall receive a disability benefit which shall equal the same benefit payable under section 23-241(b)(1) or (2), whichever is applicable, and his creditable shall be increased by an amount equivalent to the difference between his age at retirement and sixty (60) years of age.

(c)

If a member is able to return to work after receiving a disability retirement, his creditable service shall be the number of years of creditable service accrued immediately prior to his retirement. His accumulated contributions standing to the credit of his account in the annuity savings fund shall be reduced by whatever amount he received as a disability benefit. However, his account shall not be less than zero, and such reduction shall not affect his retirement allowance when he becomes eligible for regular retirement.

(d)

The total retirement benefits for a disability retirement shall be restricted to eighty-five (85) percent of the average final compensation.

(e)

Should the board of trustees determine that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his final compensation, then the amount of his benefit shall be reduced to an amount which together with the amount earnable by him shall equal the amount of his final compensation. Should his earnings capacity be later changed, the amount of his benefit may be further modified; provided, that the new benefit shall not exceed the amount of the benefit originally granted.

(f)

Any member who is eligible for a disability retirement allowance, and who is not otherwise eligible for a regular retirement allowance, shall have the option to receive the benefits provided in paragraph (b) of this section or the member may elect to receive a disability allowance which shall equal the same benefit payable under section 23-241(b)(1) or (2), whichever is applicable, without penalty with no increase in creditable service, and upon the member's death the surviving spouse shall be automatically entitled to one-half (½) of the amount of the disability allowance which shall be paid to said spouse for life. All other provisions of this section apply and remain unchanged.

(Ord. No. 11027, § 5(4), 1-18-73; Ord. No. 12095, § 1, 7-31-75; Ord. No. 15815, §§ 1, 3, 12-14-83; Ord. No. 19156, § 1, 8-24-94)