Prior to the adoption of Ord. 018160 on 07/06/2004, Section 18-43 read as follows.


    (a)    A covered police employee who sustains a duty-related disability or a covered police employee having completed one continuous year or more of covered employment who sustains a nonduty-related disability shall be entitled to the disability benefit as set out in this section. 18-46 or his spouse and minor children shall be entitled to the death benefit, or both, in the following cases:  The covered police employee shall be entitled to the disability benefit only while the disease or injury renders the employee unfit for the regular duties of the employee’s covered employment.

    (1)    If such a disease or injury shall disable a covered police employee, physically or mentally, so as to render him unfit for the performance of the regular duties of his covered employment, then for so long as such disability continues he shall be eligible for the disability benefit as hereinafter set forth. Upon the termination of the disability, payment of the benefit shall cease; provided, however, that no disability shall be deemed to have terminated so long as the covered police employee is unable to return to his the employee’s former regular duties as a policeman solely because of the disability or a residual effect thereof. Upon termination of a disability, no right of automatic reemployment exists. Reemployment shall be governed by the provisions of the city's personnel code.

    (2)    If a disease or injury shall cause the death of a covered police employee, then his spouse and minor children, if any, shall be eligible for the death benefit as hereinafter set forth.

    (3)    The disability benefit and the death benefit shall not be payable with respect to any disability or death resulting from suicide or attempted suicide.

    (b)    Eligible covered police employees shall be paid from the police retirement fund, from Workers' Compensation benefits, from Social Security benefits or from some combination thereof, the following benefits:

    (1)    To a covered police employee, disabled with a duty-related disability, a disability benefit equal to fifty (50) per cent of the employee’s highest average salary plus ten (10) per cent of that salary for each unmarried dependent child under the age of eighteen (18), to an amount not to exceed ninety (90) per cent of the employee’s highest average salary. Such benefit shall be payable monthly.

    (2)    To a covered police employee, disabled with a nonduty-related disability, a disability benefit equal to two and one-half (2.5) percent of the employee’s highest average salary per year of covered employment plus an additional one-half (.5) per cent of that salary per year for each unmarried dependent child under the age of eighteen (18), up to a maximum of four (4) children.  Such benefit shall be payable monthly.

    (3)    Duty and nonduty-related disability benefits paid to any covered police employee shall be offset dollar for dollar by the excess of income received by the retiree over one hundred (100) percent of the employee's highest average salary. For purposes of this section, income shall be defined as the combination of disability retirement benefits provided herein, social security, workers' compensation benefits, other long-term disability benefits, and compensation for other employment. After a retiree accumulates twenty (20) years of combined service in covered employment and time receiving disability benefits, the income offset shall cease.

    (4)    In the event of a lump sum Workers' Compensation settlement, the amount of the monthly income to be used as income offset in the disability retirement benefit shall be determined by converting the lump sum Workers' Compensation amount to a single life monthly annuity of equivalent value for the benefit recipient, using the mortality table and interest rate used in the most recent actuarial valuation of the fund. For purposes of this section, future medical awards shall not be considered a part of Workers' Compensation benefits or entitlements. In addition, the monthly disability benefit shall be reduced by the amount of the single life monthly annuity as determined herein.

    (5)    For purposes of calculating the income offset for disability retirement benefits, the final average salary shall be adjusted on the anniversary date of the retiree's becoming eligible for disability retirement benefits by the percentage change in the consumer price index for this region of the country from January 1 of the previous year to January 1 of the current year.

    (6)    An employee who receives disability benefits for a duty-related disability shall receive credit for covered employment for each year of duty-related disability retirement up to a maximum, when combined with years of actual covered employment, of twenty (20) years. At that point disability retirement benefits shall cease and the retiree shall receive retirement benefits based on years of service.

        (7)        Any person disabled prior to June 7, 1993, and any person who is receiving nonduty-related disability benefit may, upon reaching age sixty-five (65) years, elect to receive, in lieu thereof, retirement benefits based on age.

(Code 1964, § 9.1800; Ord. No. 13698 § 1, 6-7-93)