Section 18-43 Disability benefits.
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
disease or injury renders the employee unfit for the regular duties of the employees covered
(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 employees former
regular duties as a policeman solely because of the disability or a residual effect
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 employees 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 employees highest average salary. Such benefit shall be payable
(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 employees 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.
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)