Prior to the adoption of Ord. 018160 on 07/09/2004, Section 18-46 read as follows.


    For covered police employees there shall be paid from the PRF, 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 as provided for in section 18-43, a disability benefit equal to fifty (50) per cent of his 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 that highest average salary. Such benefit shall be payable monthly.

     (2)    To a covered police employee, disabled with a nonduty-related disability as provided for in section 18-43, a disability benefit equal to two and one-half (2.5) percent of his highest average salary per year of covered employment plus an addition one-half (.5) per cent of his highest average salary per year for each unmarried dependent child under the age of eighteen (18), up to a maximum of four (4) children.

    (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 benefit shall become a regular retirement benefit as set out in section 18-45.

    (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, the normal retirement benefit to which he would otherwise be entitled.

(Code 1964, § 9.1830; Ord. No. 12061, § 1, 11-7-88; Ord. No. 13698 § 1, 6-7-93)