Section 18-68 Disability benefits.
Prior to the adoption of Ord. 018160 on 07/06/2004, Section 18-68 read as follows.
(a) A covered firefighter employee who
a disease or sustains accidental
injuries resulting in disability or death while in the actual discharge and performance
duties of his the employees covered employment at some definite time and
place, or a covered
firefighter employee having completed one continuous year or more of covered employment who
shall contracts a disease or sustains accidental injuries resulting in
disability or death at any time,
shall be entitled to the disability benefit , or his spouse and minor children shall be entitled
death benefit, or both, in the following cases: set out in this section. The covered
employee shall be entitled to the disability benefit only while the disease or injury renders the
employee unfit for the regular duties of the employees covered employment.
(1) If such a disease or injury
shall disable a covered firefighter 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
benefits 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 firefighter employee is unable to return to his the employees
former regular duties
as a firefighter solely because of the disability or a residual effect thereof. Upon termination of
disability, no right of automatic reemployment exists. Reemployment shall be governed by the
provisions of the city's personnel code. In the event that If a formerly disabled
to be disabled and is again available for employment with the city, the board or the administrator
shall immediately notify the city personnel human resources department of that
the permission of the employee, medical records of the board shall be forwarded which document
(2) If a disease or injury shall
cause the death of a covered firefighter 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) A covered firefighter employee, disabled
as provided for in subsection (a), is eligible to
receive 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 child under the age of eighteen (18), who
was a dependent of the employee both at the time the employee became entitled to receive
disability benefits and during the period for which the benefit is payable, to an amount not to
exceed ninety (90) per cent of the employee's highest average salary. Such benefit shall be
(c) When a person receiving the disability
benefit is eligible for the retirement benefit due to
age or service, the person shall receive the greater of (a) the disability benefit being received, or
(b) the age or service benefit. Eligibility for retirement due to service shall be based on years of
active service plus years of service accrued while on disability retirement up to a maximum of
twenty (20) years or actual years of service, whichever is greater. The age or service benefit shall
be based on salary at the time of termination of employment and years of active service plus
years of service accrued while on disability retirement up to a maximum of twenty (20) years or
actual years of service, whichever is greater.
bd) After the approval of any
disability benefit, the administrator shall, from time to time
as he deems fit, review the disability of a covered firefighter employee retiree
whether or not such
the disability continues to exist. Reexamination shall take place at least once each
year unless the
board shall determine otherwise. The administrator may require any claimant retiree
disability benefit to undergo a medical examination to review the status of the disability. The
administrator may request the claimant retiree to undergo an examination with
a doctor of the
claimant's retirees choosing and at his the
retirees expense or may require a medical
examination with a doctor of the administrator's choosing at the FRF's expense of
firefighters retirement fund.
claimant retiree refusing
to submit to a medical examination after ten (10) days'
written notice from the administrator shall waive and forfeit all rights to benefits from the
the notice until such time as the claimant retiree submits to the required examination. In
that If such refusal continues for one calendar year from the date of notice, all rights
benefits shall immediately cease and the employee's contributions retirees
benefits shall escheat
to the FRF firefighters retirement fund.
the event that If the reexamination shows that the disability no longer exists, the
right to benefits for disability shall immediately cease. A hearing on the continuance of the
disability may be had before the administrator upon the covered firefighter employee's retirees
written request made within ten (10) days of the administrator's notification.
(Code 1964, § 9.1960)