Prior to the adoption of Ord. 018160 on 07/06/2004, Section 18-68 read as follows.


    (a)    A covered firefighter employee who shall contracts a disease or sustains accidental injuries resulting in disability or death while in the actual discharge and performance of the duties of his the employee’s 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 to the death benefit, or both, in the following cases: set out in this section.  The covered firefighter 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 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 employee’s former regular duties as a firefighter 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. In the event that If a formerly disabled employee ceases 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 availability. With the permission of the employee, medical records of the board shall be forwarded which document that availability.

    (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 payable monthly.

     (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 to determine 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 receiving a 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 retiree’s choosing and at his the retiree’s expense or may require a medical examination with a doctor of the administrator's choosing at the FRF's expense of the firefighters’ retirement fund.

    (1)    Any 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 date of the notice until such time as the claimant retiree submits to the required examination. In the event that If such refusal continues for one calendar year from the date of notice, all rights to any benefits shall immediately cease and the employee's contributions retiree’s benefits shall escheat to the FRF firefighters’ retirement fund.

        2)        In 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 retiree’s written request made within ten (10) days of the administrator's notification.


(Code 1964, § 9.1960)