disability benefits; on-duty and off-duty injuries; hearings.
(a) On-Duty.
(1) For participants hired before July 1, 2002. If a participant becomes permanently physically or mentally disabled for service as a result of injuries received in the line of duty, regardless of the length of the period of his or her service, rendering his or her retirement from service necessary, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 30, and if the total service of the participant is less than three years, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for all years of service times 30.
(2) For participants hired on or after July 1, 2002. If a participant becomes physically or mentally disabled for service as a result of injuries received in the line of duty, regardless of the length of the period of his or her service, rendering his or her retirement from service necessary, the participant shall be entitled to receive a disability benefit. If the participant is determined to be 50 percent physically disabled or greater, the benefit will be three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 30, and if the total service of the participant is less than three years, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for all years of service times 30. If the participant is determined to be less than 50 percent disabled, the benefit will be determined in accordance with the previous paragraph, but will be reduced by the percent of physical disability, as determined according to subsection (c).
(b) Off-Duty -- Effective July 1, 2002. If a participant becomes physically or mentally disabled for service from any cause, except injuries received in the line of duty, and has completed at least five years of continuous service, rendering his or her retirement from service necessary, and after the disability has continued for a period of three months, he or she shall be entitled to receive a disability benefit. The benefit will be three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 25, then multiplied by the percentage of physical disability, as determined according to subsection (c).
(c) The participant may be sent to a physician selected by the retirement board for examination to determine the extent of the participant's disability. The American Medical Association's Guidelines for the Evaluation of Permanent Impairment shall be used to determine the percentage of disability suffered by the participant. The retirement board may accept documentation presented from the participant's physician, provided it complies with the criteria set forth in the Guide to Impairment and further provided that the physician certifies that he/she is familiar with the duties and functions of the participant and that the participant is expected to be under to perform certain material functions of his/her service to the city. The retirement board shall have the authority to issue such subpoenas to compel the production of such records or the attendance of such witnesses to assist it in ascertaining whether the participant is physically or mentally disabled for service so as to render the retirement of such participant of service to the city. The retirement board shall have the authority to adopt such rules and regulations as it deems necessary to provide for procedures which shall be followed by participant applying for disability benefits and for procedures to be followed by the board in its determination of such applications. In no event, however, shall a participant's application for disability benefits remain pending before the board for a period in excess of six months, except with the express written consent of the participant. The retirement board shall have the right at any time to cause the retired participant to be brought before it and examined by the city physician or other competent physician or surgeon selected by the retirement board, and to also examine other witnesses for the purpose of ascertaining whether the disability continues and whether the retired participant shall be continued on the pension roll. The participant shall be entitled to notice and to be present at all hearings of the evidence related to his/her application for disability benefits or any hearing relating to the continuation of his/her benefits. The retired participant shall be permitted to propound any questions pertinent or relevant to the issue of the disability. The retired participant shall also have the right to introduce in his or her own behalf any competent evidence under oath. The retirement board, or anyone acting on its behalf, shall administer oaths to witnesses and shall be authorized to issue such subpoenas as it deems necessary to compel the production of such records or witnesses to determine such issue of disability, or the continuation thereof. If the retirement board determines that the member is no longer disabled to the degree previously approved for, the retirement board shall order that the benefits to the participant from the plan shall be adjusted or discontinued, whichever is applicable.
(d) For the purposes of computing the average of the monthly compensation of a participant, the average of the monthly compensation of the participant shall not be decreased during any portion of the three-year period preceding his or her retirement by virtue of being placed on workers' compensation for any portion of the income shall be calculated as if he or she was receiving the monthly compensation which would have otherwise been paid to him or her during the period that he or she was paid workers' compensation benefits notwithstanding the decrease in the contributions made for the employee or by the employee into the plan during the time that the workers' compensation benefits are paid.
(Act 2002-298, p. 815, §19; Act 2002-304, p. 841, §19.)
disability benefits; on-duty and off-duty injuries; hearings.
(a) On-Duty.
(1) For participants hired before July 1, 2002. If a participant becomes permanently physically or mentally disabled for service as a result of injuries received in the line of duty, regardless of the length of the period of his or her service, rendering his or her retirement from service necessary, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 30, and if the total service of the participant is less than three years, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for all years of service times 30.
(2) For participants hired on or after July 1, 2002. If a participant becomes physically or mentally disabled for service as a result of injuries received in the line of duty, regardless of the length of the period of his or her service, rendering his or her retirement from service necessary, the participant shall be entitled to receive a disability benefit. If the participant is determined to be 50 percent physically disabled or greater, the benefit will be three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 30, and if the total service of the participant is less than three years, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for all years of service times 30. If the participant is determined to be less than 50 percent disabled, the benefit will be determined in accordance with the previous paragraph, but will be reduced by the percent of physical disability, as determined according to subsection (c).
(b) Off-Duty -- Effective July 1, 2002. If a participant becomes physically or mentally disabled for service from any cause, except injuries received in the line of duty, and has completed at least five years of continuous service, rendering his or her retirement from service necessary, and after the disability has continued for a period of three months, he or she shall be entitled to receive a disability benefit. The benefit will be three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 25, then multiplied by the percentage of physical disability, as determined according to subsection (c).
(c) The participant may be sent to a physician selected by the retirement board for examination to determine the extent of the participant's disability. The American Medical Association's Guidelines for the Evaluation of Permanent Impairment shall be used to determine the percentage of disability suffered by the participant. The retirement board may accept documentation presented from the participant's physician, provided it complies with the criteria set forth in the Guide to Impairment and further provided that the physician certifies that he/she is familiar with the duties and functions of the participant and that the participant is expected to be under to perform certain material functions of his/her service to the city. The retirement board shall have the authority to issue such subpoenas to compel the production of such records or the attendance of such witnesses to assist it in ascertaining whether the participant is physically or mentally disabled for service so as to render the retirement of such participant of service to the city. The retirement board shall have the authority to adopt such rules and regulations as it deems necessary to provide for procedures which shall be followed by participant applying for disability benefits and for procedures to be followed by the board in its determination of such applications. In no event, however, shall a participant's application for disability benefits remain pending before the board for a period in excess of six months, except with the express written consent of the participant. The retirement board shall have the right at any time to cause the retired participant to be brought before it and examined by the city physician or other competent physician or surgeon selected by the retirement board, and to also examine other witnesses for the purpose of ascertaining whether the disability continues and whether the retired participant shall be continued on the pension roll. The participant shall be entitled to notice and to be present at all hearings of the evidence related to his/her application for disability benefits or any hearing relating to the continuation of his/her benefits. The retired participant shall be permitted to propound any questions pertinent or relevant to the issue of the disability. The retired participant shall also have the right to introduce in his or her own behalf any competent evidence under oath. The retirement board, or anyone acting on its behalf, shall administer oaths to witnesses and shall be authorized to issue such subpoenas as it deems necessary to compel the production of such records or witnesses to determine such issue of disability, or the continuation thereof. If the retirement board determines that the member is no longer disabled to the degree previously approved for, the retirement board shall order that the benefits to the participant from the plan shall be adjusted or discontinued, whichever is applicable.
(d) For the purposes of computing the average of the monthly compensation of a participant, the average of the monthly compensation of the participant shall not be decreased during any portion of the three-year period preceding his or her retirement by virtue of being placed on workers' compensation for any portion of the income shall be calculated as if he or she was receiving the monthly compensation which would have otherwise been paid to him or her during the period that he or she was paid workers' compensation benefits notwithstanding the decrease in the contributions made for the employee or by the employee into the plan during the time that the workers' compensation benefits are paid.
(Act 2002-298, p. 815, §19; Act 2002-304, p. 841, §19.)
disability benefits; on-duty and off-duty injuries; hearings.
(a) On-Duty.
(1) For participants hired before July 1, 2002. If a participant becomes permanently physically or mentally disabled for service as a result of injuries received in the line of duty, regardless of the length of the period of his or her service, rendering his or her retirement from service necessary, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 30, and if the total service of the participant is less than three years, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for all years of service times 30.
(2) For participants hired on or after July 1, 2002. If a participant becomes physically or mentally disabled for service as a result of injuries received in the line of duty, regardless of the length of the period of his or her service, rendering his or her retirement from service necessary, the participant shall be entitled to receive a disability benefit. If the participant is determined to be 50 percent physically disabled or greater, the benefit will be three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 30, and if the total service of the participant is less than three years, the participant shall be entitled to receive a disability benefit of three percent times the average of his or her monthly compensation for all years of service times 30. If the participant is determined to be less than 50 percent disabled, the benefit will be determined in accordance with the previous paragraph, but will be reduced by the percent of physical disability, as determined according to subsection (c).
(b) Off-Duty -- Effective July 1, 2002. If a participant becomes physically or mentally disabled for service from any cause, except injuries received in the line of duty, and has completed at least five years of continuous service, rendering his or her retirement from service necessary, and after the disability has continued for a period of three months, he or she shall be entitled to receive a disability benefit. The benefit will be three percent times the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by 25, then multiplied by the percentage of physical disability, as determined according to subsection (c).
(c) The participant may be sent to a physician selected by the retirement board for examination to determine the extent of the participant's disability. The American Medical Association's Guidelines for the Evaluation of Permanent Impairment shall be used to determine the percentage of disability suffered by the participant. The retirement board may accept documentation presented from the participant's physician, provided it complies with the criteria set forth in the Guide to Impairment and further provided that the physician certifies that he/she is familiar with the duties and functions of the participant and that the participant is expected to be under to perform certain material functions of his/her service to the city. The retirement board shall have the authority to issue such subpoenas to compel the production of such records or the attendance of such witnesses to assist it in ascertaining whether the participant is physically or mentally disabled for service so as to render the retirement of such participant of service to the city. The retirement board shall have the authority to adopt such rules and regulations as it deems necessary to provide for procedures which shall be followed by participant applying for disability benefits and for procedures to be followed by the board in its determination of such applications. In no event, however, shall a participant's application for disability benefits remain pending before the board for a period in excess of six months, except with the express written consent of the participant. The retirement board shall have the right at any time to cause the retired participant to be brought before it and examined by the city physician or other competent physician or surgeon selected by the retirement board, and to also examine other witnesses for the purpose of ascertaining whether the disability continues and whether the retired participant shall be continued on the pension roll. The participant shall be entitled to notice and to be present at all hearings of the evidence related to his/her application for disability benefits or any hearing relating to the continuation of his/her benefits. The retired participant shall be permitted to propound any questions pertinent or relevant to the issue of the disability. The retired participant shall also have the right to introduce in his or her own behalf any competent evidence under oath. The retirement board, or anyone acting on its behalf, shall administer oaths to witnesses and shall be authorized to issue such subpoenas as it deems necessary to compel the production of such records or witnesses to determine such issue of disability, or the continuation thereof. If the retirement board determines that the member is no longer disabled to the degree previously approved for, the retirement board shall order that the benefits to the participant from the plan shall be adjusted or discontinued, whichever is applicable.
(d) For the purposes of computing the average of the monthly compensation of a participant, the average of the monthly compensation of the participant shall not be decreased during any portion of the three-year period preceding his or her retirement by virtue of being placed on workers' compensation for any portion of the income shall be calculated as if he or she was receiving the monthly compensation which would have otherwise been paid to him or her during the period that he or she was paid workers' compensation benefits notwithstanding the decrease in the contributions made for the employee or by the employee into the plan during the time that the workers' compensation benefits are paid.
(Act 2002-298, p. 815, §19; Act 2002-304, p. 841, §19.)
