(a)Disability benefit.
(1)a. Non-service connected disability benefit. Subject to subsection (b), any member who, after accumulating 10 years of paid membership time, experiences a total or partial and permanent disability as a result of a non-service connected disability shall be entitled to receive, at the time set forth in subsection (c), a monthly disability benefit determined in accordance with Section 45-37-123.100, as though the disabled member were entitled to a superannuation retirement benefit at the commencement of the disability; however, there shall be a percentage reduction of the benefit to reflect early commencement of the payment, the percentage to be based on the member’s whole years from actual eligibility for a superannuation retirement benefit, as set forth below. Not
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(a) Disability benefit.
(1)a. Non-service connected disability benefit. Subject to subsection (b), any member who, after accumulating 10 years of paid membership time, experiences a total or partial and permanent disability as a result of a non-service connected disability shall be entitled to receive, at the time set forth in subsection (c), a monthly disability benefit determined in accordance with Section 45-37-123.100, as though the disabled member were entitled to a superannuation retirement benefit at the commencement of the disability; however, there shall be a percentage reduction of the benefit to reflect early commencement of the payment, the percentage to be based on the member’s whole years from actual eligibility for a superannuation retirement benefit, as set forth below. Notwithstanding any provisions to the contrary, the minimum monthly disability benefit payable in connection with a non-service connected disability occurring before May 17, 2021, shall be 50 percent of the monthly compensation the member was receiving at the time he or she experienced a total and permanent disability.
Number of Whole Years Until Eligibility for Superannuation Retirement Benefit
Percentage Reduction of Superannuation Retirement Benefit
1
93%
2
87%
3
82%
4
77%
5
72%
6
68%
7
64%
8
60%
9
57%
10
54%
11 or more
50%
b. Any member who, after accumulating 10 years of paid membership time, experiences a partial and permanent disability as a result of a non-service connected disability, shall be entitled to receive a monthly disability benefit determined in accordance with subdivision (3).
(2) Service connected disability benefit. Subject to subsection (b), any member who experiences a total or partial and permanent disability as a result of a service connected disability shall be entitled to receive a monthly disability benefit in an amount equal to 60 percent of the member’s monthly compensation that he or she was receiving at the time he or she experienced a total and permanent disability. Any member who experiences a partial and permanent disability as a result of a service connected disability shall be entitled to receive a monthly disability benefit determined in accordance with subdivision (3).
(3) Partial disability benefits. In the event that a member experiences a partial and permanent disability in connection with either a non-service connected disability or a service connected disability, the pension board and its medical advisor shall determine the percentage of disability suffered, and the member shall be entitled to the proportion of the amount which would have been payable if the disability were a total permanent disability.
(b) Conditions for eligibility.
(1) Disability shall be permanent. To be qualified to receive a disability benefit, the disability, whether total or partial, shall be permanent and shall be experienced on or before a member’s separation from employment with the county. Disability benefits under this subsection shall only continue for such time as a member continues to experience a permanent disability, whether total or partial.
(2) Application and medical examination. Applications for a disability benefit shall be made in writing on forms provided by the pension board. All applicants for a disability benefit shall submit to all medical evaluations and examinations required by the pension board.
(3) Certification and reexamination. All members receiving a disability benefit shall certify any information required by the pension board and shall submit to reexamination as required by the pension board.
(4) Member’s duty to inform. Members receiving a disability benefit shall notify the pension board in writing within 30 days after accepting any full-time or part-time employment, whether or not the employment is in the service of the county.
(5) Disqualification from receipt of a disability benefit. No disability benefit shall be paid if the use of intoxicating liquor, narcotic drugs, or willful misconduct of the disabled member caused, or substantially contributed to, the disability or if the cause of the disability was voluntarily and willfully caused by the disabled member.
(c) Timing of payment. Payment of disability retirement benefits provided for by this section shall commence when the member separates from employment with the county and ceases to receive his or her compensation subject to the employee contribution requirements set forth in Section 45-37-123.82 and once a determination of disability has been made by the pension board.
(d) Ineligibility for joint survivorship pension option. A member electing a disability benefit shall not be entitled to elect a joint survivorship pension provided under Section 45-37-123.101, though a member may elect a 25-year early retirement benefit if the member has met the eligibility requirements set forth in Section 45-37-123.100(b)(2).
(e) Ineligibility for disability benefit if eligible for a superannuation retirement benefit. In the event that a member is eligible for a superannuation retirement benefit pursuant to Section 45-37-123.100(a), the member shall not be eligible for a disability benefit.
(f) Reemployment with the county. No disability benefit shall be paid to a disabled member who is reemployed by the county. Upon reemployment by the county in a position subject to mandatory membership as provided in Section 45-37-123.50(1), a reemployed member shall resume employee contributions as provided in Section 45-37-123.82 as a new member of the system with no paid membership time. Upon reemployment by the county in a position subject to optional membership, the member’s membership in the system shall terminate unless the option to become a member of the system is exercised in accordance with Section 45-37-123.50(2). If the option to become a member is exercised in accordance with Section 45-37-123.50(2), the reemployed member shall resume employee contributions as provided in Section 45-37-123.82 as a new member of the system with no paid membership time.
(g) Death. If a member dies while receiving payment of a disability benefit, the return of any remaining portion of his or her employee contributions shall be governed by Section 45-37-123.104(4)d. If the member has received payments in an amount at least equal to the amount of employee contributions he or she made to the plan at the time of death, then no further payments shall be made upon the member’s death.