§ 24-10-607 — Disability retirement - Definitions

(a) (1) (A) (i) An active member with five (5) years of credited service, including credited service for seventy-five percent (75%) of the two (2) years immediately preceding his or her disability, who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of a personal injury or disease, may be retired by the Board of Trustees of the Arkansas Local Police and Fire Retirement System upon proper application filed with the board by or on behalf of the member or former member. (ii) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual service in order to be eligible for retirement. (iii) [Repealed.] (iv) [Repealed.] (B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the board in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired. (2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership. (3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board. (b) (1) (A) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in § 24-10-602 . (B) For purposes of calculating the amount of an annuity for disability retirement, a member's final average pay shall include workers' compensation benefits received by the member as set forth under § 24-10-102(17)(D) . (2) The member shall have the right to elect an option provided for in § 24-10-603 . (3) The member's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610 . (c) (1) (A) Any active member who while an active member becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as the result of a personal injury or disease that the board finds to have arisen out of and in the course of his or her actual performance of duty as an employee may be retired by the board upon proper application filed with the board by or on behalf of the member or former member. (B) The employee shall be retired only if, after a medical examination of the member or former member made by or under the direction of a physician or physicians designated by the board, the physician reports to the plan in a manner prescribed by the board that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will be permanent, and that the member or former member should be retired. (2) A proper application to the board by the member or former member or on behalf of the member shall be filed with the board not later than thirty (30) calendar days after the termination of active membership. (3) The disability annuity shall be effective the first day of the calendar month next following his or her termination of active membership and filing of the proper application with the board. (4) (A) A member who is hired on or after July 1, 2013, shall accrue ten (10) years of actual service to be eligible for retirement as provided in this subsection. (B) As used in this subsection: (i) "Cancer" means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, if the firefighter was exposed to a known carcinogen, as determined by the Department of Health with consideration to the findings of the International Agency for Research on Cancer, while in the official line of duty; and (ii) "Disease" includes without limitation a cancer that a member is diagnosed with while he or she is in the line of duty. (C) A finding that a member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence. (d) (1) (A) Upon disability retirement as provided in subsection (c) of this section, a member shall receive an annuity provided for in § 24-10-602 . (B) However, for the sole purpose of computing the amount of the annuity from volunteer service for such a retirant who does not have twenty-five (25) years of credited service in force at the beginning of the disability retirement, credited service shall be granted for the period from the date of disability retirement to the date the retirant would have completed twenty-five (25) years of credited service. (C) (i) An approved duty disability retirement that is effective on or after April 1, 2021, shall be classified as catastrophic duty disability, hazardous duty disability, or ordinary duty disability in accordance with the criteria in the rules for disability retirement established by the board. (ii) A catastrophic duty disability annuity shall be equal to the greater of the following: (a) The annuity paid to a retirant with twenty-eight (28) years of accrued paid service credit; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 . (iii) A hazardous duty disability annuity shall be equal to the greater of the following: (a) Sixty-five percent (65%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided for in § 24-10-602 . (iv) An ordinary duty disability annuity shall be equal to the greater of the following: (a) Fifteen percent (15%) of the final average pay of the member; or (b) The annuity paid to a retirant for each year of paid service resulting from employment as provided under § 24-10-602 . (2) The retirant shall have the right to elect an option provided for in § 24-10-603 . (3) The retirant's disability retirement and annuity shall be subject to the provisions of subsection (e) of this section and to the provisions of § 24-10-610 . (e) (1) At least one (1) time each year following a member's retirement on account of disability, the board may require a disability retirant who has not attained age fifty-five (55) to undergo a medical examination to be made by or under the direction of a physician or physicians designated by the board. (2) If the retirant refuses to submit to the medical examination, his or her disability annuity may be suspended by the board until his or her withdrawal of his or her refusal. (3) If the refusal of the retirant continues for ninety (90) calendar days, all the rights of the retirant in and to a disability annuity may be revoked by the board. (4) If, upon the medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate. (5) If the former disability retirant does not immediately again become an employee, then, for the purpose of determining his or her eligibility for any other system benefit, he or she shall be considered to have terminated active membership as of the time of disability retirement, but for a reason other than disability or death. (6) (A) If the former disability retirant immediately again becomes an employee, he or she shall immediately again become a member of the system, and his or her credited service at the time of his or her disability retirement shall be restored to his or her credit. (B) He or she shall be given service credit for the period he or she was in receipt of the disability annuity. (C) Should the former disability retirant again become totally and permanently disabled within two (2) years immediately following his or her return to membership, the seventy-five percent (75%) credited service requirement specified in subsection (a) of this section shall be waived. (f) (1) Beginning July 1, 2003, a member of the Arkansas Local Police and Fire Retirement System who received a disability retirement before July 1, 2001, shall receive the greater benefit of sixty-five percent (65%) of the final average pay of the member or an amount equal to the annuity paid to retirants for each year of paid service resulting from employment. (2) However, the system shall not be responsible for making benefit payments retroactive to the effective date of the disability. (g) Except for a disability retirant, a retirant who again becomes an employee of an employer covered by the system shall not be eligible to apply for or receive benefits under this section if he or she becomes disabled. (h) An approved disability annuity shall be forfeited immediately if a retirant becomes employed in a position that has the retirant perform a duty similar to his or her former employment: (1) As a certified law enforcement officer; (2) As a certified firefighter; (3) As a first responder; or (4) Performing an emergency medical service function. (i) When determining eligibility to apply for or receive a benefit under this section, the following shall not be considered: (1) Workers' compensation laws; (2) Workers' compensation rules; (3) An opinion regarding workers' compensation; or (4) A determination regarding workers' compensation.

Legislative History

Amended by Act 2023, No. 436,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 72,§ 10, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 9, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 8, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 7, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 6, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 5, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 4, eff. 4/1/2021. Amended by Act 2021, No. 72,§ 3, eff. 4/1/2021. Amended by Act 2019, No. 638,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 178,§ 7, eff. 3/31/2019. Amended by Act 2019, No. 178,§ 6, eff. 3/31/2019. Amended by Act 2019, No. 178,§ 5, eff. 3/31/2019. Amended by Act 2019, No. 178,§ 4, eff. 3/31/2019. Amended by Act 2013, No. 1444,§ 1, eff. 4/22/2013. Amended by Act 2013, No. 1065,§ 7, eff. 4/11/2013. Amended by Act 2013, No. 40,§ 10, eff. 2/6/2013. Acts 1981, No. 364, § 5; A.S.A. 1947, § 12-3805; Acts 1989, No. 9, §§ 1, 2; 1993, No. 1199, § 1; 1995, No. 643, § 1; 2001, No. 1132, § 1; 2003, No. 481, §§ 1, 2; 2003, No. 507, § 2; 2003, No. 1367, §§ 3, 4.