§ 24-11-423 — Benefits - Disability retirement

(a) (1) (A) If any member of a police department becomes physically or mentally permanently disabled and this fact is certified by a physician named by the local board of trustees, he or she shall be entitled to retire and receive a pension as provided herein. A member of the police department shall not be retired for disability for natural causes unless he or she has served at least five (5) years. (B) If the disabling injury or disease occurred while not actually performing work in gainful employment for the police department, the monthly benefit shall be equal to the benefit paid to normal service retirants. (C) (i) If, however, a police officer is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member of the police department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (ii) For purposes of this section, "injured in the line of duty" means to have sustained a disabling injury or disease that occurs while the member of the police department is conducting official police department operations or training to become a police officer. (iii) The local board of trustees shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician's examination. The additional benefits provided in this subdivision (a)(1)(C) shall be effective for all qualifying applications first received by the local board of trustees on or after January 1, 1987. (2) For purposes of computing all benefits under this section, the term "salary" means regular salary only and shall not include overtime pay, payments for unused accrued sick leave or annual leave, or the cash value of any nonrecurring or unusual remuneration. (b) A police officer retired for reasons of disability who has more than twenty (20) years of service shall also be entitled to receive any supplementary benefit for which he or she would otherwise be qualified under this section and § 24-11-422 . (c) (1) If a member of the police department is retired because of any disability and, if he or she shall have recovered from the disability, and this fact is certified by a physician, it shall be the duty of the local board of trustees to stop the payment of the pension and to place the member back in service in the police department. (2) The time of the member's retirement shall be considered as continuous service in the police department. (d) (1) In addition to the examination under subsection (c) of this section, the local board of trustees may require the member of the police department to have an examination by a physician named by the local board of trustees no more often than one (1) time every six (6) months, and, if the physician determines that the member of the police department has recovered from the disability, it shall be the duty of the local board of trustees to stop the payment of the pension and to place the member back in service in the police department. (2) The time of the member's retirement shall be considered as continuous service in the police department. (3) The local board of trustees shall pay for the cost of the additional physician's examination.

Legislative History

Amended by Act 2013, No. 41,§ 15, eff. 2/6/2013. Acts 1937, No. 250, §§ 7, 9, 10; Pope's Dig., §§ 9862, 9864, 9865; Acts 1941, No. 82, §§ 1, 2; 1945, No. 176, §§ 2, 3; 1957, No. 415, § 2; 1963, No. 210, § 1; 1969, No. 288, § 1; 1971, No. 63, § 1; 1981, No. 987, § 1; 1983, No. 552, §§ 1, 2; A.S.A. 1947, §§ 19-1807, 19-1809, 19-1810; Acts 1987, No. 325, §§ 2, 3.