§ 7-432 — Disability retirement: Application; continuance; calculation of income. Reconsideration.

(a) Any member shall be eligible for disability retirement and for a disability retirement allowance who has completed at least ten years of continuous service if such member becomes permanently and totally disabled from rendering service in the position in which such member has been employed. (b) In order to obtain a retirement allowance under this section, a member shall apply in writing for such allowance to the medical examining board established pursuant to subsection (c) of section 5-169 , not later than one year after incurring the disability. The disability retirement allowance may be made retroactive to the date of the last day of municipal service. (c) If such disability is shown to the satisfaction of the medical examining board to have arisen out of and in the course of such member's employment by the municipality, as defined by the Workers' Compensation Act, the member shall be eligible for retirement irrespective of the duration of his employment. Such retirement allowance shall continue during the period of such disability. (d) After twenty-four months, the existence and continuance of disability shall be determined by the medical examining board upon such medical evidence and other documentation as it requires, demonstrating that such member is totally disabled from rendering service in the position in which such member has been employed in the service of the municipality. (e) If the disabled retiree becomes disabled after January 1, 2013, and is not working, the total income he receives cannot exceed eighty per cent of the higher of his average salary or his salary at the time of disability. Such eighty per cent limitation shall be the combined income from the Municipal Employee Retirement System; Social Security disability payments, including payments to the individual's spouse and children; and temporary total or temporary partial benefits under the Workers' Compensation Act. (f) If the disabled retiree becomes disabled after January 1, 2013, and is working, the total income he receives cannot exceed one hundred per cent of the higher of his average salary or his salary at the time of disability. The one hundred per cent limitation shall be the combined income from the Municipal Employee Retirement System; Social Security disability payments, including payments to the individual's spouse and children; temporary total or temporary partial benefits under the Workers' Compensation system and his gross income from outside employment. (g) No reconsideration of a decision concerning eligibility for a disability retirement allowance or the discontinuance of such allowance shall be made by the medical examining board unless a member, upon application to the medical examining board for a redetermination, discloses additional facts concerning the member's condition. (h) Retirement income being paid for disability retirement shall end when and if the disability ends. Such member shall then retire at normal or early retirement age, if eligible, or retain a vested right to a deferred pension, if otherwise eligible.

Legislative History

(1949 Rev., S. 888; P.A. 79-376, S. 11; P.A. 11-251, S. 2; P.A. 13-247, S. 385.) History: P.A. 79-376 substituted “workers' compensation” for “workmen's compensation”; P.A. 11-251 defined “gainful employment” to exclude positions of less than 20 hours per week, effective July 13, 2011, and applicable to members who retire on or after January 1, 2000; P.A. 13-247 designated existing provisions as Subsecs. (a), (c) and (d), amended Subsec. (a) to delete definition of “gainful employment” and replace reference to defined term with “rendering service in the position in which such member has been employed”, added Subsec. (b) re application for retirement allowance, amended Subsecs. (c) and (d) to replace references to Retirement Commission with references to medical examining board, amended Subsec. (d) to add provision re documentation demonstrating member is totally disabled, to delete provision prohibiting payment for disability caused by wilful misconduct or intoxication and to delete provision re retroactive payment to date pay ended, added Subsec. (e) re retirees disabled after January 1, 2013, and not working and calculation of income, added Subsec. (f) re retirees disabled after January 1, 2013, and working and calculation of income, added Subsec. (g) re reconsideration of eligibility decision, added Subsec. (h) re end of payment for disability retirement, and made technical changes, effective July 1, 2013. Cited. 144 C. 322. Cited. 12 CA 138.