§ 11-29. Service incurred disability retirement.

(a)

Eligibility.

(1)

Any member of the plan may apply for and receive service incurred disability retirement benefits only for a total and permanent disability as part of and in connection with the member's performance of services for the city. Any member of the plan shall be entitled to service incurred disability retirement unless the disability is a result of:

a.

Excessive and habitual use of drugs, intoxicants or narcotics;

b.

Injury or disease sustained by the member while illegally participating in fights, riots, civil insurrections and/or committing a crime;

c.

Injury or disease sustained by the member while serving in any of the armed forces;

d.

Injury or disease sustained by the member after his employment with the city has been terminated;

e.

Injury or disease sustained by the member while working (either as an employee or through some other contractual arrangement) for anyone other than the city, performing a job function the same as or related to the member's city job function and arising out of the scope of such other employment or contractual arrangement; however, this section shall not exclude recovery by police officers while engaged and enforcing the laws of the state;

f.

For members of the general employees' retirement plan, a condition which gave rise to the permanent and total disability which existed prior to the member's employment and/or which was evidenced during the member's preemployment physical.

(2)

Any police or firefighter member of the plan who becomes totally and permanently incapacitated as part of and in connection with the member's performance of service to the city (service incurred disability) as the result of a condition or impairment of health caused by tuberculosis, hypertension, heart disease, or hardening of the arteries may be retired by the board, provided that the medical board, after a medical examination of such member, shall certify that such member is totally incapacitated for further performance of service to the city, that such incapacity is likely to be permanent and that such member should be retired on a service incurred disability benefit. For the purposes of this subsection, any condition or impairment of health of any such member caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total or partial disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence; and condition or impairment of health caused directly or proximately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the member resulting in total or partial disability shall be presumed to be accidental and suffered in the line of duty; however, that such member shall have successfully passed a physical examination including an electrocardiogram which failed to reveal any evidence of such condition, and further that such presumption shall not apply to benefits payable under or granted in a policy of life insurance or disability insurance.

(b)

Determination of service incurred disability. All questions relating to eligibility for initial payment or continuance of service incurred disability benefits shall be determined by each board, taking into consideration the recommendations of the medical board and such other evidence of which the board may avail itself. The criteria which the board shall follow in its determination shall be as follows:

(1)

Determine whether the member's application is proper and timely;

(2)

Based on all evidence submitted to the board, determine whether the application satisfies the definition of total and permanent service incurred disability, including the listed exclusions;

(3)

Determine whether the disability is to be considered a service incurred disability;

(4)

Establish a date of disability. This date may be the date of injury causing the disability or the date when the member could no longer perform his regular and continuous duties, if the date of injury cannot be determined.

(c)

Any plan member receiving service incurred disability retirement benefits may elect to convert to normal or early retirement upon meeting all eligibility criteria. Plan members receiving disability retirement benefits may elect to continue making regular contributions to the retirement system and, based on such contributions, to earn additional service credit toward normal or early retirement benefits.

(Ord. No. 124-X-O, § 1(16-11(B)), 9-12-89; Ord. No. 124-X-P, § 1, 12-18-90; Ord. No. 124-X-Y, § 7, 10-11-94; Ord. No. 124-X-96-A, § 1, 12-10-96; Ord. No. 124-X-00-B, § 1, 6-13-00)