Sec. 11-238. - Nonservice-connected disability.

(a)

Any member becoming totally and permanently disabled due to any cause other than service-connected disability while an employee of the city, who has at least ten years of credited service, shall be entitled to a nonservice-connected disability annuity. This annuity shall be fixed at an amount equal to the percentage they had accrued pursuant to the union contract to the date of the disability. The annuity shall be reduced by any amounts received by the member as salary or other form of compensation received during disability from public funds.

(b)

Nonservice-connected disability shall be considered total and permanent if it results in some impairment of mind or body that substantially precludes a member from performing with reasonable regularity the substantial and material parts of any gainful work or occupation that he would be competent to perform were it not for the fact that the impairment is founded upon conditions which render it reasonably certain that it will continue indefinitely.

(c)

Should a member recover from disability and reenter the service of the city as a police officer or firefighter and shall render at least three years of continuous service thereafter, he shall be credited for service retirement annuity purposes with the periods of time during which he shall have received a nonservice-connected disability annuity. Otherwise, such member reentering service shall not be entitled to service credit for the period of such disability.

(d)

Disability incurred while in military service shall not be considered for the purposes hereof.

(e)

A nonservice-connected disability shall begin to accrue upon the expiration of 90 days following commencement of disability, provided that if the member is receiving salary for a period of more than 90 days, the annuity shall begin to accrue from the date salary has ceased. If written application for the annuity shall not have been filed with the board prior to the expiration of 90 days from date of disability, the annuity shall begin to accrue from the date application therefor has been filed, but, not in any event prior to the time when payments to the member on account of salary have ceased.

(f)

Eligibility for a survivor benefit shall be subject to the following conditions:

(1)

The spouse shall have been legally married to the member at the date of disability. The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the surviving spouse to any annuity or any other payment from the system.

(2)

The participant was not married at the time of the disability but had unmarried child/children under the age 18 including in utero. The legal guardian of the child/children shall receive the survivor benefit and would terminate upon their attainment of age 18, death or marriage, whichever first occurs.

(Rev. Ords. 1987, § 11-239; Ch. 712, § I, 6-5-18)