§ 24-10-607 - Disability retirement.
24-10-607. Disability retirement.
(a) (1) (A) Any 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 written 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 writing that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will probably be permanent, and that the member or former member should be retired.
(2) A written 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 one (1) year after the termination of active membership.
(3) The disability annuity shall be effective the first day of the calendar month next following the later of:
(A) His or her termination of active membership; or
(B) Six (6) months before the date the written application is filed 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) (i) 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(15)(D).
(ii) Disability benefits awarded to members, prior to July 16, 2003, shall be adjusted to include workers' compensation benefits in calculating final average pay upon application to the system by the affected member.
(iii) No adjustment shall be made in monthly benefits paid before January 1, 2003.
(2) He or she shall have the right to elect an option provided for in 24-10-603.
(3) His or her 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 written 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 writing that the member or former member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will probably be permanent, and that the member or former member should be retired.
(2) A written 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 one (1) year after the termination of active membership.
(3) The disability annuity shall be effective the first day of the calendar month next following the later of:
(A) His or her termination of active membership; or
(B) Six (6) months before the date the written application is filed with the board.
(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 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.
(2) (A) Upon disability retirement as provided in subsection (c) of this section for members in paid service, a member shall receive an annuity provided for in 24-10-602.
(B) However, for determining the amount of the annuity, the retirant's annuity amount shall either be equal to sixty-five percent (65%) of the final average salary of the member or shall be equal to the annuity paid to retirants for each year of paid service resulting from employment as provided for in 24-10-602, whichever is greater.
(3) The retirant shall have the right to elect an option provided for in 24-10-603.
(4) 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 during the first five (5) years following a member's retirement on account of disability and at least one (1) time in each three-year period thereafter, the board may require any 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 in any period, his or her disability annuity may be suspended by the board until his or her withdrawal of his or her refusal.
(3) If his or her refusal continues for one (1) year, all his or her rights 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, subdivision (d)(2) of this section shall apply retroactively to allow members of the Arkansas Local Police and Fire Retirement System who received a disability retirement before July 1, 2001, to receive the greater benefit of sixty-five percent (65%) of the final average salary 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.