§ 24-11-423 - Benefits -- Disability retirement.
24-11-423. Benefits -- Disability retirement.
(a) (1) (A) If any member of the police department shall become physically or mentally permanently disabled and this fact is certified to by the physician on the board of trustees, he or she shall be entitled to retire and receive a pension as provided herein. The board may first require that a second evaluation be performed by another physician to be named by the board. No member shall 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 in 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 a disabling injury or disease which occurs while conducting official police department operations or while in training to become a police officer.
(iii) The board 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 board 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) Any 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 any member is retired because of any disability, it shall be the duty of the member to have an examination made of himself or herself by the physician on the board at least once every six (6) months, and, if he or she shall have recovered from the disability, it shall be the duty of the board to stop the payment of the pension and to place the member back in service on the police department.
(2) The time of his or her retirement shall be considered as continuous service in the department.
(3) A member receiving the examination shall pay to the physician examining him or her a fee of five dollars ($5.00) for the examination so made.
(d) (1) In addition to the examination required by subsection (c) of this section, the board may require the member to have an examination made of himself or herself by a physician named by the board no more often than once every six (6) months, and, if the physician determines that the member has recovered from the disability, it shall be the duty of the board to stop the payment of the pension and to place the member back in service on the police department.
(2) The time of his or her retirement shall be considered as continuous service in the department.
(3) The board shall pay for the cost of the additional examination.