§ 24-11-433 - Police pension funds -- Partial disability pensions.
24-11-433. Police pension funds -- Partial disability pensions.
(a) (1) If any member of the police department of a city of the first class with a population in excess of one hundred seventy thousand (170,000) persons as determined by the 1990 population totals as published by the Bureau of the Census of the Department of Commerce 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 in this section.
(2) No member shall be retired for disability for natural causes unless he or she has served at least five (5) years.
(b) (1) The physician's certification shall state whether the disability is total or partial.
(2) In the event such disability is partial, the physician shall state the extent of such partial disability, apportioned to the body as a whole, in percentage terms.
(3) The board may first require that a second evaluation be performed by another physician to be named by the board.
(4) (A) If the disability injury or disease occurred while not actually performing work in gainful employment for the police department and the physician member of the board certifies that such disability is total, the monthly benefit shall be equal to the benefit paid to normal service retirants.
(B) If the physician member of the board certifies that such disability is partial, the monthly benefits shall be equal to the benefit paid to normal service retirants multiplied by the percentage the member is disabled, as certified by the physician member of the board.
(5) (A) If, however, a police officer is injured in the line of duty and the physician member of the board certifies that such disability is total, 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.
(B) If the physician member certifies that such disability is partial, the monthly benefit shall 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, multiplied by the percentage the member is disabled, as certified by the physician member of the board.
(c) 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.
(d) The additional benefits provided in this section shall be effective for all qualifying applications first received by the board on or after January 1, 1987.
(e) 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.