§ 24-11-821 - Benefits -- Cessation of payments.
24-11-821. Benefits -- Cessation of payments.
(a) When any person who shall have received any benefits from the fund shall be convicted of any felony, shall become an habitual drunkard, shall fail to report himself or herself for examination for duty as required in this act, unless excused by the board, or shall disobey the requirements of the board under this act in respect to the examination for duty, then the board shall order that the pension or allowance as may have been granted to the person shall immediately cease. That person shall receive no further pension, allowance, or benefit under this act, but in lieu thereof, the pension, allowance, or benefit may be paid to those immediately dependent upon him or her or his or her legally appointed guardian.
(b) In the event the chief or any member of the fire department shall be removed or discharged without just cause, the removal or discharge shall not in any way affect the right of the person to the benefits of this act. At the time of the discharge or removal of the person, the board shall investigate and determine whether the removal or discharge was without just cause and shall make a report of its findings, and any person feeling himself or herself aggrieved by the decision of the board shall have the right to appeal therefrom to the circuit court of the county in the method provided for appealing from decisions of the justices of the peace in civil cases.
(c) In the event it shall be determined on appeal that the removal was without just cause, then the person so removed shall be reinstated by the board and shall be entitled to all the rights under the provisions of this act.