49-16-602 - Disability retirement -- Disability allowance eligibility -- Conversion to service retirement -- Examinations -- Reemployment.
49-16-602. Disability retirement -- Disability allowance eligibility -- Conversion toservice retirement -- Examinations -- Reemployment.
(1) A member of this system who applies and is qualified for disability retirement shallreceive a disability retirement benefit until the earlier of:
(a) the date the member of this system is no longer disabled;
(b) the date the member of this system has accumulated 20 years of firefighter servicecredit, including years earned while disabled; or
(c) the date the member of this system has received disability retirement benefits for thefollowing time periods:
(i) if the member is under age 60 on the date of disability, the disability retirementbenefit is payable until age 65;
(ii) if the member is 60 or 61 years of age on the date of disability, the disabilityretirement benefit is payable for five years;
(iii) if the member is 62 or 63 years of age on the date of disability, the disabilityretirement benefit is payable for four years;
(iv) if the member is 64 or 65 years of age on the date of disability, the disabilityretirement benefit is payable for three years;
(v) if the member is 66, 67, or 68 years of age on the date of disability, the disabilityretirement benefit is payable for two years; and
(vi) if the member is 69 years of age or older on the date of disability, the disabilityretirement benefit is payable for one year.
(2) (a) (i) The disability retiree shall receive service credit in this system during theperiod of disability.
(ii) If the disability retiree is employed by a participating employer during the period ofdisability, the disability retiree may not receive service credit for that employment.
(b) The disability retirement shall be converted to a service retirement at the time thedisability retirement benefits terminate.
(3) The office shall approve or disapprove applications for disability retirement benefitsbased upon:
(a) the evaluation and recommendations of one or more treating physicians along withmedical records relating to the condition;
(b) the evaluation and recommendations of one or more independent physicians selectedby the office; and
(c) receipt of documentation by the office from the participating employer that themember is mentally or physically unable to perform firefighter service.
(4) (a) A disability retiree who receives benefits under this section shall, upon request ofthe executive director, submit to a medical examination by one or more physicians as directed bythe office.
(b) If, after an examination, the examiners report that the disability retiree is physicallyand mentally able and capable of resuming firefighter service employment, the disability retireeshall be reinstated by the participating employer for which the disability retiree last worked at thedisability retiree's former classification and rank, and the disability retirement benefit shallterminate.
(c) A disability retiree may not be required to submit to an examination under thisSubsection (4) more than once every year.
(d) A disability retiree who returns to firefighter service employment with a participatingemployer in this system shall immediately begin accruing service credit that shall be added tothat service credit that has been previously accrued, including service credit while disabled.
(5) A disability retiree is not subject to medical examinations after reaching age 55.
(6) Refusal or neglect of a member to submit to an examination as requested by theoffice either before or after a decision regarding disability benefits has been made is sufficientcause for denial, suspension, or discontinuance of benefits and if the refusal or neglect continuesfor one year, the member's or disability retiree's rights to disability retirement benefits may berevoked by the office.
(7) (a) A disability retiree who receives benefits under this part shall file a swornstatement with the office on or before March 15 of each year for the first five years a disabilityretiree receives benefits.
(b) The sworn statement shall indicate whether or not the disability retiree engaged inany employment during the preceding year and, if so, the amount of earnings received during thecalendar year.
(c) If the total amount received in one year by a disability retiree for disability retirementbenefits and gross earnings from other employment exceeds 125% of the disability retiree's finalaverage salary, the office shall offset the disability retirement benefit paid the following year bythe amount in excess of 125% of the disability retiree's final average salary.
(d) (i) If a disability retiree refuses or neglects to file a sworn statement as required underthis Subsection (7), the executive director may suspend payment of any and all benefits pendingreceipt of the statement.
(ii) Upon filing the statement, the disability retiree's payments shall be resumed.
(8) The disability retirement benefit shall be improved by the annual cost-of-livingincrease factor applied to retirees of the system that covered the firefighter service employee atthe time of disability.
(9) A line of duty disability allowance paid on or after January 1, 2002, under Section49-16-601 is exempt from taxation to the extent permitted under federal law.
(10) (a) An active member of this system with five or more years of firefighter servicecredit shall be eligible for a line-of-duty death or disability benefit resulting from heart disease,lung disease, or respiratory tract disease.
(b) An active member of this system who receives a line-of-duty disability benefit formore than six months due to violence or illness other than heart disease, lung disease, orrespiratory tract disease, and then returns to paid firefighter service, is not eligible for aline-of-duty death or disability benefit due to those diseases for two years after the memberreturned to paid firefighter service unless clear and convincing evidence is presented that theheart, lung, or respiratory tract disease was directly a result of firefighter service.
(11) Disability retirement benefits shall be considered an allowance for purposes ofSection 49-11-701.
Amended by Chapter 130, 2007 General Session