§ 5056 - Disability retirement
§ 5056. Disability retirement
(a) Upon application of a member not more than 90 days before, or later than 90 days, or longer for cause shown, the date a member separates from service, any member who has not reached his or her normal retirement date and has had five or more years of creditable service, may be retired by the retirement board on a disability retirement allowance on the first of the month following separation from service; provided that the medical board, after an examination of the medical records of the member or a medical examination by a physician or physicians designated by the medical board, shall certify that the member is mentally or physically incapacitated for the further performance of the member's specific job requirements, that such incapacity has existed at and since the time of the member's separation from service and is likely to be permanent, and that he or she should be retired. If the member has applied for and been granted a disability retirement allowance from the Social Security Administration prior to submission of municipal application, an automatic approval will be granted upon receipt of proof of Social Security disability allowance.
(b) Upon a disability retirement, a member shall receive a normal retirement allowance if he or she has reached his or her normal retirement date; otherwise a member shall receive the allowance accrued to date of disability.
(c) Notwithstanding subsection (b) of this section, a group D member, upon ordinary disability retirement, shall receive an additional allowance which will be equal to ten percent of the member's average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23, if the member's compensation from the municipality:
(1) Is not subject to Social Security withholding; or
(2) When added to his or her Social Security benefit, is subject to Social Security withholding. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 1983, No. 56, § 2, eff. April 22, 1983; 1987, No. 39, § 5; 1989, No. 11, § 4; Amended 1999, No. 61, § 7; 2005, No. 197 (Adj. Sess.), § 3.)