Sec. 120.512A. - Disability Benefits.

(a) A member shall be disabled if the member has suffered an illness, injury or disease which renders the member permanently and totally incapacitated, physically or mentally, from regular and continuous duty as an employee or officer of the City. The term "regular and continuous" as used in the foregoing sentence shall not require that an employee or officer be able to perform all of the duties set forth in the job description, but shall mean the ability to perform work within the employee or officer's classification for which a position has been made available by the City, consistent with the physical or mental health of the member. A disability benefit cannot be based on a condition which pre-existed membership in the GEDC plan unless the nature of the injury or illness giving rise to the disability would reasonably be expected to give rise to a disability in a person without the pre-existing condition. (b) Disability Benefits shall be provided as follows: (1) In the case of a disability arising from an accident, injury or illness incurred in the performance of service with the City, the long-term disability benefits shall be equal to 50 percent of the member's earnable compensation at the time of disability. There shall be no minimum period of service for a service-related disability. (2) In the case of a disability not arising from an accident, illness or injury arising in the performance of service with the City, the long-term disability benefit shall be equal to 25 percent of the member's earnable compensation at the time of disability. In the event the member has more than five years of service, the non-service related disability benefit shall be increased by two and one-half percent of the member's earnable compensation for each year after five years of service to a maximum of 50 percent. There shall be no non-service-related disability benefits for members with less than five years of service at the time of disability. In that event, members separating from service shall receive a return of employee contributions. (3) Long-term disability benefits shall be payable until the earlier of recovery and return to work or death. Upon the death of a member receiving a long-term disability benefit, the benefit shall be paid at 75 percent to the eligible surviving spouse as defined in Section 120.511A , in lieu of the payment of the employee's contributions and earnings in the GEDC to which the employee had a vested right. (4) No member shall be eligible to receive disability benefits during any period of time that the member is receiving a salary from the City. Disability benefits shall not be reduced because the member is or was receiving workers' compensation payments unless the sum of the disability benefits and workers' compensation exceed the compensation on which workers' compensation benefits are computed. In such case, the disability benefits shall be reduced to an amount which when added to the workers' compensation payment will equal the compensation on which workers' compensation benefits are computed. (5) Disability benefits shall be paid bi-weekly. No benefit shall be paid until the City has actually considered and approved the members' entitlement to disability. (6) No disability benefit payable from the Disability Program shall be reduced by any outside income from any gainful employment or occupation engaged in while disabled. (c) No member shall be granted a disability benefit upon a determination that the disability resulted from: (1) Excessive and habitual use of drugs, intoxicants or narcotics; (2) Injury or disease sustained while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime; (3) Injury or disease arising from service in the armed forces which entitles the member to disability benefits from the former employer; (4) Self-inflicted wounds or conditions. (Ord. 2017-258-E , § 1)