Sec. 120.512C. - Disability.

(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 a police officer or fire fighter, as established by competent medical evidence. A disability benefit cannot be based on a condition which pre-existed membership in the PFDC 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) A member shall be eligible for a disability retirement from the entry date into the PFDC plan. (c) The disability benefit shall be paid on a bi-weekly basis in an amount equal to 60 percent of the member's average salary in the 52 pay periods immediately preceding the time of the disability. (d) Disability retirement income shall continue until the death of the member, or recovery from disability, or upon the death of a member. (e) A member receiving the disability benefit shall be entitled to a three percent cost of living adjustment to be applied each January 1. (f) A member receiving the disability benefit shall also be entitled to a supplemental benefit of $5 per month for each full year of actual service, which will be no less than $25 and no more than $150 per month. (g) 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 entitle the member to disability benefits from the former employer; (4) Self-inflicted wounds or conditions. (Ord. 2017-258-E , § 1)