Sec. 37.205. - Involuntary retirement for disability.

Whenever the Sheriff has probable cause to believe that a member of the Sheriff's Office who is also a member of a pension fund of the City, County or State has become permanently or partially incapacitated for the performance of his duties and the member has not voluntarily applied for retirement on disability pension or has refused to do so, the Sheriff may recommend to the Board of Pension Trustees that the member be retired on disability pension and the recommendation shall have the same effect and be handled in the same manner as if the member had applied for voluntary retirement. If the recommendation is approved by the Board, the member shall be retired on disability pension regardless of his consent. Prior to making the recommendation, the Sheriff has authority to have the member examined by reputable physicians authorized to practice medicine in the State to determine if the member is permanently or partially incapacitated for the performance of his duties and, in the event the Sheriff does not do so, the Board shall require an examination to be made by two physicians, except when the member refuses to submit to an examination. A finding by both examining physicians as to the permanent or partial incapacity of the member for the performance of his duties shall be conclusive. In the event a member of the Sheriff's Office refuses to submit to medical examination or when he has been committed to an institution for mental incapacity, he shall be subject to removal from the Sheriff's Office. (Ord. 68-31-20, § 12; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1) Note— Former § 24.205.