§ 16-93. Disability benefits.

(a)

Right to disability benefits. A disability benefit shall be payable if a participant has ten (10) vesting credits and has suffered an injury, illness, disease, or disability which wholly prevents the participant, either mentally or physically, from engaging in any occupation for wage and profit for a period of six (6) months and is likely to thereafter remain so disabled continuously and permanently.

(b)

Amount of disability benefits. The disability benefit shall be the participant's accrued retirement benefit at the time of disability reduced by two and one-half (2½) per cent per year for the number of years that the first disability payment precedes the normal retirement date commencing on the date of disability and continuing until the participant's normal retirement date, at which time the reduction factor shall be eliminated and the participant shall receive their accrued benefit as of the day before their disability began.

(c)

Determination of disability.

(1)

Initial determination. The board may consider reports of physicians, and Social Security, Worker's Compensation and Veterans Administration disability determinations in determining whether a participant is disabled; however, such reports and determinations shall not be binding upon the board. The board may also require the participant to be examined, at the plan's expense, by physicians and other medical, vocational and rehabilitation professionals selected by the board whose reports may be considered by, but shall not be binding upon, the board in determining disability. The board should determine eligibility for disability benefits within sixty (60) days after all required documentation and reports have been submitted to the board.

(2)

Continuing review. The board may review the status of each disability benefit recipient periodically and may, in its sole discretion, require recipients, as a condition of continued payment of disability benefits, to submit physician's reports or submit to examinations, at the plan's expense, by physicians or other medical, vocational or rehabilitation professionals. Failure to submit to the required examinations shall be grounds to withhold benefit payments until such time as the requirements are met.

(d)

Recovery from disability.

(1)

Recovery. If a disability benefit recipient recovers and is no longer eligible for a disability benefit, the participant's disability benefit shall be discontinued.

(2)

Credit during disability. A recipient of a disability benefit who has recovered and returned to work shall not receive full vesting credit for all time during which the participant received a disability benefit but shall not suffer a break in service for the period of their disability.

(Ord. No. 1222, § 1, 11-18-1999)