86.1180. Permanent disability caused by performance of duty, retirement by board of police commissioners permitted--base pension amount--certification of disability.
Permanent disability caused by performance of duty, retirement byboard of police commissioners permitted--base pensionamount--certification of disability.
86.1180. 1. Any member in active service who is permanently unableto perform the full and unrestricted duties of a police officer as thenatural, proximate, and exclusive result of an accident occurring withinthe actual performance of duty at some definite time and place or throughan occupational disease arising exclusively out of and in the course of hisor her employment shall be retired by the board of police commissionersupon certification by one or more physicians of the medical board that themember is mentally or physically unable to perform the full andunrestricted duties of a police officer, that the inability is permanent orlikely to become permanent, and that the member should be retired. Theinability to perform the full and unrestricted duties of a police officermeans that the member is unable to perform all the essential job functionsfor the position of police officer as established by the board of policecommissioners.
2. Upon such retirement on or after August 28, 2001, a member shallreceive a base pension equal to seventy-five percent of his or her finalcompensation for so long as the permanent disability shall continue, duringwhich time such member shall for purposes of this section be referred to asa disability beneficiary. Such pension may be subject to offset orreduction under section 86.1190 by amounts paid or payable under anyworkers' compensation law.
3. Once each year during the first five years following his or herretirement, and at least once in every three-year period thereafter, theretirement board may, and upon the member's application shall, require anydisability beneficiary who has not yet attained the age of sixty years toundergo a medical examination at a place designated by the medical board orsome member thereof. If any disability beneficiary who has not attainedthe age of sixty years refuses to submit to a medical examination his orher disability pension may be discontinued until his or her withdrawal ofsuch refusal, and if his or her refusal continues for one year, all rightsin and to such pension may be revoked by the retirement board.
4. If one or more members of the medical board certify to theretirement board that a disability beneficiary is able to perform the fulland unrestricted duties of a police officer, and if the retirement boardconcurs on the report, then such beneficiary's disability pension shallcease.
5. If upon cessation of a disability pension under subsection 4 ofthis section, the former disability beneficiary is restored to activeservice, such member shall contribute to this retirement system thereafterat the same rate as other members. Upon subsequent retirement, such membershall be credited with all his or her creditable service, including anyyears in which such member received a disability pension under thissection.
6. If upon cessation of a disability pension under subsection 4 ofthis section, the former disability beneficiary is not restored to activeservice, such member shall be entitled to the retirement benefit to whichsuch member would have been entitled if such member had terminated serviceat the time of such cessation of the disability pension. For the purposeof such retirement benefits, such former disability beneficiary will becredited with all his or her creditable service, including any years inwhich such member received a disability pension under this section.
(L. 2005 H.B. 323, A.L. 2008 H.B. 1710 merged with S.B. 980)