86.1200. Permanent disability not caused by performance of duty, ten years of creditable service, retirement permitted--base pension amount--certification of disability.
Permanent disability not caused by performance of duty, ten years ofcreditable service, retirement permitted--base pensionamount--certification of disability.
86.1200. 1. Any member in active service who has completed ten ormore years of creditable service and who has become permanently unable toperform the full and unrestricted duties of a police officer as the resultof an injury or illness not exclusively caused or induced by the actualperformance of his or her official duties or by his or her own negligenceshall be retired by the board of police commissioners upon certification byone or more physicians of the medical board of the retirement board thatthe member 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 two and one-half percent of finalcompensation multiplied by the number of years of creditable service. Suchpension shall be paid for so long as the permanent disability shallcontinue, during which time such member shall for purposes of this sectionbe referred to as a nonduty disability beneficiary.
3. Once each year during the first five years following such member'sretirement, and at least once in every three-year period thereafter, theretirement board may, and upon the member's application shall, require anynonduty disability beneficiary who has not yet attained the age of sixtyyears to undergo a medical examination at a place designated by the medicalboard. If any nonduty disability beneficiary who has not attained the ageof sixty years refuses to submit to a medical examination, his or hernonduty disability pension may be discontinued until his or her withdrawalof such refusal, and if his or her refusal continues for one year, allrights in 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 nonduty disability beneficiary is able to performthe full and unrestricted duties of a police officer, and if the retirementboard concurs in the report, then such beneficiary's nonduty disabilitypension shall cease.
(L. 2005 H.B. 323, A.L. 2008 H.B. 1710 merged with S.B. 980)