86.1560. Disability retirement pension, amount--definitions--board to determine disability, proof may be required.
Disability retirement pension, amount--definitions--board to determinedisability, proof may be required.
86.1560. 1. A member in active service who becomes totally andpermanently disabled, as defined in this section, shall be entitled toretire and to receive a base pension determined in accordance with theterms of this section. Members who are eligible and totally andpermanently disabled shall receive a disability pension computed asfollows:
(1) Duty disability, fifty percent of final compensation as of thedate of disability;
(2) Nonduty disability, thirty percent of final compensation as ofthe date of disability, provided that a nonduty disability pension shallnot be available to any member with less than ten years creditable service;
(3) In no event shall the disability pension be less than the amountto which the member would be entitled as a pension if the member retired onthe same date with equivalent age and creditable service.
2. The final payment due a member receiving a disability pensionshall be the payment due on the first day of the month in which suchmember's death occurs. Such member's surviving spouse, if any, shall beentitled to such benefits as may be provided under section 86.1610.
3. For purposes of sections 86.1310 to 86.1640, the following termsshall mean:
(1) "Duty disability", total and permanent disability directly due toand caused by actual performance of employment with the police department;
(2) "Nonduty disability", total and permanent disability arising fromany other cause than duty disability;
(3) "Total and permanent disability", a state or condition whichpresumably prevents for the rest of a member's life the member's engagingin any occupation or performing any work for remuneration or profit. Suchdisability, whether duty or nonduty, must not have been caused by themember's own negligence or willful self-infliction.
4. The retirement board in its sole judgment shall determine whetherthe status of total and permanent disability exists. Its determinationshall be binding and conclusive. The retirement board shall rely upon thefindings of a medical board of three physicians, and shall procure thewritten recommendation of at least one member thereof in each caseconsidered by the retirement board. The medical board shall be appointedby the retirement board and expense for such examinations as are requiredshall be paid from funds of the retirement system.
5. From time to time, the retirement board shall have the right torequire proof of continuing disability which may include furtherexamination by the medical board. Should the retirement board determinethat disability no longer exists, it shall terminate the disabilitypension. A member who immediately returns to work with the policedepartment shall again earn creditable service beginning on the first dayof such return. Creditable service prior to disability retirement shall bereinstated. A member who does not return to work with the policedepartment shall be deemed to have terminated employment at the timedisability retirement commenced; but in calculating any benefits due uponsuch presumption, the retirement system shall receive credit for allamounts paid such member during the period of disability, except that suchmember shall not be obligated in any event to repay to the retirementsystem any amounts properly paid during such period of disability.
(L. 2005 H.B. 323, A.L. 2008 H.B. 1710 merged with S.B. 980)