86.263. Service-connected accidental disability retirement, requirements--periodic examinations required, when--cessation of benefits, when.
Service-connected accidental disability retirement,requirements--periodic examinations required, when--cessation ofbenefits, when.
86.263. 1. Any member who is permanently unable to perform theduties of a police officer as the natural, proximate, and exclusive resultof an accident occurring within the actual performance of duty at somedefinite time and place, through no negligence on the member's part, shall,upon application, be retired upon certification by the medical director ofthe police retirement system and approval by the board of trustees of thepolice retirement system that the member is mentally or physically unableto perform the duties of a police officer and that the inability ispermanent or reasonably likely to become permanent.
2. No member shall be approved for retirement under the provisions ofsubsection 1 of this section unless the application was made and submittedto the board of trustees of the police retirement system no later than fiveyears following the date of accident, provided, that if the accident wasreported within five years of the date of the accident and an examinationmade of the member within thirty days of the date of accident by a healthcare provider whose services were provided through the board of policecommissioners with subsequent examinations made as requested, then anapplication made more than five years following the date of the accidentshall be considered timely.
3. Once each year during the first five years following a member'sretirement, and at least once in every three-year period thereafter, theboard of trustees may require any disability beneficiary who has not yetattained sixty years of age to undergo a medical examination or medicalexaminations at a place designated by the medical director or suchphysicians as the medical director appoints. If any disability beneficiarywho has not attained sixty years of age refuses to submit to a medicalexamination, his or her disability pension may be discontinued until his orher withdrawal of such refusal, and if his or her refusal continues for oneyear, all rights in and to such pension may be revoked by the board oftrustees.
4. If the medical director certifies to the board of trustees that adisability beneficiary is able to perform the duties of a police officer,and if the board of trustees concurs with the medical director'sdetermination, then such beneficiary's disability pension shall cease.
5. If upon cessation of a disability pension under subsection 4 ofthis section, the former disability beneficiary is restored to activeservice, he or she shall again become a member, and he or she shallcontribute thereafter at the same rate as other members. Upon his or hersubsequent retirement, he or she shall be credited with all of his or heractive service time as a member including the service time prior toreceiving disability retirement, but not including any time during whichthe former disability beneficiary 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 former disability beneficiary shall be entitled to theretirement benefit to which such former disability beneficiary would havebeen entitled if such former disability beneficiary had terminated servicefor any reason other than dishonesty or being convicted of a felony at thetime of such cessation of such former disability beneficiary's disabilitypension. For purposes of such retirement benefits, such former disabilitybeneficiary shall be credited with all of the former disabilitybeneficiary's active service time as a member, but not including any timeduring which the former disability beneficiary received a disabilitybeneficiary pension under this section.
(L. 1957 p. 256 § 20, A.L. 1969 p. 152, A.L. 2000 H.B. 1808, A.L. 2001 S.B. 290, A.L. 2009 H.B. 397 & H.B. 947)