86.537. Trustees shall pay disabled members from pension fund, when.
Trustees shall pay disabled members from pension fund, when.
86.537. If any member of the police department of any suchcity shall, while in the performance of his duty and nototherwise, become and be found upon examination by a medicalofficer selected by such board and authorized by said applicant,to be physically or mentally permanently disabled by reason ofservice in such department, so as to render necessary hisretirement from service from said department, said board oftrustees may, if it finds such applicant is entitled to bepensioned, pay the said disabled member from said pension fundthe sum equal to one-half the average monthly rate of salarywhich such member shall have received on said force during threeyears immediately preceding the date of his retirement; except,if such member shall have served less than three years in saiddepartment, the average monthly rate of salary shall be computedby the board of trustees. On the other hand, if said physicianor physicians shall find the applicant is disabled from furtherservice from disease contracted or injuries sustained outside ofthe services of the police department then said applicant shallbe permitted to receive as a refund the amount he would receiveunder section 86.523 if he should be dismissed or resign from thepolice department; provided, that any pension granted to anymember of such pension fund for disability provided in thissection shall cease if such member shall recover from saiddisability, provided such member shall be restored to active dutyin such force, the said board of trustees to be at all times thefinal authority in determining all matters pertaining to thegranting or termination of the pensions, refunds, or allowances,awarded as provided for in this section.
(RSMo 1939 § 9482)Prior revision: 1929 § 8923