§ 36-10-15 - Amount of accidental disability benefit.
SECTION 36-10-15
§ 36-10-15 Amount of accidental disabilitybenefit. – (a) For disability applications submitted on or before September 30, 2009, uponretirement for accidental disability under § 36-10-14, a member shallreceive a benefit which shall be equal to sixty-six and two-thirds percent(66 2/3%) of his or her annual compensation at the time of his or herretirement, subject to the provisions of § 36-10-31.
(b) Upon any application for accidental disability submittedon or after October 1, 2009, if the member has been found to be permanently andtotally disabled from service but has not been found by the board to bepermanently and totally disabled from any employment as a result of his/heraccidental disability, a member shall receive a retirement allowance equal tofifty percent (50%) of the rate of the member's compensation at the date of themember's retirement, subject to the provisions of § 36-10-31. The retireeshall, as a condition of continued receipt of a disability retirementallowance, on or before a date fixed by the retirement board, annually underpenalties of perjury provide the board with such affidavits and accurateevidence of earnings, employment and gainful activity as the board may require,including, but not limited, joint and/or individual tax returns. Payment of thedisability retirement allowance shall continue as long as the individualremains disabled, and regardless of service or age.
Upon retirement for accidental disability that has been foundby the board to be permanently and totally disabling from any employment, amember shall receive a retirement allowance equal to sixty-six and two-thirdspercent (66 2/3%) of the rate of the member's compensation at the dateof the member's retirement subject to the provisions of § 36-10-31. Theretirement board shall apply the terms of subsection 28-33-17(b) in determiningtotal disability.