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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter City Charter Chapter 5 FPDR Article 3 FPDR Two And Three Benefits
Section 5-307. Nonservice-Connected Disability Benefits.

(a)  Eligibility.  An Active Member shall be eligible for the nonservice‑connected disability benefit if the Member has 10 or more Years of Service and is unable to perform the Member's required duties because of an injury or illness that does not qualify as service‑connected or occupational under Subsection 5‑306(a), (b), (c) or (d).  No Member shall receive benefits under this Section as a result of the following:  willful injuries; injuries sustained while, or illness contracted as a result of, willfully doing an unlawful act; or weakness, illness or disability resulting directly or indirectly from the habitual excessive use of or addiction to use of alcoholic beverages or illegal drugs.

 

(b)  Amount of Benefit.  The benefit shall be 50 percent of the Member's Base Pay at disability, reduced by 50 percent of any wages the Member earns in other employment during the period the benefit is payable.  The Fund Administrator may reduce or terminate the benefit if the Member does not cooperate in treatment of the disability or in vocational rehabilitation or does not pursue other employment.

 

(c)  Form of Benefit.  The nonservice‑connected disability benefit shall be payable monthly from the date of disability.  The Board may adopt administrative rules which allow execeptions to the Form of Benefit in accordance with this Subsection.  The amount shall be adjusted to reflect changes in the rate of Base Pay of the position held by the Member at disability.  The benefit shall cease when the Member reaches Disability Retirement Age under Subsection 5‑304(a).

 

(d)  Nonservice-connected disability benefits to a FPDR Two Member shall cease at Disability Retirement Age under Subsection 5-304(a) unless the Fund Administrator determines that the nonservice-connected disability is temporary.  If the nonservice-connected disability is determined by the Fund Administrator to be temporary, a FPDR Two Member shall be eligible to receive disability benefits for a period of two (2) years from the date of such disability or the Disability Retirement Age, whichever is later. At the end of such period, the disabled FPDR Two Member shall be entitled to receive only a retirement benefit.  Nonservice-connected disability benefits to a FPDR Three Member shall cease at Normal Retirement Age under PERS unless the Fund Administrator determines that nonservice-connected disability is temporary.  If the nonservice-connected disability is determined by the Fund Administrator to be temporary, a FPDR Three Member shall be eligible to receive disability benefits for a period of two (2) years from the date of such disability or the Normal Retirement Age, whichever is later.

 

(e)   Offset.  The monthly amount of nonservice-connected disability benefits under this Charter shall be reduced by any monthly disability benefit payment made by PERS up to the amount provided in Subsection (b) of this section. The Fund Administrator shall reduce any nonservice-connected disability benefit payable under this Chapter in the amount determined to be necessary by the Fund Administrator to meet the limitation imposed by this Subsection.