Part 17 — DISABILITY RETIREMENT GENERALLY

On and after the effective date of this section, the provisions of this Part 17 shall no longer apply to any person to whom the provisions of Part 18 of Chapter 3.24 thereafter apply.

(Prior code § 2904.140z1.)

If a member is retired for disability after he has attained age sixty, he shall receive a disability retirement allowance equal to what would be his service retirement allowance if such were calculated under, in accordance with and pursuant to the provisions of Part 15 of Chapter 3.24.

(Prior code § 2904.141.)

If a member is retired for disability before he attains age sixty, he shall receive a disability retirement allowance which shall consist of:

A.

An annuity which is the actuarial equivalent of his accumulated contributions at the time of his retirement; and

B.

A "disability retirement pension" derived from the contributions of the city.

(Prior code § 2904.142.)

The disability retirement pension shall be such an amount as with that portion of his annuity provided by his accumulated normal contributions plus his accumulated prior service contributions, will make his disability retirement allowance equal:

A.

Ninety percent of one-sixtieth of his final compensation multiplied by the number of years of service credited to him; or

B.

If the disability retirement allowance computed under subsection A. of this section does not exceed one- fourth of his final compensation, ninety percent of one-sixtieth of his final compensation multiplied by the number of years of service which would be creditable to him were his service to continue until attainment by him of age sixty, but in such case the retirement allowance shall not exceed one-fourth of such final compensation.

(Prior code § 2904.143.)

A.

If, prior to attaining age fifty-five, a recipient of a disability retirement allowance engages in a gainful occupation not in the city service, the board shall reduce his monthly disability retirement pension to an amount which when added to the compensation earned monthly by him, shall not exceed the amount of the maximum compensation earnable by a person holding the position which he held at the time of his retirement, or, if that position has been abolished, the maximum compensation earnable by a person holding it immediately prior to its abolition.

B.

If his earnings are further altered, the board may further alter his disability retirement pension to the lower of the following amounts:

The amount of the disability retirement pension upon which he was originally retired;

An amount which, when added to the compensation earned by him, shall equal the amount of the maximum compensation earnable by a person holding the position which he held at the time of his retirement, or, if that position has been abolished, the maximum compensation earnable by a person holding it immediately prior to its abolition.

C.

When he reaches age fifty-five, his retirement allowance shall be made equal to the amount at which it would be in the absence of a reduction under this section.

(Prior code § 2904.145.)

In no event shall the disability retirement pension under Sections 3.24.1720 and 3.24.1730 be more than sufficient to make the disability retirement allowance, exclusive of any annuity provided by accumulated additional contributions, exceed the service retirement allowance, exclusive of any annuity purchased by accumulated additional contributions which would be receivable by a member if he were to retire for service at age sixty and his service retirement allowance were computed pursuant to and in accordance with the provisions of Part 15 of Chapter 3.24.

(Prior code § 2904.144.)