§ 2-351. Duty disability incurred.

Upon the filing of a written application with the board by a member, or the city manager or his or her designee, and subject to rules including multiple or repeated and withdrawn applications, as promulgated and determined by the city manager, a member who becomes permanently and totally incapacitated for their prescribed duty as a city employee, or is permanently and totally incapacitated from performing any other assigned duty within the city, shall be retired by the board, if, and only if, the following conditions are met:

(1)

The application for disability retirement is submitted with medical reports, indicating that the employee qualifies for a disability retirement under the provisions of this division, and has ten or more years of credited service; and

(2)

That the employer and employee are given reasonable opportunity to review the medical data submitted in support of the application. If the employer deems it necessary, it may obtain an independent medical opinion by a duly licensed physician of the employer's choice and submit it to the board and director for review and consideration; and

(3)

That a medical examination(s) of the said member shall be made by or under the direction of the medical director. That after said examination(s), the medical director certifies that the said member is:

a.

Mentally or physically totally incapacitated for duty in the service of the city including any duties prescribed or assigned by the employer either within or without the bargaining unit, if any; and

b.

That the incapacity will probably be permanent to a medical certainty and that the member's disability has lasted or is expected to last for at least one year or to result in death; and

c.

That the said member should be retired in that no other available employment in the city can be performed in light of the disability.

If the said member is in receipt of worker's compensation on account of his or her total and permanent disability arising out of and in the course of his or her city employment, the ten-year service requirement shall be waived.

(Ord. No. 679, art. III, 12-21-2015)