§ 154-135. Peace officers' disability pension.

(a)

Eligibility. Any participant who is a peace officer and who becomes totally disabled in the line of duty shall be entitled to receive a peace officers' disability pension.

(b)

Amount. The peace officers' disability pension, stated as a monthly amount in the form of a single life annuity for the life of the participant, shall be:

(1)

His accrued benefit determined as if the participant has 35 years of creditable service and final average monthly earnings calculated, based on the salary paid to a six-year policeman or fireman as of the time of the onset of the participant's total disability; or

(2)

The participant's salary as of the commencement of his total disability, whichever would produce the greater benefit.

(c)

Commencement. The peace officers' disability pension shall be payable monthly commencing on the participant's disability retirement date and continuing on the first day of the month until the earlier of the participant's recovery from total disability or death, subject to the provisions on the effect of recovery in subsection (d) of this section and of death on benefits in section 154-142.

(d)

Effect of recovery from disability. The peace officers' disability pension shall cease if the participant recovers from his total disability. If the participant returns to employment with the employer, the prior period of total disability shall not constitute creditable service, but creditable service earned before the onset of total disability shall be credited toward any future benefit to which the participant becomes entitled under the plan.

(91-RC-669, § 4.5, 12-18-91)