§ 62-93. Disability incurred.

(a)

Upon the application of a member, or his/her department head, a member who:

(1)

Is in the employ of the city;

(2)

Has ten or more years of credited service; and

(3)

Has become or becomes totally and permanently, physically or mentally incapacitated for duty in the employ of the city;

may be retired by the board if, after a medical examination of the member made by or under the direction of the medical director, or by a physician selected by the city manager, or, at the board's discretion, acceptance of an independent medical examination that was previously performed on the member, the medical director certifies to the board:

a.

That the member is mentally or physically totally incapacitated for duty in the employ of the city;

b.

That such incapacity will probably be permanent; and

c.

That the member should be retired.

Upon his/her retirement, the member shall receive a disability retirement allowance provided for in section 62-94.

(b)

The requirement of at least ten years of credited service contained in subsection (a) of this section shall be waived in the case of a member whom the board finds:

(1)

To be totally and permanently, physically or mentally incapacitated for duty as the natural and proximate result of a personal injury or disease arising out of and in the course of his actual performance of duty in the employ of the city; and

(2)

To be in receipt of workers' compensation on account of his physical or mental incapacity.

(Code 1971, § 24-53; Ord. No. 11-415, 1-3-2012; Ord. No. 12-420, 5-7-2012)