§ 5-1-221. ORDINARY DISABILITY RETIREMENT BENEFIT.

(a)

(1)

This subsection applies to a sworn member of the Fire Department or Police Department.

(2)

Upon the application of a member in service or of the employer, any member who has had five (5) or more years of creditable service, or ten (10) or more years of creditable service if the member begins service on or after July 1, 2007, may be retired by the Board of Trustees not less than thirty (30) and not more than ninety (90) days next following the date of filing such application for an ordinary disability retirement allowance; provided that the Medical Board, after a medical examination of such member, shall certify that such member is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that such member should be retired.

(b)

(1)

This subsection applies to Group 3 members.

(2)

Upon the application of a member in service or of the employer, any member who has had ten (10) or more years of creditable service may be retired by the Board of Trustees not less than thirty (30) and not more than ninety (90) days next following the date of filing such application for an ordinary disability retirement allowance; provided that the Medical Board, after a medial examination of such member, shall certify that such member is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that such member should be retired.

(3)

Upon the application for disability retirement of a member in service or of the employer under this subsection, if the Board of Trustees determines that the member is eligible to retire for service, the Board of Trustees may retire the member for service under the applicable section of this title in lieu of a disability retirement.

(1988 Code, § 23-53) (Bill No. 32-03, § 1, 7-1-2004; Bill No. 42-07, § 2, 6-6-2007; Bill No. 30-10, § 3, 7-1-2010)

Editor's note:
  Section 7 of Bill No. 30-10 provides that this Act shall apply to any Group 3 member who has not filed an application for a disability retirement before April 19, 2010.