(a) Board jurisdiction; examination. With the exception of the determination of temporary disability status and pre-1980 permanent disability status which shall be made by the board, all determinations and payments for disability retirements, whether occupational or total, shall be made by the retirement association in accordance with state law.

(b) Temporary. Any member, while in the performance and as a proximate result of his or her duty or by reason of service, who becomes temporarily mentally or physically disabled from any cause not self-inflicted nor due to the habitual use of intoxicants or drugs to an extent whereby he or she is unable to perform his or her duties shall be granted temporary disability payment in accordance with subsection (f) of this section by the board. Whenever an application is received by the board requesting the granting of temporary disability status, the board may personally examine the member, or may appoint one or more physicians or surgeons to make an examination of the member and report their findings to the board, which report may be taken into consideration in determining whether the member is physically or mentally disabled on a temporary basis. Any member of the fire department who has completed five years or more as a member of such department but who is unable to perform his or her duties by reason of heart disease or any disease of the lungs or respiratory tract shall be presumed, unless the presumption is overcome by competent evidence, to have contracted the disease while on active duty as a result of strain or the inhalation of noxious fumes, poison, or gases and shall be granted a temporary disability payment in accordance with subsection (f) of this section by the board.

(c) Coordination with injury leave. The board shall not grant temporary disability payments to a member who is receiving injury leave benefits. A member must exhaust all injury leave benefits before receiving temporary disability benefits.

(d) Employment in lieu of disability. In cases where a special position or assignment can or may be assigned to such member, the member may be assigned to such special position or assignment upon recommendation of the chief of the fire department and with the approval of a physician appointed by the board rather than be granted temporary or permanent disability retirement pay.

(e) Pre-1980 permanent disability pay. Any member, while in the performance and as a proximate result of his or her duty or by reason of service, who becomes permanently mentally or physically disabled from any pre-1980 cause not self-inflicted or due to the habitual use of intoxicants or drugs to an extent whereby he or she is unable to perform his or her duties shall be granted a permanent disability payment in accordance with subsection (i) of this section by the board. If the member of the fire department has completed five years or more as a member of said department but who is unable to perform his or her duties by reason of heart disease or any disease of the lungs or respiratory tract shall be presumed, unless said presumption is overcome by competent evidence, to have contracted said disease while on active duty as a result of strain or the inhalation of noxious fumes, poison, or gases and shall be granted a permanent disability payment in accordance with section 102-123(i) by the board.

(f) Temporary disability pay. Any member of the fire department granted temporary disability status by the board pursuant to this section shall be entitled to receive disability pay from the fire department retirement fund in an amount equal to the monthly compensation paid such member as salary at the date of such disability plus any increase in base salary granted during the period of disability for the rank or grade held by such member. The pension benefit shall be offset by any worker's compensation benefits paid. In the case of a temporary disability, the benefit shall not exceed a period of one year. The city shall continue to pay all insurance premiums in a manner comparable to an active member. The employee's duty to make his or her pension and insurance employee contributions shall continue.

(g) Disability; refusal to submit to examination. If any member shall have been retired temporarily or permanently under the provisions of this section by reason of any disability, the board shall have the right to examine other witnesses for the purpose of discovering whether such disability yet continues and whether such disabled member should be continued in the disability status or reinstated in active service, except in case of dismissal or resignation. Should any disabled member refuse to submit to such medical examination in any such period, the member's disability pay may be discontinued by the board until the disabled member submits to such medical examination and should his or her refusal continue for a period of 30 days, all of the member's rights in and to disability pay and status may be revoked by the board. Revocation of disability status by the board by reason of a member's refusal to submit to a medical examination shall be grounds for reinstatement to active duty unless the member has reached eligibility for a normal retirement. If upon a medical examination of such disabled member, the physician or physicians certify to the board that such disabled member is physically able and capable of remunerative employment in the service, the member shall be restored to service and the disability pay terminated.

(h) Return to service. A disabled member of the fire department who has been or shall be returned to service in the employ of the City as a firefighter shall be given service credit for the period the member was receiving disability pay.

(i) Pre-1980 disabilities. The retirement association has promulgated rules and regulations which provide that the board retains jurisdiction to adjudicate applications for permanent disabilities where the causation of the disability occurred prior to 1980. The board recognizes this jurisdiction and will act accordingly if an application is received which meets the criteria of a pre-1980 disability. If a permanent disability is granted, the benefit shall be 50 percent of the current (rank escalation) highest monthly base salary, plus longevity pay and longevity credit, paid for the rank held by such former member at the time of termination of employment with the department.

(j) Survivor benefit; calculation for spouse. If a member who is receiving a temporary or permanent disability pension from the board dies, the surviving spouse and/or an alternate payee shall receive, until death, a monthly pension. The total benefit payable to the surviving spouse and the alternate payee shall not exceed 66 percent of the benefit, which the member would have been eligible to receive but for his or her death, e.g., normal or delayed retirement.

(k) Survivor benefit; calculation for children. Any member receiving a temporary or permanent disability benefit from the board who shall die leaving no surviving spouse, but leaving children under the age of 18 years, such children shall receive the disability benefit calculated in accordance with subsection (j) of this section. Such benefits shall be payable in equal shares to the children then surviving, or to the children's guardian; if the benefit or some portion of the benefit has been disposed of under an approved domestic relations order, then the total amount payable to the child(ren) combined with the amount payable to the alternate payee shall equal 66 percent of the disability benefit, which includes rank escalation, theretofore paid to the deceased, and the disability benefit shall continue to be paid in equal shares to the surviving children under the age of 18 years, each child's entitlement to his or her share of the disability benefit shall terminate and cease to be paid and the remaining children's share shall be adjusted so that the disability benefit is paid equally as between the children. (Code 1979, § 15-123; Ord. No. 2000-75, § 2, 7-17-2000; Ord. No. 2000-27, § 1, 4-24-2000)