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(a) Board jurisdiction; examination. Under this article, all determinations and payments for disability retirements, whether occupational or total, shall be made by the retirement association in accordance with state law, with the exception of the determination of:

(1) Temporary disability status;

(2) Pre-1980 permanent disability status; and

(3) Disability retirements for those members who have met eligibility for a normal retirement, which shall be made by the board.

(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 physically or mentally disabled from any 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 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 such member is physically or mentally disabled on a temporary basis.

(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 police department and with the approval of a physician appointed by the board rather than be granted temporary disability retirement pay.

(e) Disability pay; pre-1980 permanent. 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.

(f) Disability pay; temporary. Any member of the police department granted temporary disability status by the board pursuant to this section shall be entitled to receive disability pay from the police 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 certifies 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 police department who has been or shall be returned to service in the employ of the City as a police officer 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) Disability retirement for members who have met eligibility for normal retirement. If a member has met the eligibility requirements for a normal retirement as defined in section 102-248, any application for a disability retirement shall be heard and determined by the board. If a determination is made to grant a disability pension for a member in this status, the benefit shall be equal to and calculated in the same fashion as the delayed retirement benefit. (Code 1979, § 15-92)