§ 2.17. Definition of disability—Requirements.

Disability shall mean a physical or mental condition of a member of Division A which has persisted for six (6) continuous months, which is likely to be permanent, and which has rendered him incapable of performing work which would provide income at a rate of twenty-five percent (25%) or more of his regular rate of earnings at the time such disability began. Loss by severance of both hands at or above the wrists, or both feet at or above the ankles, or one hand above the wrist and one foot at or above the ankle, or the complete irrecoverable loss of the sight of both eyes, shall conclusively determine disability, notwithstanding the extent of the income of the member of Division A after the date of such loss.

Notwithstanding any provision of this section to the contrary, disability as defined in this section shall not include a physical or mental condition which results directly or indirectly from:

(a)

Injury intentionally self-inflicted;

(b)

Injury or disease resulting from military service; or

(c)

Injury or disease suffered or contracted prior to the last date hired as an employee by the employer.

The pension commission shall have exclusive authority to determine the existence of disability. The commission, in its sole discretion, may secure such medical and other evidence as it deems necessary and appropriate. once each calendar year, the pension commission may require any retired member who is receiving a disability benefit and who has not reached his normal retirement date to undergo a medical examination by a physician or physicians designated by the pension commission; and such examination shall be made at the place of residence of such retired member or at any other place the pension commission designates. If the pension commission determines from such medical examination or any other evidence that the disability of the retired member has ceased, his disability benefit shall be discontinued as of the date of such determination. If a retired member refuses to submit to such medical examination, his disability benefit shall be discontinued until he shall actually undergo such medical examination; and if he fails to undergo such medical examination for one year from the date the pension commission requires such medical examination, his disability benefit shall be discontinued permanently. Prior to July 1 in each calendar year, each retired member who received a disability benefit in the preceding calendar year and who has not reached his normal retirement date shall submit proof satisfactory to the pension commission of the amount of his income earned in such preceding calendar year and derived from performing work. If the pension commission determines that such income is twenty-five percent (25%) or more of his regular rate of annual earnings at the time such disability began, his disability benefit shall be discontinued as of the date of such determination; provided, however, that if the retired member reapplies for disability benefits and the commission determines that disability exists, payment of his disability benefit shall resume as of the date of such determination. If a retired member refuses or fails to submit such proof to the pension commission prior to July 1, in each calendar year, his disability benefit shall be discontinued after such date and until he actually submits such proof; and if he fails to submit such proof within one year of such date, his disability benefit shall be discontinued permanently. If the disability benefit of a retired member is discontinued permanently prior to his normal retirement date and he is re-employed by the employer within six (6) months following the date his disability ceases, his credited service shall not be deemed to have been interrupted, but shall not include any time during which he was not an employee.