§ 2.21. Disability in line of duty—Benefit.

A member of Division A shall receive a monthly disability retirement benefit, which shall be payable on his disability retirement date, as defined in Section 2.20, and on the first day of each month thereafter during the period of his disability, as defined in Section 2.17, and during his lifetime. Such monthly disability retirement benefit shall be either (a) or (b) as follows, whichever is the larger amount:

(a)

A monthly benefit computed in the same manner set forth in Section 2.12 except that such computation shall be made as of his disability retirement date and the amount of such benefit shall not be less than fifty dollars ($50.00) per month; or

(b)

A monthly benefit equal to one-twelfth ( 1/12 ) of the sum of fifty percent (50%) of average base earnings and fifty percent (50%) of average excess earnings determined as of his disability retirement date; provided, however, that such sum shall be reduced by the primary insurance amount being paid to such member of Division A under the Social Security Act.

A member of Division A who is eligible to receive a disability benefit in accordance with the provisions of subparagraph (b) of this section shall submit proof satisfactory to the pension commission that he has filed with the Social Security Administration an application for disability benefits in accordance with the provisions of the Social Security Act. The pension commission may require from time to time a member of Division A who is eligible to receive a disability benefit in accordance with the provisions of subparagraph (b) of this section to file an application for disability benefits with the Social Security Administration. If such member of Division A fails or refuses to file such application, the pension commission shall estimate what would have been his primary insurance amount if a valid application for disability benefits had been filed, and his monthly disability benefit payable as provided in subparagraph (b) of this section shall be reduced by such estimated primary insurance amount.