§ 22-238. Eligibility for ordinary, non-job-related disability retirement.

(a)

Non-job-related disability. Any vested member in service may retire or may be retired by the member's appointing authority at any time prior to the member's normal retirement date, on account of permanent disability, upon submission of a completed retirement application to the Board, made by the member or by the appointing authority setting forth at what time the retirement is to become effective. Such effective date shall be after the termination of pay status but shall not be more than 90 days prior to the filing of such application. The medical examiners, after a medical examination of such member, shall have certified that such member has been completely incapacitated by reason of sickness or injury contracted after the member's most recent date of employment and that at such effective date the member, as a result of the same sickness or injury, is completely incapacitated from performing the duties required of the member's position or another position with the City and that such incapacity is likely to be permanent and that such member should be retired.

(b)

Preexisting condition. If a member's sickness or injury which, though existing at the time of the member's most recent employment, did not prevent such member from performing all the usual and customary duties required in the position such member filled such member is entitled to disability retirement, provided that:

(1)

The member's most recent period of employment has been not less than five years; and

(2)

Medical evidence, convincing to the Board, supports a finding that such preexisting condition has worsened substantially, so as to render such member completely incapacitated and that at such effective date the member, as a result of the same sickness or injury, is completely incapacitated from performing the duties required of the member's position or another position with the City and that such incapacity is likely to be permanent and that such member should be retired.

(c)

Successive disabilities. In the administration of this section, successive disabilities separated by less than six months of active employment shall be considered to be the same disability unless due to entirely unrelated causes.

(d)

Determination of retirement date. Notwithstanding the requirement of Subsection (a) of this section that the effective date of a member's disability retirement shall be after the termination of pay status but shall not be more than 90 days prior to the member's or the member's appointing authority's filing a completed retirement application with the Board, the Board may, in its discretion, upon written application by the member or appointing authority, as the case may be, and upon medical examination and certification by the medical examiner to the Board that the same incapacity continues, extend the effective date for retirement beyond the 90 days, provided that each such extension shall be for 90 days, and not more than three consecutive extensions shall be granted or allowed by the Board to the member. Should the medical examiner after further examination of the member during the period of extension certify that the members' incapacity has been cured or removed, the member shall not be eligible for disability retirement.

(e)

Termination of pay status. Retirement under this section shall occur upon the termination of pay status. As used in this section, the term "termination of pay status" means complete and final payment of all compensation, salary or wages owed by the City to the member, including vacation, sick leave or other leave of absence during which the member is paid compensation, salary or wages.

(Code 1993, § 23.1-49; Code 2004, § 78-245)

(Code 1993, § 23.1-49; Code 2004, § 78-245)