§ 40-251. Right to Disability Benefits.

(a)

Service-Connected. A service-connected disability benefit shall be payable if a Participant:

(1)

has suffered a service-connected injury, illness, disease, or disability which wholly presents the Participant, either mentally or physically, from rendering useful and efficient service as a police officer and is likely to remain so disabled continuously and permanently, and

(2)

has filed a claim for disability benefits, and

(3)

has not reached normal retirement age.

(b)

Presumption. Any permanent disability, as described in section (a)(1), above, which is the result of or caused by tuberculosis, hypertension, heart disease or hardening of the arteries shall be presumed to have been incurred in the line of duty so as to be service-connected unless a physical examination of the Participant conducted upon initial hiring by the City revealed that such condition existed at that time.

(c)

Non-Service-Connected. A non-service connected disability benefit shall be payable if a Participant has ten (10) or more vesting credits and is wholly prevented from rendering useful and efficient service as a police officer, has not reached normal retirement age, and has filed a claim for disability benefits.

(Ord. No. 90-33, Ch. II, § 7-1, 5-21-91)