HomeMy WebLinkAbout16 Duty Disability Policy TAB 16
DUTY DISABILITY
POLICY
December 16 , 2003
1,2 -
POLICE AND FIRE
DUTY DISABILITY POLICY
POLICY 1: A member, who the Board determines is eligible for duty disability under the
Ordinance, is considered retired. Therefore, the member's spouse at the time of
disability retirement is the spouse of record for all future benefits, including when
the retirement is converted to regular age and service retirement. This includes
selection of retirement spousal benefit options.
POI-,ICY 2: If a member is married at the time of commencement of his or her duty disability
pension and is, therefore, considered retired but has failed-to select a retirement
option under Ordinance 294.02(1), it is conclusively considered established that
the retiree has selected Ordinance 294.02(k)(3)(A) Option 1, 50% to his or her
surviving spouse. The�retiree's spouse when the duty disability starts is forever
his or her beneficiary for retirement benefits.
POLICY 3: If a retiree remarries after his or her initial duty disability retirement, the spouse
for retirement benefits, and for the joint life retirement calculation, always
remains the person who was the retiree's spouse at the time of the retiree's first
duty disability retirement. This remains true regardless of whether the spouse at
l the time of duty disability died or was divorced by the retiree.
POLICY 4: If a retiree is not married when he or she commences duty disability retirement
and marries thereafter,the spouse is not, and cannot become, eligible for spousal
retirement benefits, even if the marriage is before the retiree's regular age and
service recalculation.
AUTHORITY:
Ordinance 294.02(1)
EXAMPLES:
Example#1, You are 35 ,years old and have been approved for a duty disability
pension. You are considered retired under the ordinance, If married, your spouse
is your beneficiary of record, If you divorce while receiving a pension, you cannot
change your beneficiary for survivor benefits, You will receive a recalculation of
your pension under a duty disability when you have met the eligible fora regular
age and service pension had you not become disabled under the ordinance.
1-Iowever, you have been and remain retired and your beneficiary designation
cannot be changed at the time of the recalculation.
Ex, i plc #2. You titre 35 years old and have been approved for a duty disability
pension, )`Ou are considered retired under the ordinance. YOU are not rrrarried at
the- tillle of this approval. If you man after COrnnlerlCelllent Of your duly
dl5irl?rlJts' i'etrrGlTlent, you cannot name yonlr spouse as your bcnefrcial'y for an.y
sur'dlvf.ir benefits,
Example#3. You are 28 years old when you are approved for a police or fire duty
disability pension, You are not married at the time of approval, Subsequently,
you recover from your disability and the Medical Director reports that you are
physically able and capable of resuming your employment as a police officer/
firefighter, and you do so, You are 30 years old when you return to work, You
are no longer retired. At age 32 you many. Your spouse is entitled to be your
beneficiary for retirement benefits,
� 1
s