§ 31-58. Occupational and nonoccupational partial disability benefits.

(a)

VRS participants are ineligible for the benefits provided by this section. All other members shall be referred to as "eligible members" in this section.

(b)

As a result of medical examination or otherwise, if the board determines that an eligible member who has applied for disability retirement under section 31-56 or section 31-57 is not totally and permanently disabled within the meaning of those sections, but determines that the such eligible member is partially disabled to the extent that the eligible member is functionally incapacitated from performing the essential functions of the eligible member's position with the participating employer, and as a result of such partial disability, terminates employment with the participating employer or transfers to a position with the participating employer at a lower salary, the eligible member may be awarded a partial disability benefit. Such benefit shall not be deemed to be a retirement allowance. Benefits hereunder shall continue only so long as such incapacity continues based on evidence acceptable to the board.

(c)

Based on available medical and other relevant evidence, the board shall determine on a uniform and non-discriminatory basis with respect to similarly situated eligible members the extent of the partial disability. The partial disability benefit shall be a percentage of the allowance that would have been payable had the eligible member qualified for disability retirement under section 31-56 or section 31-57, after deducting from the allowance workers' compensation benefits awarded to the eligible member in the same amount and in the same manner as required by subsection 31-56(c)(1), such percentage being the percentage by which the eligible member is deemed partially disabled. Except as otherwise provided in this section, once the initial disability percentage has been established, it shall not be increased.

(d)

Additional benefits shall be granted by the board by increasing the initial disability percentage at the rate of two (2) percent per full year of credited service. The total percentage awarded pursuant to this section shall not exceed the lesser of two (2) times the initial disability percentage recommendation or eighty (80) percent.

(e)

Except as provided in subsection (f) or (g) of this section, disability benefit payments shall begin accruing on the effective date of disability and shall be payable monthly on the last working day of each month so long as the eligible member's partial disability continues, as determined by the board on evidence acceptable to it.

(f)

In the case of a vested eligible member receiving a partial disability benefit who is not employed by the participating employer, the partial disability benefit will terminate when the eligible member attains the minimum age of retirement and the eligible member's benefit will convert to a service retirement.

(g)

In the case of an eligible member who is not vested and is receiving a partial occupational disability benefit, the partial occupational disability benefit will terminate when the eligible member attains the minimum age of retirement.

(h)

Notwithstanding receipt of benefits pursuant to this section, partially disabled eligible members who work for a participating employer during their period of disability shall accrue benefits under this chapter.

(i)

An eligible member applying for or receiving benefits under this section shall be governed by the rules and regulations promulgated by the board in accordance with section 31-22 and section 31-59.

(Ord. No. 2990-82; Ord. No. 4706-95; Ord. No. 5076-97; Ord. No. 6434-07, § 1; Ord. No. 6630-09, § 1)

(Ord. No. 2990-82; Ord. No. 4706-95; Ord. No. 5076-97; Ord. No. 6434-07, § 1; Ord. No. 6630-09, § 1)