§ 16-59. Disability.

Disability: A physical or mental condition which totally and presumably permanently prevents a participant from engaging in any substantially gainful employment and which entitles the participant to receipt of a Social Security Disability Insurance Benefit under the Social Security Act; provided, however, if a participant is not covered by Social Security, either through the employer or through any other employer, the pension board shall determine the participant's disability in accordance with the provisions of the following:

(1)

Whenever such a participant not covered by Social Security files an application for a disability retirement pension with the pension board, the participant shall submit therewith a signed certificate from a licensed practicing physician of Georgia certifying to the disability of such participant. Promptly thereafter the pension board shall order the participant to be examined by a physician to be named by the board who likewise shall certify the physical ability or disability of the participant. The pension board shall pay for the fees and expenses of such physician. In the event the certificates of the respective physicians generally agree upon disability, such facts shall be conclusive as to the physical condition of the participant and the pension board shall grant a disability retirement pension in accordance with Section 4.4 of the Plan Document for the City of Cartersville Pension Plan. In the event the certificates of the aforesaid physicians disagree as to whether the participant is disabled, then under these circumstances that question shall be submitted to a third physician selected by the pension board. The medical opinion of the third physician, after examination of the participant and consultation with the other two (2) physicians, shall decide such question. The participant and the pension board shall share the fees and expenses of the third physician equally.

(2)

Notwithstanding any other provision of this section, no participant shall qualify for a disability retirement pension if the pension board determines that the participant's disability results from (i) self-addiction to alcohol or narcotics, (ii) an injury suffered while engaged in a felonious or criminal act or enterprise or (iii) service in the Armed Forces of the United States which entitles the participant to a veteran's disability pension; but this provision shall not prevent the participant from qualifying for a pension under another provision of the plan.

(3)

The pension board may adopt such rules as it deems necessary to administer the provisions of this section and such rules shall be applied uniformly and consistently to all participants in similar circumstances.

(Ord. No. 11-04, 2-19-04)