§ 16-60. Disability retirement.

(a)

Disability retirement: A participant shall be eligible for a disability retirement pension if their employment is terminated prior to their normal retirement date by reason of disability after they are vested in the pension plan. Payment of a disability retirement pension shall commence as of the first day of the month following the date the participant terminates employment due to disability, as long as the following conditions are met.

(1)

Employee's medical condition occurred or became symptomatic during the time they were employed in an employee/employer relationship with the employer (City of Cartersville);

(2)

Employee was totally and permanently disabled at the time they terminated employment; and

(3)

Employee has not been employed with any other employer after such termination.

(b)

The pension board shall have the right at intervals of not less than one (1) year, prior to a participant's normal retirement date, to require proof of continuing disability, such as to require the participant to submit proof of receipt of Social Security Disability Benefits or, in absence of that, to require an examination of any participant receiving a disability retirement pension; provided, however, for purposes of this section, a participant's normal retirement date shall be no earlier than their sixty-fifth (65 ^th ) birthday with ten (10) years of vesting service; or fifty-fifth (55 ^th ) birthday with twenty-five (25) years of vesting service; or fiftieth (50 ^th ) birthday with twenty (20) years of vesting service for police and fire personnel. In the event such participant is found not to be suffering from a disability, the pension board shall, after hearing evidence thereon and giving the participant opportunity to be heard, discontinue such participant's disability retirement pension. In the event such participant receiving a disability retirement pension refuses to submit to a physical examination after thirty (30) days notice to report for such examination or to supply proof, of continuing disability, the pension board shall discontinue payments of the disability retirement pension until the participant submits to such examination or supplies such proof, and the participant shall be deemed to have forfeited their pension during the time of refusal. Following certification that a participant's disability has ceased, in accordance with the foregoing provisions of the preceding paragraph, the following rules shall apply:

(1)

Such participant shall not be prevented from qualifying for a pension under another provision of the plan based only upon their vesting service, benefit accrual service and compensation prior to their disability retirement; and

(2)

Any such participant shall not receive vested service or benefit accrual service for their period of disability and any pension payments received during their disability period shall be disregarded.

(c)

Workers' compensation benefits: Further notwithstanding any other provisions of the Cartersville Pension Plan, if at the time of retirement a participant is receiving payments under the provisions of the Georgia Workers' Compensation Law which are being paid at the expense of the city, the amount of pension payable under the plan shall be reduced by the amount being received as workers' compensation. This reduction shall continue as long as the retired participant is receiving workers' compensation, and upon discontinuance of workers' compensation payments, the offset shall be eliminated and the retired participant shall be entitled to receive sums as calculated under the terms of the pension plan. No such reduction shall operate to reduce the sums payable under the provisions of the Cartersville Pension Plan below two hundred dollars ($200.00) per month.

(d)

The cost of providing a disability retirement option shall be paid by the city, in lieu of providing long-term disability insurance coverage for employees vested in the pension plan.

(e)

Effective on September 1, 2003, all City of Cartersville personnel that are vested in the Cartersville Pension Plan have the option to apply for disability retirement if they meet the above guidelines.

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