§ 32-107. Retirement for disability incurred in line of duty.

(a)

When a regular member of either the Pre-1967 Police Pension Fund of Danbury or of the 1967 Police Pension Fund of Danbury shall become permanently disabled so as to be unable to perform active service in the Police Department by reason of mental or physical disability resulting from injury received or exposure endured in the performance of such member's duty, such member may make application for retirement to the appropriate Board of Directors and the Board of Directors shall retire such employee on an annual pension, payable monthly, equal in amount to sixty-six and two-thirds (66 2/3 ) percent of pay, or in an amount computed in accordance with the provisions of section 32-106(b), whichever is greater; provided such member has been examined by two (2) physicians and such member has been found by these physicians to be unable to perform active service in the department.

(b)

When a regular member of the 1983 Police Pension Fund of Danbury shall become permanently disabled so as to be unable to perform active service in the Danbury Police Department by reason of mental or physical disability resulting from injury received or exposure endured in the performance of such member's duty, such member may make application for retirement to the Board of Directors of said fund and said Board of Directors shall retire such employee on an annual pension, payable monthly, equal in amount to fifty (50) percent of the compensation being paid to said member at the time of disablement or in an amount computed in accordance with the provisions of section 32-106(b), whichever is greater; provided such member has been examined by two (2) physicians and such member has been found by such physicians to be unable to perform active service in said department, and the member's disability is not the result of refusal to obtain reasonable medical treatment that would permit the member to return to duty; and provided further that:

(1)

Said benefits shall terminate after a period of two (2) years unless said member is then permanently and totally disabled so as to be unable to perform any suitable and comparable work; or

(2)

Said benefits shall terminate if the member refuses recall to work within five (5) years of the granting of the disability pension.

(c)

For a period of five (5) years following the granting of a disability retirement:

(1)

The board shall require a disability retiree to submit to an annual medical examination by an examiner, selected by the board, who is board certified in the specialty related to the retiree's disability. The board shall give the retiree a minimum of two (2) weeks' notice of the scheduled medical examination. If the retiree has relocated and the new residence is more than two hundred fifty (250) miles from Danbury, the board shall arrange to have the examination conducted at a location closer to the retiree's new residence or shall pay for the reasonable cost of transportation to the Danbury area for the examination.

(2)

If the medical examination reveals that the retiree's disability has abated to a sufficient degree that he may return to work, the retiree shall be recalled to an available position in the department.

(3)

The retiree who accepts recall shall be given years of credited service for time spent on disability pension provided he shall make contributions for those years within the same number of years as the period of disability. If the retiree refuses to return to work, the board shall terminate his disability pension and the retiree may apply for a non-disability pension based on years of service prior to the period of the disability pension.

(d)

Whether medical treatment is "reasonable" shall be determined in accordance with the standards applied in workers' compensation cases. In the event of a dispute, the determination of whether the member is refusing "reasonable medical treatment" shall be made by an arbitrator who has experience in cases involving medical or disability issues. The arbitrator shall be selected by mutual agreement of the Danbury Police Union and the Mayor or his designee if the member/retiree is/was represented by the Union, or by mutual agreement of the member/retiree and the Mayor or his designee if not represented by the Union.

(e)

In no event shall workers' compensation when combined with the pension benefits provided for herein exceed one hundred (100) percent of the compensation being paid to the member at the time of disablement.

(f)

This amended subsection (b) of this section is effective and applicable to all applications for service connected disability pensions on and after April 1, 2007. Prior to the effective date of the ordinance from which the provisions of this section is derived, the provisions in effect prior to the amendment shall apply.

(Code 1961, § 14-55; Ord. No. 432, 1-7-1992; Ord. No. 663, 5-1-2007)