§ A8.902

EFFECT OF DISABILITY ON CONTINUED PARTICIPATION

a.

If, after a member becomes a participant in the DROP, the member shall become incapacitated for the performance of duty by reason of any bodily injury received in or illness caused by the performance of duty, said member will be eligible to apply for a retirement for incapacity and be subject to the same eligibility requirements provided elsewhere in this Charter as though the participant was not enrolled in the DROP. If a member receives a retirement for this duty related incapacity, said retirement shall be in lieu of the benefits provided in accordance with these DROP provisions, and the participant shall be paid an industrial disability retirement benefit as if the participant had never entered the DROP.

b.

If, after a member becomes a participant in the DROP, the member shall become incapacitated for the performance of duty by reason of any bodily injury received or illness not related to the performance of duty, said member will be eligible to apply to terminate participation in DROP in accordance with Section A8.906. The participant will be paid the balance credited in their DROP Account, and will begin to receive a monthly payment as determined under Section A8.903, including any cost of living adjustments to which the member would otherwise be entitled.

c.

In the event a member shall become temporarily incapacitated for the performance of duty while participating in the DROP, the member is entitled to disability benefits only as provided for in this Charter. The member is thus no longer a “full duty sworn officer,” as defined in Section A8.901(c), and therefore the member’s service retirement payments will be suspended for the period during which disability benefits are received. The member’s DROP enrollment shall be extended for the period during which disability benefits were received, provided that this extension may not exceed one-half of the permitted maximum participation period for the rank occupied by the member at the time of enrollment in the DROP.

d.

In the event a member who is participating in the DROP applies for a retirement for incapacity, and the application remains unresolved at the conclusion of their DROP participation period, that member must leave the DROP when their participation period concludes, but they shall be permitted to continue on disability status with the Department until such time as their application is finally determined. In no event, however, shall any such member receive the distribution of their DROP Account until their disability retirement status is finally determined.

History

(Added by Proposition B, Approved 2/5/2008)

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