A participant who shall incur a total and permanent
disability shall be entitled to a disability retirement benefit as
of the month following the disability date.
A participant who shall be entitled to a disability retirement benefit under § 23-18 shall receive a benefit in an amount equal to the participant's accrued benefit as determined herein as of the disability date, reduced by any amounts payable to the participant under any workers compensation policies or laws; any disability insurance or plan provided by employer; and social security laws.
A.
Disability payments shall be made monthly as of the
first day of each month, commencing as of the first day of the month
coincident with or immediately following the participant's disability
date and continuing until the earliest of the death of the participant
or cessation of total and permanent disability.
B.
A participant who shall fail to return within three months to employment as an employee of the employer upon cessation of total and permanent disability prior to attainment of normal retirement age shall be deemed to have terminated employment as of the disability date, shall not be entitled to any distribution of accumulated contributions pursuant to § 23-21.6 to the extent that the total amount of disability payments exceeds the value of the participant's accumulated contributions as of the disability date and shall not be entitled to any other benefits under the plan on account of any aggregate service as of the disability date.
Disability benefits awarded because of total
and permanent disability shall be terminated:
A.
If the employer shall determine, on the basis of a
medical examination by a physician acceptable to the employer, that
the participant, prior to attainment of normal retirement age, has
sufficiently recovered to return to employment;
B.
If the participant refuses to undergo a medical examination
prior to attainment of normal retirement age, which may be ordered
by the employer or the plan administrator, provided that the participant
may not be required to undergo a medical examination more often than
once every 12 months; or
C.
If the participant is employed in any capacity as
a full-time or part-time police officer prior to attainment of normal
retirement age.
A participant who is receiving payment of disability
benefits under this plan must notify the plan administrator of any
change which may cause a cessation of entitlement to receipt of such
disability benefits hereunder, including but not limited to notice
of a change in the condition of the participant. If a participant
fails to provide immediate notice to the plan administrator of any
such change in status and continues to receive payment of disability
benefits hereunder to which the participant is not entitled, then
the plan may take whatever action may be necessary to recover any
amount of improperly paid amounts, including legal action or offsetting
such amounts against any future payments of retirement or death benefits
under the plan, including the costs of such actions.
