[1]
Editor's Note: For related provisions, see Ch. 103, Personnel Polices.
Pursuant to the provisions of N.J.S.A. 40A:14-27 and N.J.S.A. 40A:14-154, as amended and supplemented, the Council may, in its discretion, provide by ordinance, as hereinafter in this article set forth, for the award of damages to any policeman or fireman permanently disabled through injuries received in the performance of his duties.
[Amended 7-25-1985 by Ord. No. MC-2129]
Any award, as aforesaid, may be considered by the Council only upon the recommendation of the Business Administrator and upon the certification of a physician appointed by the Council as to the probable permanency of such disability.
Any pension awarded pursuant to this article shall be an annual allowance, payable in regular semimonthly installments, in such amount as may be determined by the Council; provided, however, that in no case shall any pension be awarded or paid, in any year, which, together with any other pension received by the disabled policeman or fireman and any award of workmen's compensation, shall exceed the amount paid for any such person when employed in the municipal service.
[Amended 7-25-1985 by Ord. No. MC-2129]
In order to determine the continuance of such disability, a policeman or fireman awarded an annual allowance under this article shall present himself to the Police and Fire Surgeon for a monthly physical examination. The Police and Fire Surgeon shall file monthly with the Business Administrator a certificate as to the probable permanency of such disability of policemen and firemen receiving such awards.
[Amended 7-25-1985 by Ord. No. MC-2129; 4-9-1987 by Ord. No. MC-2289]
In the event that, after any examination by the Police and Fire Surgeon under § 7-105, the Police and Fire Surgeon shall find that such disability no longer continues to exist, he shall file a certificate with the Business Administrator certifying that such disability no longer continues to exist, and payments under this article to such policemen or firemen shall cease as of the date of the filing of said certificate.
Notwithstanding any of the provisions of this article, any pension payable in accordance with this article shall be payable only during such periods when the disabled policeman or fireman shall, by reason of his disability, be unable to be gainfully employed. If such person becomes gainfully employed, the payment of such pension shall be suspended during the period of such employment.[1]
[1]
Editor's Note: Former Art. XXI, Benefits for Voluntary Severance by Classified Employees, which previously followed this section, was repealed 7-11-1991 by Ord. No. MC-2670.