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.