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DIVISION 3.  POLICE AND FIREFIGHTERS RETIREMENT SYSTEM

 

Sec. 20-134. Disability procedures.

(a)     Medical board. The Board shall designate a medical board to be composed of three (3) physicians who shall arrange for and pass upon all medical examinations required under the provisions of this division, shall investigate all essential statements or certificates made by or on behalf of a Member in connection with an application for disability or retirement and shall report in writing to the Board its conclusions and recommendations upon all matters referred to it. The payment for such services shall be determined by the Board.

(b)     Determination and review of disability. The status of each service and nonservice incurred disability shall be determined initially and reviewed periodically pursuant to uniform procedures established by the Board; the Board shall take into full consideration the report of the medical board as regards all disability cases.

(c)     Exclusions for disability and death. No Member shall be granted a disability benefit, pursuant to section 20-129(c)(1), 20-129(c)(2) or 20-129(c)(5), nor shall any pre-retirement death benefits pursuant to section 20-129(d)(1.1) or 20-129(d)(2.1) be payable on behalf of any Member, upon a showing to the satisfaction of the Board of the following:

(1)     That disability or death resulted from an intentionally self-inflected injury within the first two (2) years of employment. The exclusion set forth herein shall nevertheless apply if disability or death occurs beyond such two-year period as the result of an injury that was intentionally self-inflicted within the first two (2) years of employment;

(2)     That alcoholic beverages, narcotics or drugs were the cause of disability or death, and disability or death occurred as a direct result of the habitual intentional ingestion of alcoholic beverages, narcotics or drugs without an intervening or contributing cause;

(3)     That disability or death resulted from unlawful participation or unlawful involvement in riots, insurrection or assembly;

(4)     That disability or death resulted from participation or involvement in the commission of a felony as defined by the laws of the State of Florida or the United States of America; or

(5)     That disability or death resulted from, or is an aggravation or recurrence of, a preexisting condition.

The provisions of this subsection shall apply to both service and nonservice incurred death or disability.

(d)     Recovery from disability. The status of each service and nonservice incurred disability under sections 20-129(c)(1), 20-129(c)(2) or 20-129(c)(5) shall be determined initially and reviewed periodically, as determined by the Board, pursuant to uniform procedures established by the Board. In the event a Member who has retired on a pension on account of permanent incapacity regains his full health and is shown to be physically able to perform his duties in the police department or fire department in the case of service connected disability, and/or any other employment in the case of nonservice connected disability, the Board shall require the said Member to resume his position in the respective department and discontinue the pension.

(Code 1953, § 31-20; Ord. No. C-72-94, § 3, 12-5-72; Ord. No. C-73-3, § 12, 1-2-73; Ord. No. C-76-26, § 2, 7-20-76; Ord. No. C-76-98, § 2, 10-19-76; Ord. No. C-77-60, § 1, 6-21-77; Ord. No. C-77-135, § 1, 9-20-77; Ord. No. C-80-18, § 3, 3-4-80; Ord. No. C-81-117, § 4, 3-2-82; Ord. No. C-00-34, § 1, 7-18-00)

 
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