§ 62-141. Disability benefits for employees participating in the defined contribution retirement plan.

(a)

The city shall purchase an insurance policy or provide a self-insurance program for disability benefits for employees in the defined contribution retirement plan as provided in this division.

(b)

Each employee of the city participating in the city's defined contribution retirement plan shall be entitled to disability benefits under this section if, while an employee, as defined in section 62-132, he becomes totally and permanently unable to carry out the requirements of his position in city employment or service. If the city determines to provide the disability benefits under this section under one or more insurance policies, then the insurer under the applicable policy shall make the determination as to whether an employee is so totally and permanently disabled. If the city determines to provide disability benefits under this section under a self-insurance program, then the city's risk manager shall make the determination as to whether an employee is so totally and permanently disabled. The disability benefit payable under this section shall be a monthly benefit equal to 60 percent of the employee's monthly earnings, as defined in section 62-132, at the time the employee suffered the total and permanent disability, provided that such benefit shall not exceed $5,000.00 per month. The disability benefit as so determined shall be reduced by the following:

(1)

Salary continuance, if any, the disabled employee may receive;

(2)

Payments made to the disabled employee under the worker's compensation law, to the extent the worker's compensation and disability benefits otherwise would exceed the disabled employee's monthly earnings; and

(3)

Payments, if any, made to an employee from a city sponsored defined benefit retirement system.

Payment of the disability benefits under this section shall commence two months after the employee's employment with the city terminates by reason of the employee's total and permanent disability and shall end with the payment due on or immediately preceding the earliest of the date on which the disabled employee reaches age 65, the date of the disabled employee's death and the date on which the disabled employee ceases to be so totally and permanently disabled.

(c)

Notwithstanding the foregoing, employees who are participants in the defined benefit retirement system, codified at section 62-176 et seq., shall not be eligible for any disability benefits under this section.

(Ord. No. 4306-10, § 1, 2-22-2011)