§ 62-190. Application procedures.

(a)

Any member seeking benefits pursuant to any provision of this article shall make a written request for such benefits upon an application form which shall be supplied by the pensions secretary. Such form shall be filed with the pensions secretary and will be considered a formal request to the board of trustees for pension benefits.

(b)

Upon receipt of the request for pension, the pensions secretary shall:

(1)

In those cases where the applicant has applied for a service pension, place the request for benefits on the agenda of the next scheduled meeting of the board of trustees.

(2)

In those cases where the applicant has applied for pension benefits pursuant to section 62-197 (duty disability) or section 62-199 (nonduty disability), submit the complete application to the board for its review at its next scheduled meeting. A complete application for disability pension shall include a certificate signed by a medical doctor stating that the applicant has been personally examined by the doctor and found mentally or physically totally and permanently disabled in the further performance of the member's work duties in the employ of the city. The certificate shall be provided on a form to be supplied by the pensions secretary. All costs in completing the application, including medical fees, shall be paid by the applicant. Upon its review of the completed application, the board shall either approve the application, deny the application specifically stating the reasons therefor, or set up an appointment for the applicant with a doctor appointed and paid by the board of trustees. Upon receipt of the report from the board-appointed doctor, the board shall either approve the application or deny the application specifically stating the reasons therefor.

(3)

Give the applicant seven days' notice of such meeting by sending a letter to the applicant at the address listed on his application.

(c)

The board shall consider the request for pension benefits at the meeting and shall receive all materials they feel are relevant to the application. Within ten days after the meeting, the board of trustees shall do one of the following:

(1)

Grant the requested benefits.

(2)

Deny the benefits and inform the city attorney's office of the reasons for the denial. Within five days, the city attorney or one of his assistants shall then prepare a proposed order of denial specifically stating the reasons for the denial of such benefits.

(d)

The proposed order shall be sent to the pensions secretary, who will send a copy of such proposed order by certified mail to the applicant at the address listed on his application form.

(Code 1979, § 2-314.1.15)