Disability Retirement


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Departments > Retirement System > Disability Retirement

DISABILITY RETIREMENT

WHO IS ELIGIBLE?

Any member in service who has 5 years or more of creditable service may be retired for disability upon application of such member to the board and upon recommendation of the head of the division in which the member is employed, provided he meets requirements specified in the governing law.

WHAT ARE THE REQUIREMENTS?

The Medical Board after medical examination of such member shall certify that he is mentally or physically incapacitated for the further performance of duty; that such incapacity is likely to be permanent; and that the member should be retired for physical or mental disability.

The disability did not result from service in the armed forces of the United States, chronic alcoholism, addiction to narcotics, intentionally self-inflicted injuries, or injuries received while committing a felony.

Except for temporary and/or partial disability workers' compensation benefits, medical payments and educational or training benefits, he is not receiving and has not received any payments for such disability from the City of Montgomery under workers' compensation or any other type of employer-provided payment for disability payable from the participating employer's general or self-insured funds: provided, however, that in the event such employee is entitled to any other such benefits from the City or any of its boards he may elect by filing with the Board up to the time of the commencement of such benefits, his choice of the two benefits. In the event he chooses not to accept benefits under the system he shall withdraw his accumulated contributions in a lump sum.

WHAT HAPPENS IF I FAIL TO MEET THE REQUIREMENTS?

Should a member with 5 or more years of creditable service become disabled under circumstances which fail to meet the requirements stated above, he may elect, in lieu of a return of his accumulated contributions, to receive a deferred retirement allowance commencing at such time as he would be eligible to receive a service retirement allowance.

HOW IS MY DISABILITY RETIREMENT CALCULATED?

The disability retirement allowance shall be computed as a service retirement allowance on the basis of his average final compensation and creditable service at disability.

IS MY DISABILITY RETIREMENT SUBJECT TO REVIEW BY THE BOARD?

The Board may at any time and as often as it sees fit, but not more than once in each 12 month period, require anyone receiving a disability retirement allowance to undergo a medical examination if he has not yet attained his minimum service retirement age. Should the retiree refuse to submit to such a medical examination his retirement allowance may be discontinued by the Board until his withdrawal of such refusal. Should his refusal continue for over one year, all his rights in and to that portion of his retirement allowance which is provided by the contributions of the City may be revoked by the Board.