A participant who incurs a total and permanent disability before attaining normal retirement age shall be entitled to a disability retirement benefit as of the disability retirement date.
A participant who shall be entitled to a disability retirement benefit under § 57-158 shall receive a benefit commencing on the participant's disability retirement date and paid monthly in an amount equal to 50% of the participant's final monthly average salary at date of disability. If the participant's disability retirement benefit is less than the normal retirement benefit the participant is eligible to receive, the normal retirement benefit shall be payable.
Payment of a disability retirement benefit shall be made monthly commencing on the participant's disability retirement date and ending on the earlier of the date of death of the participant, the date that the participant's total and permanent disability shall cease, or the date that the participant would attain normal retirement age if the participant had continued to accrue years of credited service to such date. (Such a participant shall thereafter receive a retirement benefit equal to the amount of the disability retirement benefit which will be deemed to be the normal retirement benefit.) If the participant's total and permanent disability shall cease prior to the attainment of the participant's normal retirement age, the participant shall be deemed to have terminated employment as of the disability retirement date for purposes of this plan unless the participant shall resume active employment within three months following the date on which such total and permanent disability ceased. A participant who fails to resume active employment after total and permanent disability ceases shall not be entitled to a distribution of accumulated contributions pursuant to § 57-174 to the extent that the total amount of disability retirement benefits paid exceeds the value of the participant's accumulated contributions as of the disability retirement date and shall not be entitled to any other benefits under the plan as a result of the accumulation of any years of credited service as of the disability retirement date.
The plan administrator shall determine whether a participant shall have incurred a total and permanent disability. If the plan administrator shall determine that a participant who is totally and permanently disabled has recovered sufficiently to resume active employment or if a participant refuses to undergo a medical examination as directed by the plan administrator (such a medical examination may not be required more frequently than once in any given twelve-month period), the payment of disability retirement benefits shall cease.
A participant who is receiving payment of disability retirement benefits under this plan must notify the plan administrator of any change in condition which may cause the participant's entitlement to receipt of such benefits to cease. If a participant fails to provide immediate notice to the plan administrator of any such change in status and thereby continues to receive payment of benefits hereunder to which the participant is not entitled, the plan administrator may take whatever action is necessary and permitted under applicable law to recover any amount of improper payments, including offsetting such amounts against any future payment of retirement or other benefits under the plan or legal action. The plan administrator may also recover the costs of any such action.