A participant who shall incur a total and permanent
disability before attaining normal retirement age shall be entitled
to a disability retirement benefit as of the disability date.
A participant who retires due to a total and permanent disability, pursuant to §
33-26 of this chapter shall be eligible for a disability retirement benefit equal to 50% of the member's salary at the time the disability was incurred determined as of the disability date, provided that any member who receives benefits for the same injuries under social security disability shall have the participant's disability benefits offset or reduced by the amount of such benefits.
The plan administrator shall in its sole discretion
determine whether a participant shall have incurred a total and permanent
disability. The plan administrator shall rely on the report of a physician
acceptable to the plan administrator. If the plan administrator shall
determine that a participant who is totally and permanently disabled
has recovered sufficiently to resume active employment as a police
officer 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 which may cause a cessation of entitlement to receipt
of such benefits hereunder. If a participant fails to provide immediate
notice to the plan administrator of any such change in status and
continues to receive payment of benefits hereunder to which the participant
is not entitled, then the plan may take whatever action is necessary
to recover any amount of improperly paid amounts, including legal
action or offsetting such amounts against any future payments of retirement
or other benefits under the plan, including the costs of such actions.