A participant who has completed at least 15
years of credited service and who incurs a total and permanent disability
before attaining age 55 shall be entitled to a disability retirement
benefit determined as of the disability retirement date.
A participant who shall be entitled to a disability retirement benefit under § 57-19 shall receive a benefit commencing on the first day of the month following disablement after the participant's disability retirement date and paid monthly. The amount of the disability retirement benefit shall be equal to the participant's normal retirement benefit as of the disability date.
Payment of a disability retirement benefit shall be made monthly commencing on the first day of the month following after 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 normal retirement benefit as described in § 57-14 hereof.) 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 § 57-34 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.
Proof of total and permanent disability shall
consist of the sworn statement of three physicians designated by the
plan administrator that the participant has 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.
