A participant who shall incur a total and permanent disability
after completion of at least 10 years of credited service shall be
entitled to a disability retirement benefit.
A participant who shall be entitled to a disability retirement benefit under § 46-24 hereof shall receive a benefit paid monthly in an amount equal to the amount determined under § 46-13 as if the participant retired upon attainment of normal retirement age, with years of credited service determined as if the participant remained in employment until such time, and final monthly average compensation is the amount determined as of the date of disablement.
A.
Disability payments shall be made monthly as of the first day of each month, commencing as of the first day of the month coincident with or immediately following the date that the participant incurs a total and permanent disability or the date the participant ceases employment due to a total and permanent disability, if later. Disability payments shall continue until the earliest of the death of the participant, cessation of total and permanent disability or attainment of normal retirement age. (Such a participant who attains normal retirement age shall thereafter receive a normal retirement benefit pursuant to § 46-13.)
B.
A participant who shall fail to return within three months to employment as an employee of the employer upon cessation of total and permanent disability prior to attainment of normal retirement age shall be deemed to have terminated employment as of the date of disablement, shall not be entitled to any distribution of accumulated contributions pursuant to § 46-30 to the extent that the total amount of disability payments exceeds the value of the participant's accumulated contributions as of the date of disablement and shall not be entitled to any other benefits under the plan on account of any aggregate service as of the date of disablement.
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 reasonable evidence of disability
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 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.
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.
