[Ord. No. 1014, 6/8/2020]
1. Disability Retirement Benefit. In the case of a total and permanent
service connected disability of any member of the police force who
has been employed as a full-time police officer of the Borough of
Bridgeville who thereafter becomes totally and permanently disabled,
such member may apply to Council for total and permanent disability
pension benefits; provided, however, such disability shall not include
injuries which are willfully self-inflicted or are due to alcoholism
or addiction to narcotics or injuries sustained in the perpetration
of any felonious criminal activity. The pension shall be 75% of the
normal retirement benefit where the accrued benefit percentage shall
be assumed to be one.
2. Disability Retirement Benefit After April 17, 2002. Notwithstanding the above provisions of Subsection
1 hereof, for disabilities incurred after April 17, 2002, the disability benefit payable to a participant who meets the requirements of § 621 of the plan is an immediate monthly benefit calculated at the greater of Subsection
1 above; or, 50% of the member's salary at the time the disability was incurred provided that any member who receives benefits for the same injuries under the Social Security Act (42 U.S.C. §§ 301 et. seq.) shall have the 50% disability benefit offset or reduced by the amount of such benefits. Notwithstanding anything to the contrary in this plan, anyone receiving benefits under this subsection of § 621 shall receive no other disability benefits under this plan.
[Ord. No. 1014, 6/8/2020]
The disability benefit described above shall be terminated:
1. If the Borough shall determine, on the basis of a medical examination
by a physician acceptable to the Borough that the member, prior to
his normal retirement date, has sufficiently recovered to return to
employment as a police officer for the Borough.
2. If the member refuses to undergo a medical examination, which may
be ordered by the Borough or the Administrator; provided that the
member may not be required to undergo a medical examination more often
than once every 12 months;
3. If the member is employed in any capacity as a full-time or part-time
police officer after qualifying for the disability benefit;
4. If the disabled member recovers from his disability and does not
return to service under the plan within one year of cessation of disability
prior to attainment of normal retirement date and he and his spouse/beneficiary
forfeit all rights in the plan.
5. From time to time, the Borough shall adopt uniform provisions for
disabled members who recover from disability and return to service.
[Ord. No. 1014, 6/8/2020]
A member who is receiving benefits from the plan on account
of disability shall be required to notify the Administrator of any
change which may cause a cessation of entitlement to receipt of such
benefits. To the extent a member fails to provide immediate notice
to the Administrator of any such change in status and who continues
to receive benefits to which he is not entitled from the plan on account
of disability, the Administrator may take any action necessary to
recover any amount improperly paid, including legal action or the
offsetting of such amounts against future payments on account of retirement
or death under the plan, including the costs of such actions.