For all employees, the normal retirement date shall be the 62nd
birthday of said employee. Effective July 1, 1990, the normal retirement
date shall be the earlier of the 62nd birthday of said employee or
the date, on or after the employee's 58th birthday, on which the sum
of said employee's age and credited service equals 85. Effective July
1, 1995, the normal retirement date shall be the earlier of the 62nd
birthday of said employee or the date on which the sum of said employee's
age and credited service equals 85. Effective July 1, 2000, the normal
retirement date shall be the earlier of the 62nd birthday of said
employee or the date on which the sum of the employee's age and credited
service equals 80.
Any employee with five or more years of credited service whose employment with the Library is terminated when or after he reaches the age of 55 but prior to attainment of the normal retirement date shall be eligible, at his option, for either a deferred or immediate early retirement benefit as provided in Article XXIX, § 51-86 or § 51-87, hereof.
An employee with five or more years of credited service whose employment with the Library is terminated for any reason after the effective date and prior to the attainment of age 55 and who elects to leave his own contributions in the plan shall be entitled to a deferred retirement benefit payable according to the provisions of Article XXIX, § 51-86, hereof. An employee with less than five years of credited service whose employment with the Library is terminated (excluding terminations caused by the death of the employee) shall be entitled to the return of his own contributions to the plan together with compound interest at the rate of 5% per annum.
A.
An employee with 10 or more years of credited service whose employment with the Library is terminated as a result of unavoidable total and permanent disability so as to permanently prevent such employee from engaging in any occupation for remuneration or profit, notwithstanding the fact that such employee may not have attained the normal retirement date, shall be eligible for a normal retirement benefit as provided in Article XXIX hereof, said normal retirement benefit to commence not earlier than six months following the date of disability.
(1)
A covered employee shall be deemed to be within the scope of total
and permanent disability only if he is found by the Board to have
been totally disabled by bodily injury or disease so as to be prevented
from engaging in any regular occupation or employment for remuneration
or profit. Such employee shall be retired for disability only if the
Board shall determine that he will be so totally and permanently disabled
during the remainder of his life on the basis of an opinion certified
by a qualified physician designated by the Board.
(2)
The disability shall be deemed to have resulted from an unavoidable
cause unless incurred while the covered employee was engaged in a
criminal enterprise or because of habitual drunkenness, addiction
to narcotics or intentionally self-inflicted injury.
B.
Once each year, the Board shall have the right to require any disability
pensioner who has not reached the normal retirement date to undergo
a medical examination by a physician designated by the Board. Should
any such pensioner refuse to submit to such medical examination, his
disability pension shall be discontinued until his withdrawal of such
refusal; and should his refusal continue for a year, all pension rights
shall terminate. If the Board finds from such medical examination
or otherwise that the incapacity of a disability pensioner has been
removed and that he has regained his earning capacity in whole or
in part, his disability pension shall terminate, provided that the
Library at that time offers him employment.
C.
In the case of service-connected disability, as defined below, an employee, regardless of years of service, whose employment with the Library is terminated as a result of unavoidable total and permanent disability shall be eligible for an amount equal to the benefits provided in Subsection A above or 25% of the employee's basic compensation at the time of disability, whichever is higher, less any payments of workers' compensation received by law.
