A participant who has completed at least 10 years of aggregate service, has attained 40 years of age, is an employee and shall incur a total and permanent disability shall be entitled to a disability retirement benefit as of the disability date.
[Amended 3-14-2000 by Ord. No. 1775]
A participant who shall be entitled to a disability retirement benefit under § 47-90 shall receive a benefit in the amount as calculated pursuant to § 47-80.
A. 
Disability payments shall be made monthly as of the first day of each month, commencing as of the participant's disability date and continuing until the earliest of the death of the participant or cessation of total and permanent disability. The initial benefit payment shall be in a prorated amount based upon the number of days from the actual retirement date to the first day of the month following the date of retirement.
B. 
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 normal retirement date shall be deemed to have terminated employment as of the disability date and shall not be entitled to any refund of accumulated contributions pursuant to § 47-95, unless the accumulated contributions exceed the total amount of disability benefits paid under the plan, then the participant shall be entitled to receive a refund in an amount equal to the accumulated contributions as of the disability date minus the total amount of disability benefits paid under the plan. In lieu of receiving a refund of accumulated contributions, such a participant may elect to receive vested benefits pursuant to § 47-99, which shall be reduced by any payments made under this article.
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 determination of eligibility to receive a federal social security disability benefit and the facts and circumstances causing such disability. If the plan administrator shall determine that a participant is no longer eligible for receipt of a disability retirement benefit under this plan, the payment of such 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.