24-11-433. Police pension funds — Partial disability pensions.

24-11-433. Police pension funds — Partial disability pensions. (a)(1) If a member of a police department of a city of the first class with a population in excess of one hundred seventy thousand (170,000) persons as determined by the 1990 population totals as published by the United States Bureau of the Census becomes physically or mentally permanently partially disabled and this fact is certified by a physician named by the local board of trustees, the member of the police department shall be entitled to retire and receive a pension as provided in this section. (2) A member of the police department shall not be retired for disability for natural causes unless he or she has served at least five (5) years. (b)(1) The physician's certification shall state whether the disability is total or partial. (2) In the event such disability is partial, the physician shall state the extent of such partial disability, apportioned to the body as a whole, in percentage terms. (3)(A) If the disability injury or disease occurred while not actually performing work in gainful employment for the police department and the physician certifies that such disability is total, the monthly benefit shall be equal to the benefit paid to normal service retirants. (B) If the physician certifies that such disability is partial, the monthly benefits shall be equal to the benefit paid to normal service retirants multiplied by the percentage the member is disabled, as certified by the physician. (4)(A) If, however, a police officer is injured in the line of duty and the physician certifies that such disability is total, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member in the police department or shall be equal to the benefit paid to normal service retirants, whichever is greater. (B) If the physician certifies that such disability is partial, the monthly benefit shall be equal to sixty-five percent (65%) of the salary attached to the rank held by the member in the police department or shall be equal to the benefit paid to normal service retirants, whichever is greater, multiplied by the percentage the member is disabled, as certified by the physician. (c) The local board of trustees shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the police officer in addition to the required physician's examination. (d) The additional benefits provided in this section shall be effective for all qualifying applications first received by the local board of trustees on or after January 1, 1987. (e) For purposes of this section, “injured in the line of duty” means to have sustained a disabling injury or disease while the member of the police department is conducting official police department operations or training to become a police officer.