§ 3.85.090. Permanent occupational disability—Plans I and II.

A.

A member who suffers an occupational disability as defined in this chapter shall be eligible for an occupational disability retirement. An occupational disability must be one which is caused by an injury received while performing official duties for the Municipality of Anchorage, including injuries received in the course of and as a direct result of actual training which has been previously approved by the municipality either by labor agreement or as authorized by municipal administration. A disability shall be presumed to be occupational if it arises from tuberculosis, hypertension, heart disease, hardening of the arteries or any other disorder of the heart, lungs, or cardiovascular/respiratory system. The presumption is not rebuttable for members of Plans I and II. This presumption is available without limitation to members of Plan I, but is not available after the seventh anniversary of a retirement for a member of Plan II.

B.

A member whose application for occupational disability benefits is approved by the disability committee shall receive a monthly benefit calculated as 66 2/3 percent of the member's gross monthly compensation at the time of disability. This benefit shall be payable for life or until such time as the retired member is capable of resuming the assigned, essential functions for the police or fire department of the municipality, or any other police or fire department, performing substantially similar physical or mental duties depending on the nature of the disability. Substantially similar mental duties shall include but not be limited to the intellectual or mental processes performed by a police officer or firefighter as determined by the respective department. Substantially similar physical duties shall include but not be limited to the same type of physical duties and functions as may be outlined by the department. The general language of this section shall not, however, define the category of duties which may be assigned to a firefighter or police officer.

C.

The disability committee shall have the power to employ such physicians or other medical experts as it deems necessary to examine an applicant for disability retirement. Applicants shall submit to such examinations. A member shall also submit to a reasonable course of medical treatment reasonably calculated by the disability committee to reduce or cure a disability for which a member has claimed benefits. Failure of a member to so act shall be grounds for the disability committee to deny or discontinue benefits, in whole or in part, based on the likely effect such treatment would have had on the claimed disability. The failure of a member to comply with a required medical examination shall be grounds for the disability committee to deny an application for benefits, or in the case of re-examination of a disability retiree it shall be grounds to suspend further payment of benefits.

D.

No insurance benefit nor any other source of compensation shall have any bearing on the payment of occupational disability benefits to permanently disabled members.

E.

The board of trustees, may by uniform rule, provide an election for members applying for disability to utilize a rebuttable presumption for the purpose of enabling members to seek occupational disability retirement without regard to the member's age, years of service or contributions and in such a manner as would qualify for favorable tax treatment under the Internal Revenue Code.

(AO No. 2000-65, § 3, 4-18-00; AO No. 2002-54, § 9, 3-19-02)