§ 3.85.100. Permanent occupational disability—Plan III.

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 rebuttable for a member of Plan III. The presumption is not available for a Plan III member after the termination of employment.

B.

A member whose application for occupational disability benefits is approved by the disability committee shall receive a monthly benefit calculated as 50 percent of the member's final average compensation at the time of disability. If such member has one or more dependent children, the member shall be eligible for the children's benefit. This benefit shall be an additional sum not to exceed ten percent of the member's final average compensation and should be paid to the disabled member or to the legal guardian of the member's dependent children who were born before or after the date of disability. The benefit shall continue for each child until he or she reaches the age of 18. In the case of a disabled child, the benefit shall continue until the child ceases to be disabled as determined by the Social Security Administration. If a member has a single child, the benefit shall be equal to five percent of compensation. If the member has two or more children, the benefit shall be equal to ten percent of average final compensation.

C.

Occupational disability benefits shall be paid only to the extent that when combined with benefits and other wage continuation payments attributable to the municipality, the sum does not exceed 100 percent of final average biweekly compensation at the time of disability. In the event that the sum of such benefits exceed 100 percent of final average biweekly compensation at the time of disability, the benefits payable from this system shall be reduced to the extent that the total benefits attributable to the municipality exceeds 100 percent of final average biweekly compensation.

D.

The occupational disability benefit shall continue for life or until such time as the member has both recovered from the disability for which benefits are paid and is physically and mentally capable of performing duties for the Municipality, or for any other police or fire department, substantially similar to those performed at time of retirement. To be capable of performing substantially similar physical or mental duties does not require the actual performance of such duties, nor does it require the availability of a job which includes performance of such duties. 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.

E.

The method of applications, the conduct of disability hearings, the appointment of medical examiners and the obligations of members to cooperate with the medical examination process shall be conducted in the same manner as set forth in this chapter.

F.

The effect of insurance or other compensation on benefits provided in this section shall be governed by the same limitations as set forth in this chapter.

(AO No. 2000-65, § 3, 4-18-00; AO No. 2002-54, § 11, 3-19-02)