Disability.

Memphis Code of Ordinances § 4-32-8

in effect

Sec. 4-32-8. - Disability. A. Ordinary disability retirement; conditions. 1. Any participant who has had five or more years of credited service may be retired for ordinary disability if such employee shall be found by the board of administration, upon examination, to be mentally or physically incapacitated so as to be wholly unable to properly perform his or her duties as a member of his or her department in library service and is not eligible for line-of-duty disability as defined in subsection C of this section. A participant may be so retired only if the examinations of two disinterested physicians appointed by the board of administration shall certify and show to the satisfaction of the board of administration that the participant is incapacitated as above described and ought to be retired and that the participant has been continuously so incapacitated since his or her discontinuance from library service application for such retirement shall be made by the library director or by the person acting in his or her behalf. 2. The board of administration shall secure such medical service and advice as may be necessary to carry out the purpose of this section and shall pay for such medical service and advice and such compensation as the board of administration deems reasonable. In no case, however, shall there be employed or appointed a physician who is eligible for participation in the retirement system or who has filled an elective, appointed, or salaried office in the city or county government within a period of five years next preceding his or her employment or appointment. B. Ordinary disability retirement benefit. 1. Upon retirement for ordinary disability as provided in subsection A of this section, a participant who is also then eligible for normal retirement as provided in section 4-32-5(A) shall receive a normal retirement benefit as provided by section 4-32-5(B). If a participant eligible for ordinary disability retirement is not also then eligible for normal retirement, he or she shall receive a disability retirement benefit of an amount equal to 2 5/10 percent of his or her average compensation multiplied by the number of years of credited service; provided, however, that in such latter case the disability retirement benefit shall not be greater than 62.5 percent of his or her average compensation. For participants disabled before July 1, 1992, the prior sentence shall be applied by substituting "2¼ percent" for "2 5/10 percent" and by substituting "56.25 percent" for "62.5 percent." 2. The board of administration may withhold the payment of any retirement benefit in cases where the board of administration can show proof that the disability of the participant was due to gross and willful misconduct by the participant, and in such case the board of administration shall pay such participant in one lump sum, and in lieu of a retirement benefit, his or her accumulated contributions with interest. 3. Notwithstanding any other provision, no participant shall qualify for a disability retirement benefit if the board determines that his or her disability results from: a. Substance abuse, if disability occurs prior to July 1, 1992; b. Any injury suffered while engaged in a felonious or criminal act or enterprise; or c. Service in the armed forces of the United States which entitles the participant to a veteran's disability pension. This provision shall prevent the participant from qualifying for a benefit under another provision of the system. C. Line-of-duty disability benefits. Upon the application of a participant or the library director, any participant whom the board of administration finds has been totally and permanently incapacitated for duty as the direct and proximate result of an accident sustained in service of the employer while a participant and occurring while in the actual performance of duty at some definite time and place without willful negligence on his or her part, may be retired by the board of administration; provided that, two disinterested physicians appointed by the board have certified that the participant is mentally or physically totally incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that the participant should be retired upon retirement for line-of-duty disability. The participant shall receive a retirement benefit of an amount equal to 60 percent minimum or 72.5 percent maximum allowance of his or her average compensation, based on the percentage of 2 5/10 percent times years of credited service. For participants disabled before July 1, 1992, the prior-sentence shall be applied by substituting "2¼ percent" for "2 5/10 percent" and by substituting "56.25 percent" for "62.5 percent." The payments under such retirement allowance shall be made during the period of total disability, and, in the event of death of such participant resulting proximately from such accident and injury, payment shall then be made as provided in section 4-32-14. D. Re-examination of disability beneficiaries and cancellation of disability benefits. 1. The board, at its pleasure, but not less frequently than once a year for the first two years nor more frequently than once a year after the first two years, may require a participant receiving an ordinary or line-of-duty disability benefit to undergo a medical examination, such examination to be made by a physician appointed by the board of administration. Upon the basis of such examination, the board shall determine whether such disabled participant is still incapacitated or disabled as provided in subsection A or subsection B of this section, as the case may be, for service in the department of the library where he or she was employed. If the board shall determine that the participant is not so incapacitated or disabled, his or her retirement benefit shall be canceled forthwith and he or she shall be reinstated to library service. 2. Should a disabled participant reenter the library service and be eligible for participation in the retirement system, his or her retirement benefit shall be canceled forthwith and he or she shall immediately become a participant of the retirement system. The participant's individual account shall be credited with his or her accumulated contributions at the time of his or her disability retirement, and he or she shall retain credit for his or her prior service in the same manner as if he or she had never been retired for disability. 3. Should any disabled participant refuse to submit to a medical examination as provided herein, his or her retirement benefit shall be discontinued until his or her withdrawal of such refusal. 4. Should the retirement benefit of any disabled participant canceled for any cause other than reentrance into the library service, he or she shall be paid his or her accumulated contribution with interest less the retirement benefit payments made to him or her. (Code 1985, § 18-47; Ord. No. 4173, § 1, 4-16-1993)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT4PERESY_CH4-32RESYLIEM_ART3REBE_S4-32-8DIFetched: 10/28/2026