Disability pensions.
El Paso City Code § 2.64.210
in effect2.64.210 - Disability pensions.
For purposes of this chapter, "disability" shall mean the condition of a significant impairment of physical, neurological, cognitive, or ambulatory abilities, or combination thereof, to such an extent that a participant is unable to perform a job for which he is qualified by training and experience, and where medical improvement of the impairment or combination thereof does not have medically reasonable prognosis for improvement under the conditions at the time of the application for disability.
A. Whenever a participant (as limited by Section 2.64.120) shall become disabled, through no fault of his own, as the result of a job-related injury or cause, be entitled to be retired from his employment and to receive a pension in the same amount as specified in Section 2.64.200, the amount of which shall be determined by and based on whether the person was first a fund participant before September 1, 2011, or first a fond participant on or after September 1, 2011. This subsection shall apply only to original applications filed on or after February 4, 1992.
B. Whenever a participant (as limited by Section 2.64.120) shall have completed seven years of pension credited service with the city or other approved employer and shall become-disabled, through no fault of his own, from any cause not related to his job with the city or other approved employer, and shall make written application therefor, within 30 days of his termination date, approved by the board of trustees, he shall-be entitled to be retired from his employment and to receive a pension in the same amount as specified in Section 2.64.200. If such disability occurs before completion of seven years of pension credited service, the participant so disabled shall be entitled to receive a refund of the amount he paid into the fond, in accordance with Section 2.64.200. This subsection shall apply only to original applications filed on or after February 4, 1992.
C. No participant shall become entitled to receive a disability pension benefit under this section if the disability is a result of:
1. Excessive and habitual use by the participant of illegal drugs, intoxicants or narcotics;
2. Injury or disease sustained by the participant while willfully and illegally participating in fights, riots, civil insurrections or while committing a felony;
3. Intentionally deleted per amendment
4. Injury or disease sustained by the participant diagnosed or discovered subsequent to the date his employment has terminated;
5. Intentionally deleted per amendment
6. Any attempt at suicide while sane or insane, or by injuries intentionally self-inflicted.
D. The participant must provide medical evidence, to include a physician's opinion, to support the application. The board may require additional medical examination and opinion by a physician selected by the board. Physicians conducting examinations or submitting opinions in connection with a disability pension application must be licensed to practice medicine in the United States. The board's determination of fact as to disability shall be final and conclusive on all parties.
E. Disability pension benefits approved under this section shall continue for as long as the individual concerned remains disabled as defined in this section, subject to subsection F. of this section. A disabled individual may be required to submit verification, on a prescribed schedule, that he is still disabled as defined in this section.
F. If a disabled individual who is receiving a disability pension benefit pursuant to this section is gainfully employed while receiving such disability benefit, his disability pension benefit may be reduced or terminated as follows: If the salary or wage from employment plus the disability pension benefit exceed the salary he was receiving as a city employee or employee of another approved employer, the disability pension benefit shall be reduced to such a level that the total income from employment plus the disability pension benefit does not exceed the salary he was receiving as a city employee or employee of another approved employer. If the salary from employment exceeds the salary he was receiving as a city employee or employee of another approved employer, the disability pension benefit will be discontinued. A disabled individual receiving a pension benefit under this section may be required to provide documentation of additional earned income as deemed necessary by the board. Failure to provide such documentation when requested by the board shall be cause for discontinuing the disability pension benefit. In the event that an individual's disability pension benefit is discontinued due to gainful employment, as provided herein, he will receive the excess, if any, of his contributions over the benefit payments he has received and he shall not be entitled to future benefits under the plan. All decisions of the board regarding reduction or termination of benefit payments shall be final and binding on the parties.
G. An application for a disability pension under Section 2.64.210 shall be filed within thirty days of the participant's termination date. The phrase "termination date" shall mean the date when a participant separates from service from the city, whether voluntary or involuntary, whereby pension contributions may no longer be made for the benefit of the participant by either the participant or the city.
(Ord. 11261, 1992; Ord. 10897 (part), 1992: prior code § 17-8) (Ord. No. 17637, § 8, 8-30-2011; Ord. No. 18782, § l—n, 4-17-2018; Ord. No. 019688, § 5, 11-19-2024)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT2ADPE_CH2.64CIEMPEFU_2.64.210DIPEFetched: 10/28/2026