Disability retirement.

Memphis Code of Ordinances § 4-28-12

in effect

Sec. 4-28-12. - Disability retirement. A. Line-of-duty disability. Upon application by or on behalf of the participant or by the director of the city division for which he or she works, any participant determined to have incurred a line-of-duty disability shall receive, during the period he or she suffers from such disability, a retirement benefit equal to the greater of 60 percent of his or her average monthly compensation or his or her accrued benefit as of the date of such disability. The provisions of this subsection shall be effective as of January 1, 1989. B. Ordinary disability. Upon application by or on behalf of the participant or by the director of the city division for which he or she works, any participant determined to have incurred an ordinary disability shall receive, during the period he or she suffers from such disability, a retirement benefit equal to his or her accrued benefit as of the date of such disability; provided, however, the board shall deny any such benefit payments and, instead, refund the participant's employee contributions in accordance with section 4-28-14, if the board has proof that such disability is a result of the participant's gross and willful misconduct. C. Re-examination of disability. At the discretion of the board, a participant receiving benefits under this section may be required to undergo a medical examination by a qualified physician to determine whether the participant continues to suffer from the disability. D. Cancellation of disability retirement. 1. If a participant refuses to undergo medical examination under subsection C of this section, his or her benefits shall be discontinued until he or she withdraws his or her refusal. 2. If a participant is determined under subsection C of this section to have recovered from his or her line-of-duty or ordinary disability his or her disability benefits shall be cancelled and he or she shall be reinstated to city employment. Upon returning to city employment, he or she shall have full credit for all employee contributions and years of service credits to him or her as of the original date of his or her disability. 3. If a participant's disability benefits under this section are cancelled for any reason other than returning to city employment, he or she shall receive a refund of his or her employee contributions, in accordance with section 4-28-14, reduced by the amount of any benefit payments previously made to him or her. 4. If a participant suffering from an ordinary disability and receiving benefits under this section, nevertheless engages in a gainful occupation not with the city or returns to employment with the city and re-enters the 1978 plan as a participant, his or her disability benefits shall be reduced so that the sum of his or her disability benefit payments and his or her compensation from such occupation or city employment shall not exceed his or her average monthly compensation as of the original date of his or her disability. (Code 1985, § 25-182; Ord. No. 3907, § 1, 12-5-1989; Ord. No. 3959, § 1, 4-24-1990)

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_CH4-281978BEPL_ART3REBE_S4-28-12DIREFetched: 10/28/2026