Title 03 Administration and Personnel
Chapter 03.05 Spokane Employees' Retirement System
Any member while in City service may be retired by the board for permanent and total disability, either ordinary or accidental, upon examination, if the member has not attained normal retirement age but has at least five (5) years of creditable service if the member is described in SMC 3.05.025(A) or (B), or has at least seven (7) years of creditable service if the member is described in SMC 3.05.025(C) or (D), provided that the required number of years of creditable service must have been credited to the member over a period of not to exceed ten (10) years immediately preceding member’s disability retirement. The member’s disability retirement shall be under the Tier corresponding to his participation date and the member cannot elect to receive a disability retirement under subsequent tiers.
Such member, within three (3) months after the discontinuance of City service, or while physically or mentally incapacitated for the performance of duty, if such incapacity has been continuous from discontinuance of City service, but not later than one (1) year after discontinuance of City service, shall be examined by a physician or surgeon appointed by the board upon the application of the head of the office or department in which said member is employed, or upon application of said member or a person acting in the member’s behalf, stating that the member is permanently and totally incapacitated, either physically or mentally, for the performance of duty and ought to be retired. If such medical examination shows, to the satisfaction of the board, that the member is permanently and totally incapacitated either physically or mentally for the performance of duty and ought to be retired, the board shall retire the member for disability forthwith. Alternatively, the board is entitled to consider a disability determination made by the Social Security Administration as conclusive evidence that a member is disabled for the purposes of determining disability status in the retirement system.
Any member who shall suffer accidental permanent and total disability while engaged in the City service shall be retired forthwith and shall not be required to have the minimum number of years of creditable service as required for ordinary disability under SMC 3.05.180(A).
The board shall secure such medical services and advice as it may deem necessary to carry out the purpose of this section and of SMC 3.05.200, and shall pay for such medical services and advice such compensation as the board shall deem reasonable.
Date Passed: Monday, January 8, 2018
Effective Date: Wednesday, February 21, 2018
ORD C35574 Section 16