Spokane Municipal Code

Title 03 Administration and Personnel

Chapter 03.05 Spokane Employees' Retirement System

Section 03.05.200 Safeguards of Disability Retirement

1. The board may, at its pleasure, require any member receiving a disability retirement who has not yet attained normal retirement age to undergo medical examination to be made by a physician or surgeon appointed by the board at a place to be designated by the board. Upon the basis of such examination, the board determines whether such member is still totally and permanently incapacitated either mentally or physically for service in the office or department of the City where previously employed or in any other City service for which the member receiving a disability retirement is qualified. If the board determines that said member is not so incapacitated, the disability retirement allowance is canceled and the member is reinstated forthwith in the City service.
    
2. Should a member receiving a disability retirement re-enter the City service and be eligible for membership in the retirement system in accordance with SMC 3.05.030, any disability retirement allowance is canceled and the member immediately becomes a member of the retirement system. The member’s individual account is credited with the member’s accumulated contributions less the annuity payments paid as a disability retirement. An amount equal to the accumulated contributions so credited is again held for the benefit of said member and is no longer included in the amounts available to meet the obligations of the City on account of benefits that have been granted and on account of prior service of members. Such member receives credit for prior service in the same manner as if the member had never been retired for disability.
    
3. Should any member receiving a disability retirement who has not yet attained normal retirement age refuse to submit to medical examination, any disability retirement allowance may be discontinued until such member withdraws such refusal, and should such refusal continue for one (1) year, any disability retirement allowance otherwise payable to such member may be prospectively canceled. Should such member receiving a disability retirement allowance, prior to attaining normal retirement age, engage in a gainful occupation not in City service, or should such member re-enter the City service and be ineligible for membership in the retirement system in accordance with SMC 3.05.030, the board shall reduce the amount of the member’s disability retirement allowance to an amount which, when added to the compensation earned by the member shall not exceed the amount of the final compensation adjusted for cost of living as determined by the board. Should the earning capacity of such member be further altered, the board may further alter any disability retirement allowance as hereinbefore provided. When said member receiving a disability retirement allowance reaches member’s normal retirement age, the disability retirement allowance shall be made equal to the amount upon which the member was originally retired on account of disability, and shall not again be modified for any cause except as provided in SMC 3.05.260.
    
4. Should the disability retirement allowance of any member receiving a disability retirement be canceled for any cause other than re-entrance into the City service, the member shall be paid his accumulated contributions, less annuity payments made.

Date Passed: Sunday, August 31, 2014

Effective Date: Monday, July 28, 2014

ORD C35128 Section 20