Section 45-37-123.102
Disability retirement benefits.
(a) Non-service connected disability benefits. Subject to subsection (h), any member who, after accumulating 10 years of paid membership time, experiences a total disability as a result of a non-service connected disability shall be entitled to receive, at the time set forth in subsection (e), monthly disability retirement benefits determined in accordance with Section 45-37-123.100, as though the disabled member were entitled to a superannuation retirement benefit at the commencement of the disability; however, there shall be a percentage reduction of such benefit to reflect early commencement of the payment, such percentage to be based on the member's whole years from actual eligibility for a superannuation retirement benefit, as set forth below. Notwithstanding any provisions to the contrary, the minimum monthly disability retirement benefit payable in connection with a non-service connected disability occurring before May 17, 2021, shall be 50 percent of the monthly compensation the member was receiving at the time he or she experienced a total disability.
| Number of Whole Years Until Eligibility for Superannuation Retirement Benefit | Percentage Reduction of Superannuation Retirement Benefit |
| 1 | 93% |
| 2 | 87% |
| 3 | 82% |
| 4 | 77% |
| 5 | 72% |
| 6 | 68% |
| 7 | 64% |
| 8 | 60% |
| 9 | 57% |
| 10 | 54% |
| 11 or more | 50% |
(b) Service connected disability benefits. Subject to subsection (h), any member who experiences a total disability as a result of a service connected disability shall be entitled to receive monthly disability retirement benefits in an amount equal to 60 percent of the member's monthly compensation that he or she was receiving at the time he or she experienced a total disability.
(c) Partial disability benefits. In the event that a member experiences a partial disability in connection with either a non-service connected disability or a service connected disability, the pension board and its medical advisor shall determine the percentage of disability suffered, and the member shall be entitled to the proportion of the amount which would have been payable if the disability were a total disability.
(d) Disqualification from receipt of disability benefits. No disability retirement benefits shall be paid if the use of intoxicating liquor, narcotic drugs, or willful misconduct of the disabled member caused, or substantially contributed to, the disability or if the cause of the disability was voluntarily and willfully caused by the disabled member.
(e) Timing of payment. Payment of disability retirement benefits provided for by this section shall commence when the member separates from employment with the county and ceases to receive his or her compensation subject to the employee contribution requirements set forth in Section 45-37-123.80 and once a determination of disability has been made by the pension board.
(f) Reexamination of members receiving disability benefits. Disability retirement benefits under this section shall only continue for such time as the member continues to experience a total disability, or a partial disability as determined under subsection (c). The pension board may require any member receiving disability retirement benefits to submit to a medical examination by the medical advisor. If the member refuses to undergo the medical examination ordered by the pension board, the member's disability retirement benefits may be discontinued until the member consents to the examination. If a member's disability retirement benefits are discontinued based on the member's refusal to allow a reexamination by the medical advisor, the member shall wholly lose such benefits between the date of the member's refusal or failure to allow the examination and the date of examination thereafter made. Should the medical advisor report to the pension board that the member receiving disability retirement benefits is able to resume his or her usual occupation, such member shall be restored to his or her former position if the member's position is in the service of the county; otherwise, the member shall be placed on the appropriate layoff list of the county and shall not receive any additional payments for disability on and after the date the member is reemployed by the county or fails or refuses to accept such reemployment. If the member is reemployed by the county, the member shall resume employee contributions immediately upon reemployment in accordance with Section 45-37-123.80. Provided however, the pension board shall in no case make additional disability retirement benefit payments to a member on a particular disability claim beyond six months from the date the medical advisor reports to the pension board that the member is able to resume his or her usual occupation.
(g) Ineligibility for joint survivorship pension option. A member electing a disability retirement benefit shall not be entitled to elect a joint survivorship pension provided under Section 45-37-123.101, though a member may elect a 25-year early retirement benefit if such member has met the eligibility requirements set forth in Section 45-37-123.100(b)(2).
(h) Ineligibility for disability retirement benefit if eligible for a superannuation retirement benefit. In the event that a member is eligible for a superannuation retirement benefit pursuant to Section 45-37-123.100(a), such member shall not be eligible for a disability retirement benefit.
(i) Death. If a member dies while receiving payment of a disability retirement benefit, the return of any remaining portion of his or her employee contributions shall be governed by Section 45-37-123.104(5)d. If the member has received payments in an amount at least equal to the amount of employee contributions he or she made to the plan at the time of death, then no further payments shall be made upon the member's death.
(Act 2013-415, p. 1586, §2:5.3; Act 2021-456, §1.)