§ 24-11-819. Benefits — Disability retirement

(a)

1. (1) Any firefighter who becomes totally and permanently physically or mentally incapacitated for any suitable duty as an employee as a result of personal injury or disease may be retired by the board, upon written application filed by or on behalf of the member, if, after medical examination of the member made by or under the direction of a physician designated by the board, the physician reports in writing that the member is physically or mentally totally incapacitated for the further performance of any suitable duty, that the incapacity will probably be permanent, and that the firefighter should be retired.

2. (2) The benefit amount shall be as follows:

   1. (A) If the disabling injury or disease occurred while not actually performing work in gainful employment for the fire department, the monthly benefit shall be equal to the benefit paid to normal service retirants; or

   2. (B)

      1. (i) For a full-paid firefighter who is injured in the line of duty, the monthly disability benefit shall either be equal to sixty-five percent (65%) of the salary attached to the rank held by the member in the fire department or shall be equal to the benefit paid to normal service retirants, whichever is greater.

      2. (ii)

         1. (a) For purposes of this section, “injured in the line of duty” means a disabling injury or disease that occurs while conducting official fire department operations or while in training to become a firefighter.

         2. (b) The board shall determine whether the disability occurred in the line of duty and may require any medical evidence, official reports, expert testimony, or other information to be supplied by the applicant in addition to the required physician’s examination and report.

      3. (iii)

         1. (a) The additional benefits provided in this section shall be effective for all qualifying applications first received by the board on or after January 1, 1987, except that the board of trustees of any municipal firemen’s relief and pension fund or of the Arkansas Local Police and Fire Retirement System may increase the benefits for any disabled firefighter injured in the line of duty before January 1, 1987, but after January 1, 1983, if the board adopts a resolution to extend the benefit retroactively to those firefighters and if the fund will remain actuarially sound as determined by an actuary for the Arkansas Fire and Police Pension Review Board or the Arkansas Local Police and Fire Retirement System.

         2. (b) The disability benefit provided in this section shall continue to be paid to the firefighter so long as he or she is retired and shall not be reduced to the regular service annuity amount, if less, when the retirant reaches the normal retirement age.

      4. (iv) Upon the death of the retirant, any survivor benefits shall be based upon the annuity amount received by the member at the time of his or her death, excepting any amount payable under § 24-11-826.

3. (3) For purposes of computing all benefits, “salary” means recurring pays which are received for a regularly scheduled workweek and shall not include payments for unused accrued sick leave or annual leave or the cash value of any nonrecurring or unusual remunerations.

4. (4) Any disability benefit approved under this section shall be effective the first day of the calendar month next following the latter of either the firefighter’s termination of active membership or six (6) months before the date the written application was filed with the board.

5. (5) In the event that a firefighter’s disability ceases, his or her benefit shall also cease, and he or she shall be returned to active service at not less than the same salary he or she received at the time of his or her retirement.

(b)

1. (1) No person shall be retired as provided in this section or receive any pension from the fund unless there shall be filed with the board certificates of his or her disability. The certificates shall be subscribed and sworn to by the person and by the city or town physician, if there is one, and by the firemen’s relief and pension fund physician.

2. (2) The board may require other evidence of disability before ordering the retirement and payment as provided in this section.

(c)

1. (1) At least one (1) time each year during the first five (5) years, or as often as required by the board following a member’s retirement for disability and at least one (1) time each three (3) years thereafter, the board may require any disability retirant who has not attained the normal retirement age to undergo a medical examination by or under the direction of a physician or physicians designated by the board.

2. (2) If the retirant refuses to submit to the medical examination in any period, his or her disability annuity may be suspended by the board until he or she complies with the provisions of this section.

3. (3) If his or her refusal continues for one (1) year, all his or her rights in and to a disability annuity may be revoked by the board.

4. (4) If, upon such medical examination of the retirant, the physician reports to the board that the retirant is physically and mentally able and capable of resuming suitable duty as an employee, his or her disability retirement shall terminate.