§ 24-12-115. Benefits — Temporary total disability retirement — Voluntary retirement

(a) The board of trustees of the pension and relief fund for paid nonuniformed employees, by a majority vote of the members and with the approval of the physician on the board, shall have the power to retire from service any employee who has become temporarily totally disabled while in the performance of his or her duties when it has been certified to the board in writing by the physician on the board that the employee to be retired because of temporary total disability will be incapacitated, either mentally or physically, from the performance of his or her duties as an employee for a period of three (3) months or more.

(b) It shall be mandatory on the board to retire an employee who has performed faithful service as an employee for a period of twenty (20) years at the employee’s option or election, to be exercised by making written application therefor, or to retire an employee who has attained the age of sixty (60) and has served as an employee for at least ten (10) years at the employee’s option or election, to be exercised by making written application therefor.

(c)

1. (1) In cases arising under subsections (a) and (b) of this section, the board shall place an employee so retired upon the pension roll at one-half (½) pay.

2. (2) The minimum monthly pension paid to a retired employee shall not be less than fifty dollars ($50.00) per month regardless of whether the employee’s monthly salary shall equal this minimum sum or not.

(d)

1. (1) No employee shall be retired because of disability from natural causes unless he or she has served as an employee for a period of five (5) years.

2. (2) No employee shall be retired because of a disability of any nature except upon examination and approval of the physician on the board of trustees.

(e)

1. (1) If any employee is retired because of any temporary total disability, it shall be his or her duty to have an examination made of himself or herself by the physician on the board at least one (1) time every thirty (30) days, and if he or she shall have recovered from the disability, it shall be the duty of the board to stop payment of the pension and to place the employee back in service.

2. (2) The time of his or her retirement shall be considered as continuous service in his or her position.

3. (3) An employee receiving the examination shall pay to the physician a fee of five dollars ($5.00) for the examination so made.