§ 10. Disability Pensions; Not in Line of Duty.

(1)

Any active member of the police department who shall become permanently and totally disabled, if the disability was not directly caused by and attributable to the performance of duty as a member of the department and was not caused by the member's own imprudence, shall be entitled to a monthly pension as follows:

(a)

A member with less than 10 full years of credited service at time of impairment shall be entitled to receive an amount equal to 3 percent of the member's average monthly salary for each full year of credited service.

(b)

A member with 10 full years or more of credited service at time of impairment shall be entitled to 4 percent of the member's average monthly salary for each full year of credited service, provided, however, that said monthly pension shall not exceed 60 percent of the member's average monthly salary, subject to the provisions of paragraph (c).

(c)

A member with more than 20 full years of credited service at the time of impairment may exceed the 60 percent maximum specified in paragraph (b) and shall be entitled to a monthly pension equal to 60 percent plus 4 percent per year for each full year of credited service in excess of 20 years of credited service; provided, however, that in no event shall the pension exceed the maximum percentage provided for a member who retires after 25 years of credited service as provided in section 6 of this retirement plan.

(2)

Upon the death of such a retired member, the widow or widower, if any, shall be entitled for the remainder of her or his natural life, subject to the provisions of section 14 of this retirement plan, to a monthly pension equal to 65 percent of the pension amount payable to the retired member.

(3)

If the deceased retired member leaves a surviving child in being who is the issue of such deceased retired member and his or her surviving widow or widower and who is under the age of 18 years, then and in that event 25 percent of the 65 percent widow or widower pension, provided for in subsection (2), shall be paid to the widow or widower for and on behalf of said issue until said issue becomes ineligible under the provisions of section 14 of this retirement plan. Upon such ineligibility, the full 65 percent shall be paid to the widow or widower for her or his own account, as provided in subsection (2).

(4)

If said deceased retired member leaves a surviving child in being who is under the age of 18 years and the issue of such deceased retired member and of a wife or husband of a marriage other than to the widow or widower, then and in that event 25 percent of the aforesaid 65 percent widow or widower pension shall be divided and paid, on a per capita basis, to:

(a)

the legal guardian of said issue, for said issue, until said issue becomes ineligible under the provisions of section 14 of this retirement plan; and

(b)

the widow or widower, for issue if any, said widow or widower and the deceased retired member may have had who survived said deceased retired member and who was in being and under the age of 18 years at the time of death. If the deceased retired member leaves no widow or widower surviving but does leave issue as aforesaid, the full 65 percent widow or widower pension shall be divided and paid on a per capital basis to the legal guardian of said issue, for said issue, until said issue become ineligible under the provisions of section 14 of this retirement plan.

(5)

Payments for any issue which shall cease pursuant to the provisions of section 14 of this retirement plan shall not have the effect nor serve to increase the payments to any other issue. Such amounts shall be paid to the widow or widower for as long as she or he remains eligible therefor.

(6)

Neither the Board of Trustees nor the City of Orlando or their authorized officials, employees or agents shall be liable or responsible in any way for identification or verification of the authenticity of widows or widowers, issues or guardians, or changes in status thereof; moreover, without limiting the foregoing, to be entitled to be considered for said payments provided herein, proof of identification and authenticity of the widow or widower, issues and guardians, along with sufficient address and status information must be presented to the board in writing within 30 days of the death of said member and proof of changes therein presented to the board in writing within 30 days after the change. Without limiting the foregoing sentence, any widow or widower claiming entitlement under this section to an increase in pension on account of change in status of issue shall present in writing to said board proof satisfactory to the board of said change within 30 days thereafter. If said board decides that proof of any of the aforesaid changes has been satisfactorily shown to it in writing, the change of pension shall be made by said board effective with the next monthly payment due after said showing; provided, however, no change in pension payment or amount thereof shall be retroactive.

(Laws of Fla. ch. 22414(1943), § 7; Laws of Fla. ch. 72-632, § 5; Laws of Fla. ch. 73-572, § 3; Laws of Fla. ch. 75-462, § 2; Laws of Fla. ch. 82-345, § 1; Laws of Fla. ch. 89-458, § 7; Laws of Fla. ch. 95-482, § 10)