§ 8. Disability Pensions in General.

(1)

For the purposes of both sections 9 and 10 of this retirement plan, pertaining to disability pensions, the term "permanently and totally disabled" shall be construed to mean and include the loss of one or more limbs, loss of sight in one or both eyes, loss of hearing in one or both ears, and any other condition which renders the member unfit to perform the required duties of the member's rank held at the time of impairment.

(2)

A police officer will not be entitled to receive any disability retirement income if the disability is a result of:

(a)

Excessive and habitual use by the police officer of drugs, intoxicants, or narcotics;

(b)

Injury or disease sustained by the police officer while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime;

(c)

Injury or disease sustained by the police officer while serving in any armed forces;

(d)

Injury or disease sustained by the police officer after employment has terminated;

(e)

Injury or disease sustained by the police officer while working for anyone other than the city and arising out of such employment.

(3)

Notwithstanding any other provision of this retirement plan, a disability pension may be denied by the Board of Trustees if it is determined that:

a)

the applicant is not totally disabled to do all of the functions which can be performed by members of his or her same rank;

b)

the applicant is able to do some of the functions which can be performed by members of his or her same rank; and

c)

the Chief of the Police Department is willing to permit the applicant to remain on the Orlando Police Department, performing limited duty with no reduction in pay or benefits.

(4)

If in any month a disability retiree receives both workers' compensation payments and disability pension benefits, a dollar-for-dollar offset will be made to disability pension payments otherwise due for any workers' compensation payments received; provided, however, the offset will not operate to reduce the total of workers' compensation payments and pension plan payments below 100 percent of the pensionable salary earned by the retiree on his or her last day of work for the Orlando Police Department; and provided further that no offset shall be made if the member is receiving benefits under Title 42 USCA Public Health and Welfare (Social Security) guidelines as disabled. For purposes of offset calculation when lump sum workers' compensation settlements are paid, the lump sum will be amortized over the period of allowable benefits, not to exceed 10 years.

(Laws of Fla. ch. 88-541, § 1; Laws of Fla. ch. 95-482, § 8; Ord. of 6-24-2002, § 4, Doc. #020624704; Ord. No. 2017-22, § 3, 4-24-2017, Doc. #1704241202)