HomeMy WebLinkAbout1976 Ordinance No. 040,
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INTRODUCED AS A BILL BY COUNCILMAN SMITH
BY AUTHORITY
ORDINANCE NO. 40 , SERIES OF 1976
AN ORDINANCE AMENDING SECTION 9, CHAPTER 1, TITLE XI, OF THE
1969 ENGLEWOOOD MUNICIPAL CODE, RELATING.TO THE ELIGIBILITY
TO RECEIVE DISABILITY PAYMENTS FROM THE POLICE OFFICERS'
BENEFIT FUND.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That Section 9, Chapter 1, of Title XI, of the 1969
E.M.C., is hereby amended to read as follows:
11-1-9: POLICE OFFICERS; PERMANENT DISABILITY
(a) In order to supplement the income of any
police officer who, as a result of injury or
illness, is rendered permanently disabled,
there shall be paid to such officer, out of the
Police Officers' Benefit Fund, a monthly bene-
fit equal to twenty percent (20%) of his base
salary plus longevity which he was making at
the time that he incurred such disability.
Such payment shall be in addition to any bene-
fits payable to the officer from the statutory
Police Pension Fund.
(b) In order to be eligible to receive such pay-
ment, the officer must, at the time of his
application therefor, be permanently disabled
from performing the duties of any occupation for
which the officer, by reason of his education,
training and experience, would be capable of
performing, but for the injury or illness in-
volved. In determining whether any officer is
so permanently disabled, any disability, and
any known injury or illness, which pre-existed
the officer's employment with the City, shall
be disregarded.
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Section 2.
(c) Payment to the officer of such benefits
shall continue on a monthly basis, subject
to the following conditions:
(i) Payment of such benefits shall cease
upon the date that the officer would
have been, but for his disability,
eligible to receive normal, non-dis-
ability retirement benefits from the
Police Pension Fund;
(ii) Payment of such benefits shall cease
should it be subsequently determined
that, by reason of retraining, improve-
ment in condition, or for any other
reason, the officer is no longer per-
manently disabled from performing the
duties of any occupation for which he
is qualified; and
(iii) There shall be deducted from the amounts
payable hereunder an amount equal to any
income earned by the officer as a result
of personal services (either as an employee
of another or on his own behalf) .
(d) The Police Pension Board is hereby granted
the authority and jurisdiction to issue reg-
ulations, not inconsistent with the terms hereof,
designed to carry out the purpose of this section,
and to hold hearings, take evidence, receive in-
formati~n and to make final and binding decisions,
awards and resolutions respecting the eligibility
of officers for initial, and continued, payment
of benefits hereunder.
That all ordinances and parts of ordinances in con-
flict herewith are hereby expressly repealed.
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Introduced, read in full ~nd passed on first r~ading
on the 19th day of July, 1976.
Published as a Bill for an Ordinance on the 21st day
of July, 1976.
Read by title and'passed on final reading on the 2nd
day of August, 1976.
Published by title as Ordinance No.
1976, on the 4th day of August, 1976.
ATTEST:
40 , Series of
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance, passed on final reading and published by title
as Ordinance No. 40 , Series of 1976.
ex officio ~k-Treasurer
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