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pension fund in equal monthly payments until his fifty-
fifth birthday a sum equal to one-half of his annual
salary as defined in subsection (c) of section 24-23.
Upon attaining fifty-five years of age, such officer
or member so retired shall be paid annually for the
remainder of his life in equal monthly installments, a
sum equal to fifty-five percent of his annual salary.
By not arguing otherwise, petitioners tacitly admit that the City
Code provision, without more, is not in the nature of a workers'
compensation act. And we further find that since the language of
the City Code disability provision allows disability payments to
police officers for other than on-the-job injuries, it cannot be
found to be a statute in the nature of a workmen's compensation
act.
The Agreement Between the City and the Union
Petitioners argue that they were receiving their disability
payments pursuant to the collective bargaining agreement rather
than the City Code. As evidence of this, they point to receiving
a pension based upon 60 percent of their salary at retirement
while the City Code provides for a maximum 55 percent payment,
depending upon the age of the recipient. Indeed, the pertinent
provision of the agreement does provide for police pension fund
payments at a rate higher than that of the City Code:
24.2 Disability Pension: Job Related
Whenever an officer or member of the permanent
police department shall become unfit to perform active
duty by reason of job related physical and/or
psychological infirmity, such officer or member upon
the recommendation in writing of the Mayor, may in the
discretion of the city council, by a majority vote of
the city council, be retired from active service and
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Last modified: May 25, 2011