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Retroactive Effect of Amended Section 10-12
In the alternative, petitioners contend that section 10-12,
as amended in 1999, allows disability pension amounts previously
received by petitioner to be retroactively redesignated by the
city council as payment for an occupational disability and thus
excluded from gross income pursuant to section 104(a)(1).
Section 10-12, as amended in 1999, contains the following
recertification procedure for prior retirees:
L. RETROACTIVE REDESIGNATION OF CERTAIN
DISABILITY PENSIONS
1. Any member/retiree who qualifies for and elects to
apply under 10-12K for recertification for occupational
disability retirement may, at his or her separate
election as provided herein, apply for retroactive
redesignation of prior disability pension benefits as
an occupational disability pension, as defined in 10-
12A, subject to the following limitations and
conditions:
a) no additional pension benefits will be payable
by the City if the retroactive designation is
approved;
b) The retroactive redesignation will apply to
disability pension benefits paid to the retiree
in calendar years 1992 through 1998 inclusive.
* * * * * * *
3. Action on Request for Retroactive Redesignation:
Before the city council can act on a request for
retroactive redesignation, the [city council] first
must approve and authorize the member/retiree’s request
for recertification for occupational disability pension
under 10-12K. Once the request for recertification is
approved and authorized, the [city council] will
determine whether the request for retroactive
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Last modified: May 25, 2011