(a) In the event a participant, after having accrued five or more years of credited service, shall become totally disabled to perform his or her customary duties as an employee of the city and not be entitled to an extraordinary disability allowance, he or she shall in such event be entitled to a monthly ordinary disability allowance equal to two percent of such participant's final average salary multiplied by his or her years of credited service at the date of disability.
(b) Notwithstanding anything to the contrary contained in this section, yet subject to subsections (e) and (f), for all participants who first become participants on or after July 1, 2017, in the event a participant, after having accrued 10 or more years of credited service, becomes totally disabled to perform his or her customary duties as an employee of the city and who is not entitled to an extraordinary disability allowance, he or she shall in that event be entitled to a monthly ordinary disability allowance equal to two percent of the participant's final average salary multiplied by his or her years of credited service at the date of disability.
(c) Benefits payable hereunder shall commence upon the cessation of the disabled participant's drawing a salary from the city and shall continue until such time as the participant is no longer totally disabled to perform his or her customary duties or substantially comparable duties with an employer.
(d) Except as provided in subsection (g), the maximum ordinary disability allowance payable hereunder shall be two percent of final average salary per credited year of service, not to exceed 60 percent of final average salary.
(e) Anything herein to the contrary notwithstanding, an ordinary disability allowance shall be computed and paid throughout the continuance of such disability as provided and at the rate prescribed by the law in effect at the time of the commencement of such disability. If any disability beneficiary should become separated from the service and withdraw such disability beneficiary's contributions, his or her right to continuance of disability benefits shall immediately cease.
(f) Notwithstanding anything to the contrary contained in this section, for all participants who incur a disability on or after July 1, 2021, other than fire and police employees, in the event the participant, after having accrued 10 or more years of credited service, becomes totally disabled to perform his or her customary duties as an employee of the city and who is not entitled to an extraordinary disability allowance, he or she shall in that event be entitled to a monthly ordinary disability allowance equal to 1.75 percent of his or her final average salary multiplied by his or her years of credited service at the date of disability.
(g) Notwithstanding anything to the contrary contained in this section, for all participants who incur a disability on or after July 1, 2021, other than fire and police employees, the maximum ordinary disability allowance payable hereunder shall be 1.75 percent of final average salary per year of credited service, not to exceed 52.5 percent of final average salary.
Structure Code of Alabama
Chapter 37A - Jefferson County Municipalities.
Part 2 - Retirement and Relief System.
Section 45-37A-51.220 - Normal Retirement Benefit.
Section 45-37A-51.221 - Minimum and Maximum Normal Retirement Benefit.
Section 45-37A-51.222 - Participants Vesting.
Section 45-37A-51.224 - Involuntary Retirement.
Section 45-37A-51.225 - Ordinary Disability Allowance.
Section 45-37A-51.226 - Extraordinary Disability Allowance.
Section 45-37A-51.227 - Determination of Disability.
Section 45-37A-51.228 - Survivor's Benefits.
Section 45-37A-51.229 - Eligibility for Survivor's Benefits.
Section 45-37A-51.230 - Service Connected Death Benefit.
Section 45-37A-51.231 - Eligibility for Service Connected Death Benefit.
Section 45-37A-51.232 - Firefighters' and Police Officers' Supplemental Pension Survivors Pension.
Section 45-37A-51.233 - Death Prior to Retirement; Return of Contributions.
Section 45-37A-51.234 - Termination of Employment; Ineligibility; Return of Contribution.
Section 45-37A-51.235 - Payment of Return of Contributions.
Section 45-37A-51.236 - Designation of Severance Beneficiary.
Section 45-37A-51.237 - Payment of Benefits During Period of Reemployment.
Section 45-37A-51.238 - Determination of Right to Benefits.
Section 45-37A-51.239 - Payment of Benefits to Minor Children.
Section 45-37A-51.240 - Law Applicable to Measurement of Benefits.
Section 45-37A-51.241 - Board of Health Retired Employees.
Section 45-37A-51.242 - Cost of Living Increases; Future Benefits
Section 45-37A-51.243 - Supplemental Benefit.
Section 45-37A-51.244 - Early Retirement Benefit.
Section 45-37A-51.245 - Retroactive Deferred Retirement Option Plan.
Section 45-37A-51.246 - Board of Health Department Retirees' Supplemental Benefit.
Section 45-37A-51.247 - Required Minimum Distributions.
Section 45-37A-51.248 - Direct Rollovers.
Section 45-37A-51.249 - Heroes Earnings Assistance and Relief Tax Act of 2008 Provisions.