§ 17-88. Disability allowances and pensions—Generally.

(a)

The board of trustees is hereby authorized and empowered to pay, out of any funds in the pension and retirement system, a disability allowance to policemen, eligible as hereinafter provided, in an amount equal to one-half of the average final annual compensation of any such policeman.

(b)

In order for any policeman to be eligible for any disability allowance, he must have complied with any agreement as to contributions by him and other policemen to any funds of the police pension and retirement system, where such agreement has been made as by this article provided, and the board of trustees must find that he became physically or mentally disabled while in, and in the consequence of, the performance of his duties as such policeman and through no negligence on his part, or that such policeman has served 15 years and has become disabled from any cause. Before making any such finding, such board shall require that, if the policeman is able, he make a certificate as to his disability, which shall be subscribed and sworn to by such policeman. It shall also require a certificate as to such disability to be made by the city physician, if there be one, or if not, by some physician licensed to practice in the state, and other evidence of disability, before making such disability allowance. The board of trustees, in making disability allowances, shall act upon the written request of the policeman, or without such request, if it deems it for the good of the police department.

(c)

Any disability allowance shall cease when any policeman receiving the same shall be restored to active service at a salary not less than three-fourths of his average final yearly compensation.

(d)

In case death results from any injury or sickness sustained by any policeman while in, and in consequence of, the performance of his duty as such policeman, or for any cause after 15 years of service, and the board of trustees shall find this to be true, after requiring certificates and other evidence of disability as hereinbefore provided, it shall allow a pension, not exceeding one-half of the final yearly compensation of such policeman to be paid to such policeman's widow, child or children in equal parts, provided that such pension shall cease as to the widow when she shall remarry and as to the child or children when they have become 18 years of age or married, or for any reason are not dependent upon the widow for their support.

(Code 1970, § 1-91; Code 1977, § 17-88)