Alabama § 45-37A-51.227 - Determination of Disability.

§ 45-37A-51.227. Determination of Disability.

(a) In order for disability allowances to be awarded under Section 45-37A-51.225 or Section 45-37A-51.226, the board shall first have satisfactory proof thereof by certification of such disability of the participant applying for disability allowance, the certification being made by a licensed and practicing physician or surgeon. Additionally, the board shall have the power to require further certifications of such disability by other practicing physicians and surgeons and shall have the power to require such additional proof of total disability as in its judgment it may deem necessary.

(b) During the continuation of disability, the board may from time to time require further certification of disability by one or more licensed and practicing physicians or surgeons selected by the board and may require such additional proof of the continuation of the disability as it deems appropriate.

(c) Should a former participant who has been awarded a disability allowance under Section 45-37A-51.225 or Section 45-37A-51.226 resume his or her active duty as an employee of the city, it shall be conclusive evidence of the termination of such total disability for the purpose of the system, and any subsequent cessation of his or her active duty on account of disability, whether by reason of the same or a different cause, shall be treated as a new disability. However, should a participant who shall have been awarded an extraordinary disability allowance under Section 45-37A-51.226 or is a claimant or prospective claimant therefor resume his or her active duty as an employee for a period not exceeding a total of 180 days last ending no later than 12 months following the date of the accident which gave rise to the disability for which he or she was awarded an extraordinary disability allowance, such resumption of active duty as an employee of the city shall not be deemed to be conclusive evidence of termination of such disability. Any provisions hereof to the contrary notwithstanding, no extraordinary disability allowance shall be allowed unless granted within 12 months after the accident resulting in such disability. The board, in its sole discretion, may choose to waive this one-year limitation and grant an application for extraordinary disability allowance if granted within 60 months after the application for benefits from incident resulting in such disability.

(d) In no event shall disability allowances as provided under Section 45-37A-51.225 or Section 45-37A-51.226 be payable with respect to any period of time during which the recipient of such allowances shall be actively employed by the city, shall be due or shall have been paid any salary from or by the city.