Alabama § 45-49A-81.09 - Permanent Disability of City Employee.

§ 45-49A-81.09. Permanent Disability of City Employee.

If any employee of the City of Prichard, Alabama, while in the performance of his or her duties, becomes or is found to be physically or mentally permanently disabled for service in his or her respective department, by reason of service therein, so as to render his or her retirement from such service necessary, the City Council of the City of Prichard, Alabama, shall make the necessary orders and shall retire such disabled employee from service in the department in which the disability occurred; and upon retirement, such member shall be paid monthly or semi-monthly, from the fund, an amount equal to 60 percent of his or her compensation at the time of such disability or an amount equal to 60 percent of the average compensation of such employee over the then preceding four years, whichever shall be the greater. Provided that such payment shall not continue for a longer than five year period, provided, further, that during such five years such employee shall be considered an employee of the City of Prichard, Alabama for retirement purposes. Should any employee of the City of Prichard who has been employed in the city’s service for a period of 15 years be found physically or mentally totally or partially disabled through no misconduct on his or her part for services in any city department, so as to render his or her retirement from such service necessary, the City Council of the City of Prichard shall make necessary orders to effectuate, and shall retire such disabled employee from service with the city, and upon such retirement the city employee shall be paid monthly or semi-monthly from the fund an amount equal to 50 percent of his or her compensation at the time of his or her becoming disabled or such disability being discovered or an amount equal to 50 percent of the average compensation of such employee over the then past four calendar years, whichever shall be the greater. Provided that such payments shall not continue for a period of longer than five years; provided further that during such five years such employee shall be considered an employee of the City of Prichard for retirement purposes. Such employee may be called back and examined at any time under the orders of the City Council of the City of Prichard, Alabama, and may be ordered back to active service, or to perform other services in connection with the operation of the city, such as he or she is able to perform according to the instructions, findings, and orders of the City Council of the City of Prichard, Alabama.