Same: Amount of Disability Retirement Annuity

(a) The amount of basic disability retirement annuity shall be sixty-six and two-thirds percent (66 2/3%) based on the average of the three (3) highest annual salaries received by a member during that member’s years of credited service. (b) The annuity in Subsection (a) shall be reduced by any amounts awarded to a member under worker’s compensation laws for substantially the same impairment. (c) The Board may revoke any and all disability retirement annuity benefit(s) if a member fails to report a worker’s compensation award for substantially the same impairment. (d) As used in this Section “annual salary” means the base pay and non base pay for which the members contributed to the Fund as provided in § 8136(c) of this Chapter. (e) Any disability retirement annuitant who shall have the annuitant’s annuity recomputed as of December 1, 1972, shall receive an automatic increase of the annuitant’s then recomputed annuity in the amount of one and one half percent (1½%) thereof on December 1, 1972. (f) Any disability retirement annuitant who, between April 1, 1970 and December 1, 1972, became entitled to receive a disability retirement annuity, shall have the annuitant’s basic disability retirement annuity increased on December 1, 1972, by an amount equal to one half percent (½%) thereof for each four (4) month period that the annuitant was in receipt of the annuitant’s annuity. (g) Any disability retirement annuitant who receives less than Six Thousand Dollars ($6,000.00) salary during that person’s employment shall have the annuitant’s disability retirement annuity recomputed at a Six Thousand Dollar ($6,000.00) salary level, subject to the additions set forth in § 8129. SOURCE: GC § 4212.2, as added by P.L. 13-199:3 (Nov. 11, 1976); amended by P.L. 14-119:1 (Apr. 14, 1978), P.L. 16-009:7 (May 4, 1981) and P.L. 17-066:6 (Sept. 7, 1984). Repealed and reenacted by P.L. 24-315:4 (Dec. 23, 1998) and P.L. 25-072:IV:6(a) (Sept. 30, 1999). 2025 NOTE: The Compiler has corrected manifest errors in past publications of the GCA, including incorrect public law numbers and dates, and omissions of legislative history.