Los Angeles Municipal Code

Sec. 4.1080.8. Disability Retirement.

Sec. 4.1080.8. Disability Retirement. (a) Application for Disability Retirement. Any Member who has five (5) or more years of Continuous Service and who has become physically or mentally incapacitated and who is incapable, as a result thereof, of performing the Member’s duties, may be retired upon written application of such Member, or any person acting the Member’s behalf, or of the head of the department in which such Member is employed. Where the Member’s incapacity has been continuous from the discontinuance of such service, any application for disability retirement may be made at any time within, but not exceeding, one (1) year after the discontinuance of the service of such employee or the termination of any duly authorized sick leave with pay. (b) Disability Determination. The Board shall cause each Member who applies for disability retirement to be examined by, and a written report thereon rendered by, at least three regularly licensed, practicing physicians selected by the Board. If the Member is terminally ill, however, the Board only shall require the Member to be examined by one such physician selected by the Board. If, upon considering the report(s) of such physician(s) and such other evidence as shall have been presented to it in connection with the disability retirement application, the Board finds that: (1) the Member has become physically or mentally incapacitated and is incapable, as a result thereof, of performing the Member’s duties; and (2) such disability was not due to intemperance unattributable to a physical or mental impairment, or the willful misconduct of such Member, then the Board shall determine that the Member shall be retired as of the date of the discontinuance of the Member’s service on account of such disability or termination of sick leave with pay. (c) Disability Retirement Allowance. Any Member retired on account of disability shall receive a disability retirement allowance that shall consist of: (1) An annuity which shall be the actuarial equivalent of the Member’s Accumulated Contributions at the time of the Member’s retirement, calculated in accordance with approved actuarial methods as of the date of retirement;