Section 13-305. Service-incurred disability benefits in the case of retirements prior to July first, nineteen hundred sixty-five  


Latest version.
  • a.  Notwithstanding the provisions of section 13-304 of this chapter, in any
      case  where  a pension was awarded under the provisions of such section,
      or any predecessor section, by reason of the retirement of a member  for
      disability  caused or induced by the actual performance of the duties of
      his or her position, prior to July first, nineteen  hundred  sixty-five,
      such   member   shall  be  entitled  to  a  pension  of  not  less  than
      three-fourths the annual salary or compensation payable to a first grade
      fireman as of July first, nineteen hundred sixty-five. In  the  case  of
      any member receiving a pension less than three-fourths the annual salary
      or  compensation of a first grade firefighter as of July first, nineteen
      hundred sixty-five, his or her pension will be increased  to  an  amount
      which  will  equal  three-fourths the annual salary or compensation of a
      first grade fireman as of July first, nineteen hundred sixty-five.
        b. Such pension shall be payable to the  same  persons  and  shall  be
      subject  to  the  same  terms and conditions, including provisions as to
      termination as the  pension  which  would  otherwise  be  payable  under
      section 13-304 of this chapter or any other law.
        c.  The  pension  payable  under  this section shall be in lieu of any
      pension which would otherwise be payable to  the  member  under  section
      13-304 of this chapter.
        d.  Nothing  in this chapter shall be construed as creating any rights
      on behalf of any  person  who  dies  prior  to  October  twenty-seventh,
      nineteen  hundred  sixty-six,  and  benefits  due  thereunder  shall  be
      calculated and paid only from such date.