Section 13-365. Accidental disability benefits in the case of retirements prior to July 1, 1965  


Latest version.
  • a.  Notwithstanding  the  provisions  of  section  13-364  of this subchapter, in any case where a retirement allowance was
      awarded  under  the  provisions  of  such  section,  by  reason  of  the
      retirement  for  accidental disability of a member occurring before July
      first, nineteen hundred sixty-five, such retirement allowance  shall  be
      not  less  than three-fourths the annual salary or compensation earnable
      by a first  grade  firefighter  on  July  first,  nineteen  hundred  and
      sixty-five.  In  the  case  of  a  member  receiving a lesser retirement
      allowance, such retirement allowance shall be  increased  to  an  amount
      which will equal three-fourths of the earnable salary or compensation of
      a   first   grade  firefighter  on  July  first,  nineteen  hundred  and
      sixty-five. Such retirement allowance shall be computed as it would have
      been without deduction for outstanding loans and optional modifications.
        b. Such retirement allowance shall be payable to the same persons  and
      shall  be subject to the same terms and conditions, including provisions
      as to terminations, as the retirement allowance which would otherwise be
      payable to the members under section 13-364 of this  subchapter  or  any
      other law.
        c. The retirement allowance payable pursuant to the provisions of such
      subdivisions  a and b of this section shall be in lieu of any retirement
      allowance which would otherwise be payable on and  after  the  effective
      date  of  this  section  pursuant to the provisions of section 13-364 of
      this subchapter.
        d. Nothing in this section 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 this law becomes effective.