An Ordinance amending Section 3.28.010 and Section 3.29.010 of the Metropolitan Code by amending the definition of disability to permit the determination of disability to continue the same as applied since 1963 by the Employee Benefit Board.

Whereas, the essential provisions in Chapter 3.28 and Chapter 3.29 of the Metropolitan Code relating to the definition of disability have remained unchanged since the adoption of the original Metropolitan Code in 1963; and

Whereas, an opinion of the Department of Law has been issued that interprets the definition of "disability" under certain circumstances that would change the determination of disability utilized by the Employee Benefit Board consistently since 1963; and

Whereas, it is in the best interest of the employees of Metropolitan Government and of the citizens of Metropolitan Government to amend the definition of "disability" to ensure that the granting of disability pensions continue to follow the past uniform practice.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Section 3.28.010 of the Metropolitan Code shall be and the same is hereby amended by deleting subsections A. and B. in their entirety and substituting in lieu thereof the following new subsections:

" A. A member whose termination occurs because of disability while he is a fire fighter or policeman or in the line of duty, as provided in Section 3.28.040, shall be deemed to be "disabled" if he becomes disabled as a result of medically determinable bodily injury or disease or mental disorder so that during the continuation of his disability he is unable to perform the duties any occupation in the metropolitan government which is offered to him at a rate of earnings equal to or higher than he was receiving at the time of his disability for which he is reasonably capable by reason of training, education or experience.

"Disability", when applied to a fire fighter or a policeman, shall mean the inability and/or the incapacity to perform the duties of a fire fighter or policeman.

B. A member whose termination occurs because of disability, other than in the line or duty, and who is then not a fire fighter or policeman, shall be deemed to be "disabled" if he becomes disabled as a result of medically determinable bodily injury or disease or mental disorder so that during the continuation of his disability he is unable to perform the duties any occupation in the metropolitan government which is offered to him at a rate of earnings equal to or higher than he was receiving at the time of his disability for which he is reasonably capable by reason of training, education or experience."

Section 2. Section 3.29.010 of the Metropolitan Code shall be and the same is hereby amended by deleting subsections A. and B. in their entirety and substituting in lieu thereof the following new subsections:

A. A member whose termination occurs because of disability while he is a fire fighter or policeman or in the line of duty, as provided in Section 3.29.040, shall be deemed to be "disabled" if he becomes disabled as a result of medically determinable bodily injury or disease or mental disorder so that during the continuation of his disability he is unable to perform the duties any occupation in the metropolitan government which is offered to him at a rate of earnings equal to or higher than he was receiving at the time of his disability for which he is reasonably capable by reason of training, education or experience.

"Disability", when applied to a fire fighter or a policeman, shall mean the inability and/or the incapacity to perform the duties of a fire fighter or policeman.

B. A member whose termination occurs because of disability, other than in the line or duty, and who is then not a fire fighter or policeman, shall be deemed to be "disabled" if he becomes disabled as a result of medically determinable bodily injury or disease or mental disorder so that during the continuation of his disability he is unable to perform the duties any occupation in the metropolitan government which is offered to him at a rate of earnings equal to or higher than he was receiving at the time of his disability for which he is reasonably capable by reason of training, education or experience."

Section 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: J. B. Loring, Harold White, Billy Walls, Tommy Bradley, Sam Coleman, Feller Brown, John Summers, Parker Toler, Rip Ryman, David Briley, Buck Dozier, Carl Burch, Jim Forkum, Jason Alexander, Ginger Hausser, Erik Cole, Jamie Isabel, Diane Neighbors, Pam Murray, Brenda Gilmore, Edward Whitmore, Carolyn Baldwin Tucker, Jim Shulman, Charlie Tygard, Lynn Williams, Michael Craddock, Greg Adkins, Michael Kerstetter, Jim Gotto, Chris Whitson, Adam Dread, Vivian Wilhoite, Jason Hart, Ludye Wallace, Amanda McClendon, Eric Crafton, Mike Jameson