An ordinance amending Section 3.28.010 and Section 3.29.010 of the Metropolitan Code of Laws, changing the definition of disability.

Whereas, the Metropolitan Council has adopted a system of employee benefits for officers and employees of the Metropolitan Government; and

Whereas, the system of employee benefits adopted by the Metropolitan Council includes medical disability pensions and in-line-of-duty disability pensions for officers and employees of the Metropolitan Government; and

Whereas, the Study & Formulating Committee has issued an Interim Final Report, dated March 7, 2006, recommending that certain changes pertaining to the definition of disability be made to the Metropolitan Code provisions addressing disability pension benefits for officers and employees of the Metropolitan Government; and

Whereas, an actuarial determination of the cost of the changes recommended by the Study & Formulating Committee has been made; and

Whereas, the Metropolitan Employee Benefit Board has reviewed and unanimously approved the changes to the definition of disability recommended by the Study & Formulating Committee; and

Whereas, adoption of the changes recommended by the Study & Formulating Committee and approved by the Benefit Board, is in the best interest of the Metropolitan Government of Nashville and Davidson County and the employees thereof.

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

Section 1. That Section 3.28.010 of the Metropolitan Code of Laws is hereby amended by deleting subsection A in its entirety and substituting in lieu thereof the following new subsection:

A. A member whose termination occurs because of disability while he or she is a fireman or policeman or in the line of duty, as provided in Section 3.28.040, shall be deemed to be "disabled" (1) if the member becomes disabled as a result of medically determinable bodily injury or disease or mental disorder so that during the continuation of the member's disability following such disability the member is unable to perform the duties of any occupation in the metropolitan government which is offered to the member at a rate of earnings equal to or higher than the member was receiving at the time of the disability for which he or she is reasonably capable of performing by reason of training, education or experience, and (2) if, upon review of the continuing disability, it is determined that the member is incapable of engaging in any occupation in the Metropolitan Government, which is offered to the member at a rate of earnings equal to or higher than he or she was receiving at the time of the disability, so that the sum of the member's earnings while disabled and his or her gross disability pension does not exceed one hundred percent of the member's frozen earnings, subject, however, to all other requirements of this chapter.

Section 2. That Section 3.28.010 of the Metropolitan Code of Laws is hereby amended by deleting subsection B in its entirety and substituting in lieu thereof the following new subsection:

B. A member whose termination occurs because of disability, other than in the line of duty, and who is then not a fireman or policeman, shall be deemed to be "disabled" if he or she becomes disabled as a result of medically determinable bodily injury or disease or mental disorder and upon review of the continuing disability, it is determined the member is incapable of engaging in any occupation in the Metropolitan Government, which is offered to the member at a rate of earnings equal to or higher than he or she was receiving at the time of the disability, so that the sum of member's earnings while disabled and his or her gross disability pension does not exceed one hundred percent of the member's frozen earnings; subject, however, to all other requirements of this chapter.

Section 3. That Section 3.29.010 of the Metropolitan Code of Laws is hereby amended by deleting subsection A in its entirety and substituting in lieu thereof the following subsection:

A. A member whose termination occurs because of disability while he or she 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" (1) if the member becomes disabled as a result of medically determinable bodily injury or disease or mental disorder so that during the continuation of the member's disability following such disability the member is unable to perform the duties of any occupation in the metropolitan government which is offered to the member at a rate of earnings equal to or higher than the member was receiving at the time of the disability for which he or she is reasonably capable of performing by reason of training, education or experience, and (2) if, upon review of the continuing disability, it is determined that the member is incapable of engaging in any occupation in the Metropolitan Government, which is offered to the member at a rate of earnings equal to or higher than he or she was receiving at the time of the disability so that the sum of the member's earnings while disabled and his or her gross disability pension does not exceed one hundred percent of the member's frozen earnings, subject, however, to all other requirements of this chapter.

"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.

Section 4. That Section 3.29.010 of the Metropolitan Code of Laws is hereby amended by deleting subsection B in its entirety and substituting in lieu thereof the following subsection:

B. A member whose termination occurs because of disability other than in the line of duty and who is then not a fire fighter or policeman shall be deemed to be "disabled" if he or she becomes disabled as a result of medically determinable bodily injury or disease or mental disorder and upon a review of the continuing disability it is determined the member is incapable of engaging in any occupation in the Metropolitan Government, which is offered to the member at a rate of earnings equal to or higher than he or she was receiving at the time of the disability so that the sum of the member's earnings while disabled and his or her gross disability pension does not exceed one hundred percent of the member's frozen earnings, subject, however, to all other requirements of this chapter.

Section 5. That this ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Mike Jameson, Rip Ryman

LEGISLATIVE HISTORY
Introduced:	May 4, 2006
Passed First Reading:	May 4, 2006
Referred to:	Budget & Finance Committee Personnel Committee
Passed Second Reading:	May 16, 2006
Deferred:	June 6, 2006
Passed Third Reading:	June 20, 2006
Approved:	June 27, 2006
By: