(1) Qualification.[23]

(a) Any member found to be mentally or physically totally incapacitated from the further performance of duty as the result of causes occurring not in the actual performance of duty to the City and who, as a member of Plan B, Plan D, Plan J, Plan L, or Plan Y has had ten (10) or more years of credited service, or who as a member of Plan A or Plan X has had five (5) years of credited service, or a member of Plan B or Plan D who is totally disabled, in which case such member is considered to have had at least ten (10) years of credited service, shall be deemed retired and shall receive ordinary disability retirement benefits.

(b) Notwithstanding subsection (a) above, if a member in Plan B, Plan L, or Plan Y who otherwise meets the requirements of this section separates while eligible for a vesting period lesser than ten years as is authorized by § 22-301(1)(c) or (d) and has made all necessary contributions to attain such eligibility, or completes such payments within 90 days of separation, such member shall be deemed retired and shall receive ordinary disability retirement benefits.

(2) Procedure.[24] To approve the application for such benefits the Board must find that:

(a) the member's disability is likely to be permanent;

(b) the disability existed while the member was in the employ of the City;

(c) such disability is not the result of dissipation, immoral habits or practices, or was not incurred in the commission of a crime; and

(d) the application for such benefits is filed within one (1) year after separation from service with the City, except as provided in § 22-401(3) (Service-Connected Disability Retirement Benefits).

Applications for ordinary disability retirement benefits shall be acted upon by the Board promptly upon receipt thereof. Subject to the provisions of § 22-1203 (Medical Panel) of this Title, the decision of the Board as to eligibility for benefits under this section shall be final and conclusive.

(3) Benefit amount. Upon retirement for ordinary disability, a member shall receive an annual disability benefit equal to the annual service retirement benefit calculated under § 22-301(3) (Service Retirement Benefits) based upon the member's credited service.

(4) Disqualification if qualified for service-connected disability retirement benefit. No member (other than a Fire Employee or Sheriff's Department employee referenced in § 22-401(3)), shall be retired on an ordinary disability retirement based on an incapacity that would entitle the member to a service-connected disability retirement benefit. Upon an application from such member for an ordinary disability retirement benefit, if the Board finds that the requirements of § 22-401(1) have been met, the member shall be retired on service-connected disability retirement benefits.

(5) Disqualification if receiving workers' compensation benefits. No member (other than a Fire Employee or Sheriff's Department employee referenced in § 22-401(3)) (Service-Connected Disability Retirement Benefits), shall be eligible for an ordinary disability benefit if entitled to workers' compensation benefits. Notwithstanding any other provision of this section, if the Board shall find that a disabled member (other than a Fire Employee or Sheriff's Department employee referenced in § 22-401(3))(Service-Connected Disability Retirement Benefits) who is receiving ordinary disability benefits is also receiving or is entitled to receive, for and during this period of disability, compensation from the City Treasury of the City, workers' compensation benefits or payments in the nature of workers' compensation benefits, the Board shall terminate such disability retirement benefits. Such a termination shall not preclude the member from applying for separation service retirement benefits at retirement age, provided all other eligibility requirements are met.

(6) Reduction of benefits. Notwithstanding any other provision in this section, should a disabled member (other than a Fire Employee or Sheriff's Department employee referenced in § 22-401(3)) receiving ordinary disability benefits be or become engaged in a gainful occupation, then the amount of the monthly disability benefits shall be reduced by one (1) dollar for every two (2) dollars earned. This offset shall cease when the member reaches retirement age under the member's coverage plan. A member who is receiving benefits under this section shall provide the Board with a copy of the federal income tax return with respect to any tax year in which the member received such benefits, by the first of May in the year following such tax year. The Board may suspend for the period of noncompliance benefit payments to any member who refuses to do so provided that benefit payments shall not cease until the resolution of any appeal to the Board.