Section 70.685

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 70

Effective - 01 Jul 2000, 2 histories, see footnote   (history) 

  70.685.  Maximum disability benefit, effect of other benefits or remuneration received by retirant. — 1. If a disability allowance is payable under the provisions of section 70.680, and if the retirant is also receiving workers' compensation benefits under any workers' compensation or similar law on account of the same disability, or if the retirant is receiving remuneration for his or her personal services rendered in any gainful occupation or employment, then in no event shall the amount of the system allowance payable until the member would have attained his minimum service retirement age exceed the difference between the member's final monthly salary and the total of the following amounts:

  (1) The monthly workers' compensation benefit, if any; and

  (2) The monthly benefit, if any, payable from the federal Social Security Old Age, Survivors, and Disability Insurance Program on account of the same disability; and

  (3) The portion of any monthly remuneration received by the retirant for personal services rendered in any gainful occupation or employment which is more than the amount of such monthly remuneration being received at the time of the member's separation from service.

  2. For purposes of this section, the member's "final monthly salary" shall mean the monthly average of compensation paid to the member during the most recent calendar year preceding the member's separation from service.

  3. For purposes of this section, the "monthly remuneration being received at the time of the member's separation from service" shall mean one-twelfth of the member's remuneration for personal services rendered in any gainful occupation or employment not covered by the system during the most recent calendar year preceding the member's separation from service.

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(L. 1967 p. 141 § 18, A.L. 1971 S.B. 124, A.L. 1972 S.B. 454, A.L.  1980 S.B. 630, A.L. 2000 H.B. 1808)

Effective 7-1-00