A. Whenever any member of the Fire Department becomes mentally or physically disabled by reason of the immediate or direct performance or discharge of their duty, the board shall upon their written request, or without such request if it deems it to be for the good of the Fire Department, retire such person from the department and order and direct that they shall be paid from the fund during the period of their disability a pension equal to one-half of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement, or in the event of service less than three years in length, a pension equal to one-half the average monthly rate of salary which such member shall have received during such period of service; provided, however, that in the event such disabled member is eligible for service retirement benefits under the provisions of Section 4.20.070 hereof, they may elect to be retired for disability as in this section provided and receive the service retirement benefit for which they are eligible under said Section 4.20.070 in which case the pension payable to their surviving spouse, their child or children under the age of eighteen years, or their dependent mother or father, as the case may be, as provided in Section 4.20.100 hereof, shall be one-third of the average salary upon which said member’s pension was based. Such election shall be final and cannot be changed after the member has received any benefits thereunder.

B. In the event that such disability as covered in this section shall cease, such pension shall cease and such person shall be restored to active service at the rank which they held prior to such retirement; provided, however, that this provision shall not apply in the case of a member who has elected to receive the service retirement benefit as hereinabove in this section provided.

C. No provision of this section shall be construed to preclude the surviving spouse, child or children under the age of eighteen years, or dependent mother or father of any member who is disabled in the actual performance of duty, whether such member has received benefits under the provisions of this section, from applying for or receiving the benefits to which they may be entitled under the provisions of other sections of this chapter. (Ord. 3549-NS (part), 1957: Ord. 3458-NS (part), 1955: Ord. 3373-NS (part), 1954: Ord. 2625-NS (part), 1944: Ord. 2254-NS (part), 1939: Ord. 2188-NS § 13, 1938)