A. Whenever any member of the Police or Fire Department shall become mentally or physically disabled in any manner other than by reason of the immediate or direct performance or discharge of duty, so that they shall be unable to perform the duties of a member of their department, and such member has five hundred dollars or more on deposit in accumulated contributions or has served as a member of the Police or Fire Department for ten or more years, the board shall upon their written request, or without such request if it deems it to be for the good of said Police or Fire Department, retire such person and order and direct that they shall be paid from the fund during the period of their disability a monthly pension as follows:

A sum equal to 1.5 percent 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 the average monthly rate of salary which such member shall have received during such period of service, multiplied by the number of years of service of such member. Provided, that if such member at the time of such retirement has more than ten years of service in the Police or Fire Department, the pension awarded under this section shall not be less than twenty-five percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the date of retirement.

B. In determining years of service for the purposes of this section, any period of service less than a full year shall be included on a fractional basis in accordance with the number of months served during such period less than a full year; for example, a member who has served for five years and five months shall be deemed to have five and five-twelfths years of service. In making such determination, fifteen days or more shall be counted as a full month; less than fifteen days shall not be counted as a month.

C. If a person pensioned under this section secures gainful employment at any time prior to the time that they would have been eligible for service retirement benefits under this chapter if they had not been granted a pension under the provisions of this section, the amount of the pension paid hereunder shall be reduced by the amount which their earnings from such gainful employment, plus the pension paid hereunder, exceeds the average salary upon which the pension is based. Such reduction shall continue only during the time that they are gainfully employed and during the time prior to the time that they would have been eligible for service retirement benefits under this chapter if they had not been granted a pension under the provisions of this section.

D. On or before the fifth day of each month, every person pensioned under this section who is gainfully employed shall file with the secretary of the board a report of their earnings from such gainful employment for the preceding month. The amount of the pension to be paid hereunder for the month following the month for which the report is made shall be determined in accordance with such earnings report and the provisions of this section. Such reports need not be filed by a person pensioned under this section who is not gainfully employed, nor by a person pensioned under this section after the time that they would have been eligible for service retirement benefits under this chapter if they had not been granted a pension under the provisions of this section.

E. Nothing provided in this section shall prejudice the rights of any member under Sections 4.28.160 or 4.28.170 of this chapter. (Ord. 3558-NS § 10, 1957)