SECTION 1 - GENERAL

This regulation shall set forth the rules for the administration of any "Application for Disability Retirement in the Line of Duty" or any "Application for Disability Retirement not in the Line of Duty" filed pursuant to the provisions of Section 19 or Section 20, respectively, of the Charlotte Firefighters' Retirement System (CFRS) Act.

SECTION 2 - DEFINITIONS

    A.     Disability when used herein shall mean partial disability, temporary disability, total disability or total and permanent disability as defined herein.  Disability shall not include the following:

       (1)        Injuries, accidents and/or diseases resulting from or attributed to gross negligence of a Member;

       (2)        Occupational injuries, accidents and/or diseases resulting from or attributed to a Member's habitual failure to follow Charlotte Fire Department (CFD) Operational and/or Safety procedures; habitual failure is defined as 4 offenses, as determined by the Safety Board, in the 5 years prior to the debilitating incident;

       (3)        Injuries, accidents and/or diseases resulting from and/or attributed to a Member's participation in war, declared or undeclared, or any act of war; 

       (4)        Injuries, accidents and/or diseases resulting from and/or attributed to a Member's active participation in a riot;

       (5)        Injuries, accidents and/or diseases resulting from and/or attributed to a Member's intentionally self-inflicted injuries; or

       (6)        Injuries, accidents and/or diseases resulting from and/or attributed to a Member's participation in committing or attempting to commit a felony.

    B.     Partial disability means that a Member is unable to perform the substantial and material duties of his or her classification in the
Charlotte Fire Department, but is able to engage in other gainful occupation in which he or she might reasonably be expected to engage,   with due regard to his or her education, training and/or experience.

    C.     Temporary disability means that a Member is unable to perform the substantial and material duties of his or her classification in the Charlotte Fire Department.  The temporary disability determination is intended to be the original finding of disability with a subsequent reexamination of the Retiree.

    D.     Total Disability means that a Member is unable to engage in any gainful occupation   (including duties of previous classification) in which he or she might reasonably be   expected to engage, with due regard to his or her education, training and/or experience.

    E.     Total and permanent disability means that a Member is unable to perform the substantial and material duties of any classification in the Charlotte Fire Department.

SECTION 3 - DISABILITY RETIREMENT

    A.     A Member who has applied for disability retirement in the line of duty pursuant to the    provisions of Section 19 of the CFRS Act, and:

       (1)        was employed by the Charlotte Fire Department prior to February 26, 1990, may
be retired by the Board of Trustees as totally and permanently disabled or incapacitated for duty in the employ of the Charlotte Fire Department by reason of an injury, accident or occupational disease arising out of and in the course of  his or her actual performance of duty in employment with the Charlotte Fire Department provided that after a medical examination of the Member, by or under the direction of the Medical Board, the Medical Board certifies to the Board in writing that the Member is totally and permanently disabled or incapacitated for duty in the employ of the Charlotte Fire Department by reason of an injury, accident or occupational disease.

       (2)        was employed by the Charlotte Fire Department on or after February 26, 1990, may be retired as temporarily disabled as defined in Section 2 of this regulation,     for duty with the Charlotte Fire Department in his or her classification by reason of an occupational injury, accident or disease arising out of and in the course of his or her actual performance of duty in employment with the Charlotte Fire    Department.  The Administrator shall arrange for a medical examination of the  Member, by or under the direction of the Medical Board (CFRS Act, Section 36(c)).  After such medical examination of the Member, the Medical Board shall certify to the Administrator in writing that the Member is or is not temporarily disabled for duty with the Charlotte Fire Department in his or her classification by reason of an injury, accident or disease.

    B.     A Member who has applied for disability retirement not in the line of duty pursuant to Section 20 of the CFRS Act, and:

(1) was employed by the Charlotte Fire Department prior to February 26, 1980, may be retired by the Board of Trustees as totally and permanently disabled or incapacitated for duty in the employ of the Charlotte Fire Department by reason of injury, accident or disease that did not arise out of and in the course of his or her actual performance of duty in employment with the Charlotte Fire Department provided that after a medical examination of the Member, by or under the direction of the Medical Board, the Medical Board certifies to the Board in writing   that the Member is totally and permanently disabled or incapacitated for duty in the employ of the Charlotte Fire Department by reason of an injury, accident or     disease.

1. was employed by the Charlotte Fire Department on or after February  26, 1980 may be retired as temporarily disabled as defined in Section 2 of this regulation,     for duty with the Charlotte Fire Department in his or her classification by reason of an injury, accident or disease that did not arise out of and in the course of his or her actual performance of duty in employment with the Charlotte Fire Department.  The Administrator shall arrange for a medical examination of the Member, by or under the direction of the Medical Board.  After such medical examination of the Member, the Medical Board shall certify to the Administrator in writing that the Member is or is not temporarily disabled for duty with the Charlotte Fire Department in his or her classification by reason of an injury, accident or disease.

    C.     Within fourteen (14) days of the receipt of a medical report from the Medical Board as specified in subdivision A or B of this section, the Administrator shall mail a copy of such medical report to the Member.  Within ten (10) days of the mailing of such medical       report to the Member, the Administrator shall request the Board of Trustees to conduct a Board Hearing pursuant to the provisions of Section 6 of this regulation.  Such request for a Board Hearing shall be filed with the Chairman of the Board.

    D.     Upon the request of the Administrator, or the Member, a member of the Medical Board,    preferably the examining physician on the application, shall appear at the Board Hearing   to respond to any questions of a medical nature or to render any medical opinion necessary to clarify the medical report.

    E.     The determination by the Board of Trustees that a Member is not entitled to disability   retirement benefits under this section shall not prohibit such Member from filing another "Application for Disability Retirement in the Line of Duty" or "Application for Disability    Retirement not in the Line of Duty" at a later date, provided the application is based on  
additional or different facts bearing on the question of his disability.