53 Pa. Stat. § 23612

Current through P.A. Acts 2023-32
Section 23612 - Totally and permanently disabled members; pension; medical examination

In addition to applicants eligible for pension pursuant to section eleven of this act, any member who has been admitted to membership in this fund, who has become totally and permanently disabled after ten years of service, shall be entitled to the said pension. Any person who has become totally and permanently disabled by reason of injury sustained in the actual performance of duty, shall be entitled to such pension. Such service shall include service in the armed forces of the United States or active service in the Pennsylvania State Militia when it has been mobilized for internal police duty whether such armed forces or militia service occurs prior to or during such city service. Proof of total and permanent disability shall consist of the sworn statement of three practicing physicians designated by the board that the employe is in a permanent condition of health which would totally disable him or her from performing the duties of his or her position or office. If the employe is a patient in a hospital operated by the United States, the Commonwealth of Pennsylvania, or any political subdivision thereof, the board may accept the sworn statement of the administrator of such hospital that the members of the medical staff of such hospital attending said employe are of the opinion that said employe is in a permanent condition of health which would totally disable him or her from performing the duties of his or her position or office. Once a year, or sooner if recommended by a physician, the board of pensions may require a disability pensioner to undergo a medical examination by three physicians appointed by the board, or if the pensioner is a patient in a hospital operated by the United States, the Commonwealth of Pennsylvania, or any political subdivision thereof, the board may require from the administrator of such hospital additional certification as to the continuance of the disability of said employe, and should such physicians or administrator thereupon report and certify the the board that such beneficiary is no longer incapacitated, and should the pension board concur in such report, the pension payments to such beneficiary shall be discontinued when the beneficiary is returned to active duty or has refused to return to active duty.

Payments to disabled members shall be made on or after July 1, 1959.

53 P.S. § 23612

1933, May 25, P.L. 1050, § 11.1, added 1955, June 28, P.L. 206, No. 65, § 2. Amended 1959, May 13, P.L. 312, § 2; 1959, Aug. 14, P.L. 715, § 1; 1965, Nov. 9, P.L. 679, § 6; 1968, March 21, P.L. 70, No. 26, § 2; 1974, Oct. 10, P.L. 730, No. 247, § 6, imd. effective.