TX Civ Stat § 5.03 (2021)
2021 Texas Statutes|Vernon's Civil Statutes|Title 109 - Pensions|Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000|Article 5. Member Benefits|Section 5.03. Eligibility for Disability Retirement

Sec. 5.03. ELIGIBILITY FOR DISABILITY RETIREMENT.    (a)  An active member of the fund who is not eligible to receive a catastrophic injury disability annuity under Subsection (a-1) of this section is eligible to retire and receive a regular disability retirement annuity if the member:(1)  makes a written application for regular disability retirement with the board;(2)  is permanently disabled through injury or disease so as to be unable to perform the duties of any available position in the department and has been off active duty for a continuous period of not less than 30 days before the date of the application for disability retirement;(3)  has had all member contributions required by this Act made on the member's behalf;(4)  is not on indefinite suspension as described in Subsection (d) of this section; and(5)  has authorized the release to the board of all medical records dated on or after the date of initial application for employment with the department.(a-1)  An active member of the fund is eligible to retire and receive a catastrophic injury disability retirement annuity if the member:(1)  makes a written application for catastrophic injury disability retirement with the board;(2)  is permanently so disabled as a result of a catastrophic injury as to:(A)  be unable to secure any type of third-party employment, or engage in any self-employment, other than sporadic third-party or self-employment; and(B)  have, as a result of the lack of third-party employment or self-employment, an annual income less than the poverty level for one person in the 48 contiguous states of the United States as provided under the poverty guidelines published from time to time by the United States Department of Health and Human Services, or similar guidelines selected by the board;(3)  has had all member contributions required by this Act made on the member's behalf;(4)  is not on indefinite suspension as described in Subsection (d) of this section; and(5)  has authorized the release to the board of all medical records dated on or after the date of initial application for employment with the department.(a-2)  The following diseases, disorders, or injuries are not catastrophic injuries:(1)  heart disease or lung disease contracted as a result of repeated exposure to occupational environmental conditions over a period of months or years;(2)  an anxiety disorder, including post-traumatic stress disorder; or(3)  a soft-tissue back, neck, or spine injury, including a sprain, strain, subluxation, or repetitive stress injury, that does not result in paralysis, as determined by a physician authorized or appointed by the board.(b) A member of the fund who has a disability resulting from injury or disease incurred before the member became a fire fighter or police officer is not entitled to a disability retirement annuity based on that disability.(c)  Except as provided by Subsection (d) of this section, a member of the fund who is on suspension and who becomes disabled as a result of an injury sustained or disease contracted while the member is on suspension is eligible for a disability retirement annuity under Subsection (a) or (a-1) of this section, as applicable, if the suspended member makes up each deducted contribution lost by reason of the suspension not later than the 30th day after the later of the termination date of the suspension or the exhaustion of any appeal with respect to the suspension. A municipality to which this Act applies shall double-match all contributions made by a member under this subsection.(d) A member of the fund who is on indefinite suspension is not eligible for a disability retirement annuity until the final determination of the suspension and all appeals of that determination are exhausted.  A member of the fund who is on indefinite suspension is not entitled to a disability retirement annuity if the member is finally discharged.  A member of the fund who is on indefinite suspension but who is restored to duty or who is given a suspension for a specific period is eligible for a disability retirement annuity as provided by Subsection (a) of this section.(e) A member of the fund who applies for disability retirement under this section is subject to medical examination as determined by the board.(f) This section does not affect any rights under Section 5.02 of this Act.(g)  A disability retiree who becomes disabled before October 1, 2007, and who is otherwise qualified to receive a catastrophic injury disability retirement annuity under Subsection (a-1) of this section is eligible to receive an annuity under that subsection, subject to Section 5.04(a-2) of this Act.