2023 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 only if the member:
(1)  makes a written application for regular disability retirement with the board;
(2)  establishes to the satisfaction of the board that the member is permanently disabled through injury or disease so as to be unable to perform the duties of any available position in the department and, unless waived by the board, has been off active duty because of that injury or disease for a continuous period of not less than the 30 days preceding 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 disqualified from receiving a disability retirement annuity under 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 only if the member:
(1)  makes a written application for catastrophic injury disability retirement with the board;
(2)  establishes to the satisfaction of the board that the member 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 disqualified from receiving a disability retirement annuity under 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.
(a-3)  In making any determination under this section, the board may consider or require any evidence the board considers necessary or appropriate to make the determination.
(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)  A member who is on suspension for a specific period, including a member whose indefinite suspension is reversed or modified to a suspension for a specific period, 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, only if the suspended member makes up each contribution to the fund not made by the member by reason of the suspension not later than the 30th day after the later of the termination date of the suspension or the date the suspension becomes final in accordance with Section 6.105 of this Act.  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, excluding an indefinite suspension reversed or modified to be a suspension for a specific period, that becomes final in accordance with Section 6.105 of this Act or who is terminated by the municipality, is not entitled to a disability retirement annuity.
(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.