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Branson v. Municipal Fire & Police Retirement System of Iowa3/24/1999
ould have supported contrary inferences. . . ." Id. at 286-87 (citations omitted).
III. Applicable statutory provisions.
Branson contends that the System incorrectly applied Iowa Code section 411.6(5)(a) concerning the requisite showing for accidental disability retirement benefits.
Iowa Code chapter 411 establishes three types of retirement benefits for firefighters and police officers: (1) service retirement benefits as the result of age and/or service under section 411.6(1); (2) ordinary disability retirement benefits under section 411.6(3); and (3) accidental disability retirement benefits under section 411.6(5).
Branson would prefer an award of "accidental" disability retirement benefits over an award of "ordinary" disability retirement benefits because the amount paid under an award of "accidental" disability benefits is greater than the amount paid under an award of "ordinary" disability benefits. Compare Iowa Code § 411.6(6)(b) (calculating accidental disability retirement benefits at approximately sixty percent of the member's average salary), with id. § 411.6(4) (calculating ordinary disability retirement benefits at approximately fifty percent of member's average salary); accord City of Cedar Rapids v. Board of Trustees of the Mun. Fire & Police Retirement Sys., 572 N.W.2d 919, 922 (Iowa 1998). There may also be certain tax advantages. See City of Cedar Rapids, 572 N.W.2d at 922; Moon v. Board of Trustees of the Mun. Fire & Police Retirement Sys., 548 N.W.2d 565, 568 (Iowa 1996).
Iowa Code section 411.6(3) states when a member is entitled to ordinary disability retirement benefits and provides in pertinent part:
Ordinary disability retirement benefit. Upon application to the system, of a member in service or of the chief of the police or fire departments, respectively, any member shall be retired by the system, not less than thirty and not more than ninety days next following the date of filing the application, on an ordinary disability retirement allowance, if the medical board after a medical examination of the member certifies that the member is mentally or physically incapacitated for further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired. (Emphasis added.)
Iowa Code section 411.6(5)(a) pertaining to accidental disability retirement benefits states in part:
"Accidental disability benefit. "a. Upon application to the system, of a member in service or of the chief of the police or fire departments, respectively, any member who has become totally and permanently incapacitated for duty as the natural and proximate result of an injury or disease incurred in or aggravated by the actual performance of duty at some definite time and place, or while acting pursuant to order, outside of the city by which the member is regularly employed, shall be retired by the system, if the medical board certifies that the member is mentally or physically incapacitated for further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired." (Emphasis added.)
For purposes of this case, section 411.6(5)(a) can essentially be broken down into the following three elements:
"1) a total and permanent incapacitation for duty caused by an injury ; "2) the disabling injury occurred in the actual performance of duty; and "3) the injury occurred at some definite time and place."
See also City of Cedar Rapids, 572 N.W.2d at 922 (noting that three basic issues are usually present in a claim for accidental disability retirement benefits under section 411.6(5): (1) permanent incapac
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