(a) If any employee of the City of Prichard, Alabama, while in the performance of his or her duties, becomes and is found to be temporarily totally disabled, mentally or physically, for services to the City of Prichard, by reason of service therein, the City Council of the City of Prichard, Alabama, shall order the payment of and there shall be paid from the proper fund herein provided for, to such disabled member, an amount equal to 50 percent of his or her compensation at the time of the commencement of the discovery of such disability or an amount equal to 50 percent of the average compensation of such employee for the then past four calendar years, or major fraction thereof during such total disability, whichever shall be the greater, which payment shall be made monthly or semi-monthly and for a period not longer than five years; and such disability shall be arrived at upon the authority of the City Council of the City of Prichard, after report from a reputable physician designated by the City Council of the City of Prichard, Alabama, and after consideration of such other evidence, medical or otherwise, which the City Council of the City of Prichard, Alabama, may desire to conduct, this provided such employee, during the same period is paid no salary as an employee of the City of Prichard, Alabama.
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Terms Used In Alabama Code 45-49A-81.08

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(b) Average annual compensation of any employee over the then past four calendar years as used in this section and as used hereafter from time to time in Sections 45-49A-81.09, 45-49A-81.10, 45-49A-81.11, and 45-49A-81.12 specifically, shall include in the then past four years the compensation of an employee for the major fraction of a year; provided, however, that in the devisor used to divide such total compensation in order to obtain the average only the full years and the fraction for which the compensation in the fractional year was paid shall be included.
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