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: , <br /> y , . <br /> -2- <br /> In the case of injury, illness or disability arising <br /> out of and in the course of employment with the City, the City <br /> will pay the difference between such employee ' s regular salary <br /> or wages and any payments received by the employee from a <br /> public employee pension fund or under the provisions of work- <br /> men' s compensation or occupational disease laws , or either or <br /> both, for the duration of such disability, or a period of six <br /> calendar months from the date of commencement of disability, <br /> whichever is the shorter period of time. The determination <br /> of whether such injury, illness or disability arose out of and <br /> in the course of employment under this provision shall be the <br /> same as that made on the workmen' s compensation or occupational <br /> disease claim of said employee. Where said injury, illness or <br /> disability was caused under circumstances creating a legal <br /> liability for damages on the part of some person or entity other <br /> than the City, then if action is brought by the employee and <br /> judgment is obtained and paid, or settlement is made either with <br /> or without suit, then from the amount received by such employee <br /> the City shall be reimbursed for any and all amounts paid here- <br /> under. Out of any such reimbursement, the City shall pay its <br /> pro rata share of all costs and reasonably necessary expenses <br /> in connection with such recovery. If the employee does not <br /> bring action against such third party, then the City may in the <br /> same manner as is provided for recovery of workmen' s compensation <br /> payments bring action either in its name or the employee ' s name <br /> for such reimbursement. If any other benefit or payment is made <br /> or required to be made by the City to such employee, such shall <br /> be credited to the City against the payment of wage or salary <br /> provided by this section. <br /> Section 5. That those provisions of existing applicable ordinances <br /> in conflict with the provisions of this ordinance be, and the same are <br /> hereby, to the extent of such conflict, modified and amended to conform <br /> and accord with the provisions hereof, otherwise to remain in full force <br /> and effect. <br /> PRESENTED, PASSED, APPROVED and RECORDED this l ��,day of May, 1976 . <br /> _ �✓ <br /> MAYOR <br /> ATTEST: <br /> �f ' . <br /> C TY CLE <br />