A Jasper County judge has denied a challenge to the formula used to calculate disability payments for Joplin firefighters and police officers.

Circuit Judge David Mouton ruled in favor of the board of trustees for the Police and Firefighters Pension Fund and the city of Joplin in a lawsuit filed five years ago by a disabled firefighter and the firefighters union. Police officers did not join the lawsuit.

Tom Robertson left the fire department in January 2011 as the result of a lung disease caused by exposure to smoke while battling a fire.

He disputed the pay he received for the duty-related disability, which is slightly more than a third of the wages he made when he was working. He contended in the lawsuit that he should have received half.

That is the result of a provision that allows a reduction in the benefit for an injured employee for every year less than 20 years that the worker has been on the job.

The pension board and the city contended that members of the plan approved the change nearly 20 years ago when rules were changed to allow retirement after 20 years of service.

Robertson had worked 15 years and 11 months. His disability pay was awarded at 37.5 percent of his average pay, reduced for each of the five years he worked below the retirement level of 20 years. Robertson expected about $1,900 a month, but after the reduction, he received $1,400.

The lawsuit also challenged the practice of rounding down the years of service, in Robertson’s case to 15, instead of allowing credit for the months served as well.

Robertson’s attorneys also have argued that disability should count as a 20-year retirement because the duty injury or illness prevents officers or firemen from serving their full 20 years.

Mouton had previously ruled in favor of Robertson and the firefighters on one count of the lawsuit. The city appealed, and that ruling was overturned by the Court of Appeals in Springfield.

The remaining four counts of the lawsuit were then sent back to Mouton decide. Two of those counts were dismissed earlier by the firefighters, and Mouton presided at a July 19 trial held for the remaining two counts.

A judgment issued by Mouton on Friday found in favor of the city and the pension board on both counts.

The ruling is “disappointing,” Robertson said. “He ruled, but he didn’t give us a reason” behind his determination.

Robertson said the ruling means that coverage for new employees is so diluted that they may have to consider buying their own insurance to provide for their families. He also disputed statements made at the trial that if multiple officers or firefighters were injured or killed on the job, the claims could bankrupt the pension fund and even the city.

Disability insurance

Members of the pension plan this year approved a rule change that allows the pension board to buy disability insurance to pay claims, limiting the risks to the pension fund.