§88-284 Ordinary disability retirement. (a) Upon application of a member in service or on leave without pay, or the person appointed by the family court as guardian of an incapacitated member, any member who has ten or more years of credited service shall be retired by the board of trustees on an ordinary disability retirement allowance if the medical board, after a medical examination of the member, certifies that:

(1) The member is mentally or physically incapacitated for the further performance of duty at the time of application;

(2) The incapacity is likely to be permanent; and

(3) The member should be retired.

(b) Retirement shall become effective upon the date specified by the board, which shall be no earlier than thirty days after the date the application is filed.

(c) A member who is determined to be permanently incapacitated for the further performance of duty pursuant to subsection (a) shall receive an ordinary disability retirement allowance equal to the member's accrued normal retirement allowance unreduced for age. [L 1984, c 108, pt of §8; am L 1997, c 212, §6]