§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)  Upon approval by the board, the member shall receive an ordinary disability retirement benefit no earlier than thirty days from the date the application was filed or the date the member terminated service, whichever is later.  A member whose application for an ordinary disability retirement allowance is approved by the board while the member is still in service may terminate service and retire at any time following such approval; provided that retirement shall become effective on the first day of the month following the month the applicant terminates employment or goes off the payroll, except for the month of December when retirement on the first or last day of the month shall be allowed.

     (c)  A member who is determined to be permanently incapacitated for the further performance of duty pursuant to subsection (a) and eligible to receive an ordinary disability retirement allowance shall receive a maximum retirement allowance of one and one-fourth per cent of the average final compensation multiplied by the number of years of credited service unreduced for age. [L 1984, c 108, pt of §8; am L 1997, c 212, §6; am L 2001, c 101, §4; am L 2002, c 128, §11; am L 2006, c 185, §3]

 

Note

 

  The 2006 amendment applies to ordinary disability retirement applications filed after July 1, 2006.  L 2006, c 185, §4.