[§88-334]  Ordinary disability retirement.  (a)  Upon application of a class H 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 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.  Retirement shall become effective on the first day of a month, except for the month of December when retirement on the first or last day of the month shall be allowed. [L 2004, c 179, pt of §1]