CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

§5-10-25. Disability retirement.

(a) Upon the application of a member of the retirement system, or his or her present or past employing authority, any member who is in the employ of a participating public employer or was in the employ of a participating public employer on a date which is twelve months or less from the date upon which the member became incapacitated, who has ten or more years of credited service of which three years is contributing service, and who becomes totally and permanently incapacitated for employment, by reason of a personal injury or disease, may be retired by the board if after a medical examination of the member made by or under the direction of a medical committee consisting of two physicians, one of whom shall be named by the board, and one by the member, the medical committee reports, in writing, to the board that the member is physically or mentally totally incapacitated for employment, that the incapacity will probably be permanent, and that the member should be retired. In the event the two above-mentioned examining physicians do not agree in their findings, then the board may, at its discretion, appoint a third physician to examine the member and, based upon the third physician's report in writing, the board may retire the member. A member who was not in the employ of a participating public employer on a date which is twelve months or less from the date upon which the member became incapacitated may receive disability retirement under the provisions of this subsection if, in the opinion of the medical committee, the incapacity occurred during the time that the member was employed by a participating public employer and the incapacity otherwise qualifies the member for retirement under this subsection.

(b) A member with less than ten years of credited service shall have the service requirement provided in subsection (a) above (including the requirement of three years contributing service) waived in the event: (1) The board finds his or her total and permanent disability to be the natural and proximate result of a personal injury or disease arising out of and in the course of his or her actual performance of duty in the employ of a participating public employer; and (2) he or she is receiving or has received workers' compensation benefits on account of the physical or mental disability.

(c) For any member retiring and any member retired, as of March 1, 1970, he or she shall receive a straight life annuity computed according to section twenty-two hereof and he or she shall have the right to elect an option provided in section twenty-four hereof: Provided, That his or her straight life annuity payable to his or her attainment of age sixty-five years may not be less than fifty percent of his or her final average salary; and his or her straight life annuity payable from and after his or her attainment of age sixty-five years may not be less than twenty percent of his or her final average salary: Provided, however, That his or her annuity shall be subject to section twenty-six hereof.

Bills Affecting §5-10-25

2014 Regular Session: HB2013
2013 Regular Session: SB169
2013 Regular Session: HB2013
2012 Regular Session: SB155
2012 Regular Session: HB2363
2011 Regular Session: HB2363
2011 Regular Session: HB2939
2011 Regular Session: SB308
2011 Regular Session: SB312
2010 Regular Session: SB146
2010 Regular Session: HB2778
2010 Regular Session: SB331
2010 Regular Session: HB4181
2009 Regular Session: HB2778
2009 Regular Session: SB30
2008 Regular Session: HB2013
2008 Regular Session: SB40
2007 Regular Session: HB2013
2007 Regular Session: SB394
2006 Regular Session: HB2260
2006 Regular Session: HB2390
2006 Regular Session: SB427
2006 Regular Session: HB4650
2005 Regular Session: HB2260
2005 Regular Session: HB2390
2005 Regular Session: HB2831
2004 Regular Session: HB2513
2004 Regular Session: HB2725
2004 Regular Session: SB283
2004 Regular Session: HB4088
2004 Regular Session: HB4366
2003 Regular Session: HB2513
2003 Regular Session: HB2725
2003 Regular Session: SB6
2002 Regular Session: HB2341
2002 Regular Session: SB691
2001 Regular Session: HB2341
2001 Regular Session: HB2433
2001 Regular Session: SB27
2000 Regular Session: HB2087
2000 Regular Session: SB34
2000 Regular Session: HB4026
1999 Regular Session: HB2087
1999 Regular Session: HB2088
1999 Regular Session: SB53
1998 Regular Session: HB4399
1998 Regular Session: HB4400
1998 Regular Session: SB54
1997 Regular Session: HB2018
1997 Regular Session: SB325
1996 Regular Session: HB4215
1996 Regular Session: HB4625
1994 Regular Session: HB4205