HERBERT R. O'CONOR, GOVERNOR. 589

seventieth of his average final compensation multiplied by
the number of years of service certified on his prior service
certificate.

ORDINARY DISABILITY RETIREMENT BENEFIT.

(3) Upon the application of a member in service or of his
department head, any member who has had ten or more years
of creditable service may be retired by the Board of Trustees,
not less than thirty and not more than ninety days next fol-
lowing the date of filing1 such application, on an ordinary
disability retirement allowance, provided that the Medical
Board, after a medical examination of such member, shall
certify that such member is mentally or physically incapaci-
tated for the further performance of duty, that such incapacity
is likely to be permanent, and that such member should be
retired.

ALLOWANCE ON ORDINARY DISABILITY RETIREMENT.

(4) Upon retirement for ordinary disability a member
shall receive a service retirement allowance if he has attained
the age of 65, otherwise he shall receive an ordinary disability
retirement which shall consist of:

(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions at the time of retirement; and

(b) A pension which, together with his annuity, shall
provide a total retirement allowance equal to ninety per
centum of one-seventieth of his average final compensation
multiplied by the number of years of his creditable service,
if such retirement allowance exceeds one-quarter of his aver-
age final compensation; otherwise a pension which, together
with his annuity, shall provide a total retirement allowance
equal to one-quarter of his average final compensation, pro-
vided, however, that no such allowance shall exceed ninety
per centum of one-seventieth of his average final compensa-
tion multiplied by the number of years which would be
creditable to him were his service to continue until the
attainment of age 65.

ACCIDENTAL DISABILITY BENEFIT.

(5) Upon the application of a member in service, or of the
head of his department, any member who has been totally and
permanently incapacitated for duty as the natural and proxi-
mate result of an accident occurring while in the actual per-
formance of duty at some definite time and place, without
wilful negligence on his part, shall be retired by the Board of
Trustees, provided that the medical board shall certify that
such member is mentally or physically incapacitated for the