MARVIN MANDEL,

Governor

2107

HER department head, any member who has had five or more
years of creditable service may be retired by the board
of trustees on an ordinary disability retirement
allowance, [provided that] IF the medical board, after a
medical examination of [such] THE member, [shall certify
that such] CERTIFIES THAT THE member is mentally or
physically incapacitated for the further performance of
duty, that [such] THE incapacity is likely to be
permanent, and that [such] THE member should be retired
for the good of the Department.

(4)    (a) Upon retirement for ordinary disability
a member shall receive a service retirement allowance if
he OR SHE has attained the age of 50, otherwise he OR SHE
shall receive an ordinary disability retirement allowance
which shall be computed as one forty—fifth of his OR HER
average final compensation for each of the first
[twenty—five] 25 years of creditable service and one
ninetieth of his OR HER average final compensation for
each year after the first [twenty—five] 25 years of
creditable service, but in no event shall the total
retirement allowance be less than [thirty—five per centum
of his] 35 PERCENT OF HIS OR HER average final
compensation.

(b) Effective July 1, 1973, the provisions
of this subsection [shall be] ABE applicable to members
who retired prior to July 1, 1973.

(5)     Upon the application of a member or of the
head of his OR HER department, any member who has been
totally and permanently incapacitated for duty arising
out of or in the course of the actual performance of
duty, without wilful negligence on his OR HER part, shall
be retired by the board of trustees, [provided that] IF
the medical board [shall certify] CERTIFIES that [such]
THE member is mentally or physically incapacitated for
the further performance of duty, that [such] THE
incapacity is likely to be permanent, that [such] THE
incapacity arose out of or was sustained in the course of
the actual performance of duty without wilful negligence
on the part of the member concerned, and that [such] THE
member should be retired. No beneficiary entitled to a
special disability retirement allowance shall receive any
allowance on account of ordinary disability.

(6)     Upon retirement for special disability a
member shall receive a service retirement allowance if he
OR SHE has attained the age of 50; otherwise he OR SHE
shall receive a special disability retirement, allowance
which shall consist of:

(a) An annuity which shall be the actuarial
equivalent of his OR HER accumulated contributions at the