5398

COUNTY LOCAL LAWS

accrued after re—entering the system shall be used in
computing the amount of pension at subsequent retirement.

(e) Early retirement on full benefits.
Notwithstanding other provisions of this Article,
whenever a member's credited service plus age equals
eighty—five, the member may elect early retirement and
the early retirement reduction factors shall not apply,
providing the member has at least thirty—five years of
credited service.

SECTION IX. Section 42(f), title "Applicability of
revised benefits" is hereby deleted.

SECTION X. Sections 43(a), title "Disability
retirement procedures", 43(b), title "Non—service
connected disability retirement", 43(c) , title "Service
connected disability retirement", 43(d), title "Medical
re—examination of disability pensioner", 43(f), title
"Amount of pension at service connected disability
retirement", 43(g), title "Adjustment or cessation of
disability pension payments", and 43(h), title
"Administrative disability retirement", are hereby
amended to read as follows:

(a)      Disability retirement procedures. All
disability retirements shall be approved by the
Retirement Hearing Board, pursuant to the provisions of
Section 33—48. A disability retirement may not become
effective before a member uses all accrued sick leave and
accrued compensatory leave in excess of eighty hours, if
any.

(b)   Non—service connected disability retirement. A
member may be retired by the Retirement Hearing Board on
a non—service connected disability retirement if:

(1)    the member has ten years of credited
service;

(2)    the member has passed, at time of
employment, or subsequent thereto, but prior to becoming
disabled, a physical examination as required by the
County's Medical Standards. In extenuating
circumstances, the Retirement Hearing Board may waive
such requirement;

(3)    the member is mentally or physically
incapacitated for the further performance of duty, or in
the case of Group F members, is physically incapacitated
as the result of an injury, that the incapacity is not
due to willful negligence, and that the incapacity is