5399
MONTGOMERY COUNTY

likely to be permanent. In extenuating circumstances,
the Retirement Hearing Board may waive the requirement
that a member's incapacity is likely to be permanent, in
such cases, the Retirement Hearing Board may approve a
temporary disability retirement for one or more one-year
periods until the incapacity is either removed or it
becomes apparent that it is likely to be permanent.

(4) the member or the member's department
head has made application for disability retirement at
least thirty days before the date the retirement is to be
effective. The Retirement Hearing Board may waive the
thirty day application requirement period.

(5) the member is not eligible for service
connected disability retirement.

Years of credited service of less than a full year
will be pro—rated; any days of credited service in excess
of fifteen days shall equal one month, and any service of
less than fifteen days will not be counted.

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

(1)   the member is totally incapacitated for
duty or partially and permanently incapacitated for duty
as the natural and proximate result of an accident
occurring, or an occupational disease incurred while in
the actual performance of duty at some definite time or
place, that the incapacity is not due to willful
negligence, and the incapacity is likely to be permanent.
In extenuating circumstances, the Retirement Hearing
Board may waive the requirement that a member's
incapacity is likely to be permanent. In such cases, the
Retirement Hearing Board may approve a temporary
disability retirement for one or more one—year periods
until the incapacity is either removed or it becomes
apparent that it is likely to be permanent.

(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 or the member's department
head has made application for disability retirement at
least thirty days before the date the retirement is to be
effective. The Retirement Hearing Board may waive the
thirty day application requirement period.