BLAIR LEE III, Acting Governor                              531

MEMBER, SHALL CERTIFY THAT SUCH MEMBER IS MENTALLY OR
PHYSICALLY INCAPACITATED FOR THE FURTHER PERFORMANCE OF
DUTY, THAT SUCH INCAPACITY IS LIKELY TO BE PERMANENT, AND
THAT SUCH MEMBER SHOULD BE RETIRED.

(4)   ALLOWANCE ON DISABILITY RETIREMENT. --UPON

RETIREMENT FOR DISABILITY A MEMBER SHALL RECEIVE A SERVICE
RETIREMENT ALLOWANCE IF HE HAS ATTAINED AGE 60, OR HAS
COMPLETED 30 YEARS OF CREDITABLE SERVICE, OTHERWISE HE
SHALL RECEIVE A DISABILITY RETIREMENT ALLOWANCE WHICH SHALL
BE COMPUTED AS ONE FIFTY-FIFTH OF HIS AVERAGE FINAL
COMPENSATION MULTIPLIED BY THE NUMBER OF YEARS OF HIS
CREDITABLE SERVICE BUT NOT LESS THAN ONE QUARTER OF HIS
AVERAGE FINAL COMPENSATION; PROVIDED, HOWEVER, THAT NO SUCH
ALLOWANCE SHALL EXCEED ONE FIFTY-FIFTH OF HIS AVERAGE FINAL
COMPENSATION MULTIPLIED BY THE NUMBER OF YEARS WHICH WOULD
BE CREDITABLE TO HIM WERE HIS SERVICE TO CONTINUE UNTIL THE
ATTAINMENT OF AGE 60. EFFECTIVE JULY 1, 1973, THE
PROVISIONS OF THIS SUBSECTION SHALL APPLY TO MEMBERS WHO
RETIRED PRIOR TO JULY 1, 1973.

(4A) ACCIDENTAL DISABILITY RETIREMENT BENEFIT. —UPON
THE APPLICATION OF A MEMBER OR OF HIS STATE OR COUNTY
SUPERINTENDENT OF SCHOOLS, ANY MEMBER WHO HAS BEEN TOTALLY
AND PERMANENTLY INCAPACITATED FOR DUTY AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT OCCURRING WHILE IN THE
ACTUAL PERFORMANCE OF DUTY AT SOME DEFINITE TIME AND PLACE,
WITHOUT WILLFUL 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 FURTHER PERFORMANCE OF DUTY, THAT SUCH
INCAPACITY IS LIKELY TO BE PERMANENT, AND THAT SUCH MEMBER
SHOULD BE RETIRED. NO BENEFICIARY ENTITLED TO AN ACCIDENTAL
DISABILITY RETIREMENT ALLOWANCE SHALL RECEIVE ANY ALLOWANCE
ON ACCOUNT OF ORDINARY DISABILITY.

(4B) ALLOWANCE ON ACCIDENTAL DISABILITY RETIREMENT.
UPON RETIREMENT FOR ACCIDENTAL DISABILITY A MEMBER SHALL
RECEIVE A SERVICE RETIREMENT ALLOWANCE IF HE HAS ATTAINED
THE AGE OF 60; OTHERWISE HE SHALL RECEIVE AN ACCIDENTAL
DISABILITY RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF:

(A)   AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT
OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS
RETIREMENT; AND

(B)    A PENSION OF TWO-THIRDS OF   HIS AVERAGE FINAL
COMPENSATION, BUT IN NO EVENT SHALL HIS     TOTAL ACCIDENTAL
DISABILITY RETIREMENT ALLOWANCE EXCEED      HIS AVERAGE FINAL
COMPENSATION.

(5)   REEXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT
OF DISABILITY. — ONCE EACH YEAR DURING THE FIRST FIVE
YEARS FOLLOWING RETIREMENT OF A MEMBER ON A DISABILITY
RETIREMENT ALLOWANCE, AND ONCE IN EVERY THREE-YEAR PERIOD
THEREAFTER, THE BOARD OF TRUSTEES MAY, AND UPON HIS
APPLICATION SHALL REQUIRE ANY DISABILITY BENEFICIARY WHO HAS
NOT YET ATTAINED AGE 60 TO UNDERGO A MEDICAL EXAMINATION,