HARRY HUGHES, Governor

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PERMANENTLY INCAPACITATED FOR DUTY AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT THAT OCCURRED 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, IF THE MEDICAL BOARD CERTIFIES THAT:

(I)   THE MEMBER IS MENTALLY OR PHYSICALLY
INCAPACITATED FOR THE FURTHER PERFORMANCE OF DUTY;

(II)  THE INCAPACITY IS LIKELY TO BE PERMANENT;
AND

(III) THE MEMBER SHOULD BE RETIRED.

A BENEFICIARY WHO IS ENTITLED TO AN ACCIDENTAL
DISABILITY RETIREMENT ALLOWANCE MAY NOT RECEIVE ANY
ALLOWANCE ON ACCOUNT OF ORDINARY DISABILITY.

(8)   (A) ON RETIREMENT FOR ACCIDENTAL DISABILITY, A
MEMBER SHALL RECEIVE A SERVICE RETIREMENT ALLOWANCE IF HE IS
62 YEARS OLD OR OLDER; OTHERWISE HE SHALL RECEIVE AN
ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE THAT SHALL
CONSIST OF:

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

(C)   A PENSION OF 66 2/3 PERCENT OF HIS AVERAGE
FINAL COMPENSATION, BUT HIS TOTAL ACCIDENTAL DISABILITY
RETIREMENT ALLOWANCE MAY NOT. EXCEED HIS AVERAGE FINAL
COMPENSATION.

(9)   (A) ONCE EACH YEAR DURING THE FIRST 5 YEARS
FOLLOWING THE RETIREMENT OF A MEMBER ON A DISABILITY
RETIREMENT ALLOWANCE, AND ONCE IN EVERY 3-YEAR PERIOD
THEREAFTER, THE BOARD OF TRUSTEES MAY, AND ON HIS
APPLICATION SHALL, REQUIRE ANY DISABILITY BENEFICIARY WHO
HAS NOT YET ATTAINED THE AGE OF 62 TO UNDERGO A MEDICAL
EXAMINATION. THE EXAMINATION MAY BE MADE AT THE PLACE OF
RESIDENCE OF THE BENEFICIARY OR ANY OTHER PLACE MUTUALLY
AGREED ON, BY A PHYSICIAN DESIGNATED BY THE BOARD OF
TRUSTEES. IF ANY DISABILITY BENEFICIARY WHO IS UNDER THE
AGE OF 62 REFUSES TO SUBMIT TO THE MEDICAL EXAMINATION, HIS
ALLOWANCE MAY BE DISCONTINUED UNTIL HE WITHDRAWS HIS
REFUSAL, AND IF HE CONTINUES TO REFUSE FOR 1 YEAR, ALL HIS
RIGHTS IN AND TO HIS PENSION MAY BE REVOKED BY THE BOARD OF
TRUSTEES.

(B) IF THE MEDICAL BOARD REPORTS AND CERTIFIES
TO THE BOARD OF TRUSTEES THAT ANY DISABILITY BENEFICIARY IS
ENGAGED IN OR IS ABLE TO ENGAGE IN A GAINFUL OCCUPATION THAT
PAYS MORE THAN THE DIFFERENCE BETWEEN HIS RETIREMENT
ALLOWANCE AND HIS AVERAGE FINAL COMPENSATION AND IF THE
BOARD OF TRUSTEES CONCURS IN THE REPORT, THEN THE AMOUNT OF
HIS PENSION SHALL BE REDUCED TO AN AMOUNT WHICH, TOGETHER
WITH HIS ANNUITY AND THE AMOUNT EARNABLE BY HIM, SHALL BE