HARRY HUGHES, Governor

99

(3)   ON WRITTEN APPLICATION TO THE BOARD OF TRUSTEES
SETTING FORTH WHEN HE DESIRES TO BE RETIRED, ANY MEMBER WHO
IS NOT 62 YEARS BUT IS AT LEAST 55 YEARS OLD AND HAS
COMPLETED 15 YEARS OF ELIGIBILITY SERVICE MAY RETIRE ON AN
EARLY RETIREMENT ALLOWANCE.

(4)   ON EARLY RETIREMENT, A MEMBER SHALL RECEIVE AN
EARLY RETIREMENT ALLOWANCE WHICH SHALL BE EQUAL TO THE
SERVICE RETIREMENT ALLOWANCE COMPUTED AS PROVIDED IN
SUBSECTION (2) OF THIS SECTION ON THE BASIS OF HIS AVERAGE
FINAL COMPENSATION AND CREDITABLE SERVICE AT THE TIME OF
EARLY RETIREMENT, REDUCED BY 1/2 OF 1 PERCENT FOR EACH MONTH
BY WHICH HIS EARLY RETIREMENT DATE PRECEDES THE DATE HE
ATTAINS AGE 62.

(5)   (A) ON THE APPLICATION OF A MEMBER OR OF HIS
DEPARTMENT HEAD, ANY MEMBER WHO HAS HAD 5 OR MORE YEARS OF
ELIGIBILITY SERVICE MAY BE RETIRED BY THE BOARD OF TRUSTEES
ON AN ORDINARY DISABILITY RETIREMENT ALLOWANCE, IF THE
MEDICAL BOARD, AFTER A MEDICAL EXAMINATION OF THE MEMBER,
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.

(B) IN NO EVENT SHALL A MEMBER RECEIVE A
DISABILITY ALLOWANCE FOR A DISABILITY INCURRED PRIOR TO
ENROLLMENT IN THE RETIREMENT SYSTEM, EXCEPT TO THE EXTENT
THAT SUCH A DISABILITY WAS AGGRAVATED SUBSEQUENT TO THE
MEMBER'S ENROLLMENT.

(6)   ON RETIREMENT ON ORDINARY DISABILITY, A MEMBER
SHALL RECEIVE A SERVICE RETIREMENT ALLOWANCE, IF HE IS 62
YEARS OLD OR OLDER, OTHERWISE HE SHALL RECEIVE AN ORDINARY
DISABILITY RETIREMENT ALLOWANCE AS PROVIDED IN SUBSECTION
(2) OF THIS SECTION ON THE BASIS OF HIS AVERAGE FINAL
COMPENSATION AND WITH THE CREDITABLE SERVICE THAT HE WOULD
HAVE RECEIVED HAD HE CONTINUED IN SERVICE UNTIL HE WAS 62
YEARS OLD WITHOUT ANY CHANGE IN THE RATE OF HIS EARNABLE
COMPENSATION.

(7)   ON THE APPLICATION OF A MEMBER OR OF THE HEAD OF
HIS DEPARTMENT, ANY MEMBER WHO HAS BEEN TOTALLY AND
PERMANENTLY INCAPACITATED FOR DUTY AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT THAT OCCURS 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
THE MEMBER IS MENTALLY OR PHYSICALLY INCAPACITATED FOR THE
FURTHER PERFORMANCE OF DUTY, THE INCAPACITY IS LIKELY TO BE
PERMANENT, AND THE MEMBER SHOULD BE RETIRED. A BENEFICIARY
WHO IS ENTITLED TO AN ACCIDENTAL DISABILITY RETIREMENT