HARRY HUGHES, Governor

2143

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
allowance may not receive any allowance on account of
ordinary disability.

(B) A MEMBER MAY NOT RECEIVE AN ACCIDENTAL
DISABILITY ALLOWANCE FOR A DISABILITY INCURRED PRIOR TO
ENROLLMENT IN THE PENSION SYSTEM, EXCEPT TO THE EXTENT THAT
A DISABILITY WAS AGGRAVATED SUBSEQUENT TO THE MEMBER'S
ENROLLMENT.

145.

(5) (b) In no event shall a member receive a
disability allowance for a disability incurred prior to
enrollment in the [retirement] PENSION system, except to the
extent that such a disability was aggravated subsequent to
the member's enrollment.

(7) (A) On the application of a member or of his State
or county superintendent, any member who has been totally
and 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.

(B)  A beneficiary who is entitled to an
accidental disability retirement allowance may not receive
any allowance on account of ordinary disability.

(C)  A MEMBER MAY NOT RECEIVE AN ACCIDENTAL
ALLOWANCE FOR A DISABILITY INCURRED PRIOR TO ENROLLMENT IN
THE PENSION SYSTEM, EXCEPT TO THE EXTENT THAT A DISABILITY
WAS AGGRAVATED SUBSEQUENT TO THE MEMBER'S ENROLLMENT.

156.

(b) The benefits for ordinary disability for any
correctional officer in these classifications, who has
served as a correctional officer in one of these
classifications for at least 5 years immediately before
retirement, shall be computed as specified in this section.
The benefit for accidental disability shall be computed as
provided by § 11(7) of this article. In cases of vested
retirement allowance as provided under [§ 11(15)] § 11(16)
of this article, the benefits payable to any correctional