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Session Laws, 1988
Volume 770, Page 2879   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 325

more years of creditable service may be retired by the board of
trustees on a disability retirement allowance, provided that the
medical board, after a medical examination of such 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.
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.

(4) (A) 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.

(B) ANY MEMBER RETIRED UNDER THE PROVISIONS OF
SUBSECTION (3) OF THIS SECTION PRIOR TO JULY 1, 1973, WHOSE
RETIREMENT ALLOWANCE WAS REDUCED EFFECTIVE OCTOBER 1, 1986, SHALL
HAVE THE RETIREMENT ALLOWANCE RESTORED TO ITS FORMER AMOUNT IN
EFFECT ON OCTOBER 1, 1986, WITH APPROPRIATE RECOMPUTATION OF
COST-OF-LIVING ADJUSTMENTS.

(4a) 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. 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 disability was aggravated in the actual
performance of duty. No beneficiary entitled to an accidental
disability retirement allowance shall receive any allowance on
account of ordinary disability.

(4b) (A) 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:

- 2879 -

 

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Session Laws, 1988
Volume 770, Page 2879   View pdf image
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