38-886

38-886. Accidental disability retirement; total
and permanent disability retirement; qualification; amount of
pension; conditions for continued payment of pension

A. A member may retire and receive an accidental disability pension or a total and
permanent disability pension if the local board finds that all of the following
conditions occur:

1. An application for disability retirement is filed with the retirement plan or
the local board by either the member or the member's participating employer after the
disabling incident or within one year after the date the member ceases to be an
employee. Timely application for an accidental or a total and permanent disability
pension is a prerequisite to receipt of the pension.

2. The member undergoes all medical examinations and tests ordered by the local
board and releases to the local board all medical reports and records requested by the
local board.

3. The local board determines that an accidental disability or total and permanent
disability condition exists which meets the requirements for accidental disability
retirement or total and permanent disability retirement.

B. The effective date of an accidental disability retirement or a total and
permanent disability retirement shall not predate the date of disability or the date the
member ceases to be an employee.

C. The amount of an accidental disability pension or a total and permanent
disability pension is equal to fifty per cent of the member's average monthly salary or
the amount computed using the member's average monthly salary and the member's actual
years of credited service, whichever is higher.

D. During the period, if any, between the effective date of accidental disability
retirement or total and permanent disability retirement and the date the disabled retired
member attains sixty-two years of age the local board may require a disabled retired
member to undergo periodic reevaluation of the continuation of accidental disability or
total and permanent disability. If the disabled retired member refuses to submit to
reevaluation, the local board may suspend payment of the pension. If the refusal
continues for one year, the local board may revoke the disabled retired member's rights
to the pension. An accidental disability pension or a total and permanent disability
pension is terminated if the local board finds the retired member no longer meets the
requirements for accidental disability retirement or total and permanent disability
retirement.

E. A member does not qualify for an accidental disability pension or a total and
permanent disability pension if the local board determines that the member's disability
results from any of the following:

1. An injury suffered while engaged in a felonious criminal act or enterprise.

2. Service in the armed forces of the United States which entitles the member to a
veteran's disability pension.

3. A physical or mental condition or injury that existed or occurred before the
member's date of membership in the plan.

F. Local boards shall base a finding of total and permanent disability and
accidental disability on medical evidence obtained by a medical doctor or clinic selected
by the local board and shall disregard any other medical evidence or opinions. If the
local board retains more than one medical doctor or clinic in connection with any case,
the local board shall resolve any material conflicts in the medical evidence that is
presented by the local board's medical doctors or clinics.