§88-334  Ordinary disability retirement. (a)  Upon application of a class H member in service or on leave without pay,or the person appointed by the family court as guardian of an incapacitatedmember, any member who has ten or more years of credited service shall beretired by the board on an ordinary disability retirement allowance if themedical board, after a medical examination of the member, certifies that:

(1)  The member is mentally or physicallyincapacitated for the further performance of duty at the time of application;

(2)  The incapacity is likely to be permanent; and

(3)  The member should be retired.

(b)  Upon approval by the board, the membershall be eligible to receive an ordinary disability retirement benefit noearlier than thirty days from the date the application was filed or the datethe member terminated service, whichever is later.  Retirement shall beeffective on the first day of a month, except for the month of December whenretirement on the first or last day of the month shall be allowed.  A memberwhose application for an ordinary disability retirement allowance is approvedby the board while the member is still in service may terminate service andretire at any time following the approval; provided that retirement shall becomeeffective on the first day of the month following the month the applicantterminates employment or goes off the payroll, except for the month of Decemberwhen retirement on the first or last day of the month shall be allowed. [L2004, c 179, pt of §1; am L 2007, c 215, §24; am L 2009, c 121, §7]