§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 incapacitated
member, any member who has ten or more years of credited service shall be
retired by the board on an ordinary disability retirement allowance if the
medical board, after a medical examination of the member, certifies that:



(1)  The member is mentally or physically
incapacitated 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 member
shall be eligible to receive an ordinary disability retirement benefit no
earlier than thirty days from the date the application was filed or the date
the member terminated service, whichever is later.  Retirement shall be
effective on the first day of a month, except for the month of December when
retirement on the first or last day of the month shall be allowed.  A member
whose application for an ordinary disability retirement allowance is approved
by the board while the member is still in service may terminate service and
retire at any time following the approval; provided that retirement shall become
effective on the first day of the month following the month the applicant
terminates employment or goes off the payroll, except for the month of December
when retirement on the first or last day of the month shall be allowed. [L
2004, c 179, pt of §1; am L 2007, c 215, §24; am L 2009, c 121, §7]