§88-336  Service-connected disabilityretirement.  (a)  Upon application of a class H member, or the personappointed by the family court as guardian of an incapacitated member, any classH member who has been permanently incapacitated for duty as the natural andproximate result of an accident occurring while in the actual performance ofduty at some definite time and place, or as the cumulative result of someoccupational hazard, through no wilful negligence on the member's part, may beretired by the board for service-connected disability; provided that:

(1)  In the case of an accident occurring after July1, 1963, the employer shall file with the system a copy of the employer'sreport of the accident submitted to the director of labor and industrial relations;

(2)  An application for retirement is filed with thesystem within two years of the date of the accident, or the date upon whichworkers' compensation benefits cease, whichever is later;

(3)  Certification is made by the head of the agencyin which the member is employed, stating the time, place, and conditions of theservice performed by the member resulting in the member's disability and thatthe disability was not the result of wilful negligence on the part of themember; and

(4)  The medical board certifies that the member isincapacitated for the further performance of duty at the time of applicationand that the member's incapacity is likely to be permanent.

(b)  In the case of sewer workers, the effectof the inhalation of smoke, toxic gases, chemical fumes, and other toxic vaporson the heart, lungs, and respiratory system shall be construed as an injuryreceived or disease contracted while in the performance of their duty and asthe result of some occupational hazard for the purpose of determiningoccupational disability retirement under this section.

Notwithstanding any other law to the contrary,any condition of impairment of health caused by any disease of the heart,lungs, or respiratory system resulting in permanent incapacity to a sewerworker shall be presumed to have been suffered in the actual performance ofduty at some definite time and place through no wilful negligence on the sewerworker's part, and as a result of the inherent occupational hazard of exposureto the inhalation of smoke, toxic gases, chemical fumes, and other toxicvapors, unless the contrary be shown by competent evidence; provided that thesewer worker shall have passed a physical examination on entry into suchservice or subsequent to such entry, which examination failed to reveal anyevidence of such condition.

(c)  The board may waive strict compliance withthe time limits within which a report of the accident and an application forservice-connected disability retirement must be filed with the board if it is satisfiedthat the failure to file within the time limited by law was due to ignorance offact or law, inability, or the fraud, misrepresentation, or deceit of anyperson, or because the applicant was undergoing treatment for the disability,or was receiving vocational rehabilitation services occasioned by thedisability.

(d)  The board may determine whether thedisability is the result of an accident occurring while in the actualperformance of duty at some definite time and place and that the disability wasnot the result of wilful negligence on the part of the member.  The board mayaccept as conclusive:

(1)  The certification made by the head of the agencyin which the member is employed; or

(2)  A finding to this effect by the medical board.

(e)  Upon approval by the board, the membershall be eligible to receive a service-connected disability retirement benefitafter the member has terminated service.  Retirement shall be effective on thefirst day of a month, except for the month of December when retirement on thefirst or last day of the month shall be allowed. [L 2004, c 179, pt of §1; am L2007, c 215, §25]