§88-75  Ordinary disability retirement. (a)  Upon application of a member in service or on leave without pay, or theperson 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 bythe board of trustees 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 such 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. [L1925, c 55, §6(3); RL 1935, pt of §7925; RL 1945, §708, subs 3; am L 1951, c158, §1(a); RL 1955, §6-44; HRS §88-65; am L 1969, c 110, pt of §1; am L 1971,c 157, §1; am L 1973, c 37, §1; gen ch 1985; am L 1997, c 212, §1; am L 2002, c128, §5; am L 2006, c 185, §2; am L 2009, c 121, §1]