Retirement for disability--periodic examination--subsequentreemployment and retirement.
169.322. 1. Upon the written application of an active member or ofthe person's employer's board, any active member who has five or more yearsof creditable service shall be retired by the board of trustees on adisability retirement allowance, if the medical board after a medicalexamination of such member, or based on such other medical information asthe medical board may require, shall certify that such member is mentallyor physically unable to perform such member's employment duties and thatsuch incapacity is likely to be permanent. Application for a disabilityretirement allowance may be made after the member ceases to be an activemember; provided that, the disability commenced while the member was anactive member, and further provided that application is made no later thansix months after the disabled member ceases to be an employee of his or heremployer. The first monthly payment of such disability retirementallowance shall not be made to such member so long as the member receivescompensation from the member's employer.
2. Upon retirement for disability, a member shall receive adisability retirement allowance which shall be determined in the samemanner as the service retirement allowance as set forth in section 169.324,but not less than the minimum disability retirement allowance provided inthis section. The minimum disability retirement allowance shall be thelesser of:
(1) Twenty-five percent of the person's average final compensation;or
(2) The member's service retirement allowance calculated based on themember's final average compensation and the maximum number of years ofcreditable service the member would have earned had the member remained anemployee until attaining the age of sixty.
3. Once each year during the first five years following a member'sretirement on a disability retirement allowance and once in everythree-year period thereafter, the board of trustees may require anydisability retirant who has not yet attained minimum normal retirement ageto undergo a medical examination at a place designated by the medicalboard, such examination to be made by the medical board or by a physicianor physicians designated by such board. Should any such disabilityretirant refuse to submit to such medical examination, the person'sdisability allowance may be discontinued until the person's withdrawal ofsuch refusal, and should the person's refusal continue for one year allrights in and to the person's disability allowance shall be revoked by theboard of trustees.
4. Should the board of trustees determine that any disabilityretirant who has not yet attained minimum normal retirement age is engagedin or is able to engage in a gainful occupation paying more than thedifference between the person's monthly disability retirement allowanceplus any Social Security benefits to which the person is eligible and thecurrent rate of monthly compensation for the position the person held atretirement, then the amount of the person's disability retirement allowanceshall be reduced to an amount which together with Social Security benefitsand the amount earnable by the person shall equal such current rate ofmonthly compensation. Should the person's earning capacity be laterchanged, the amount of the person's disability retirement allowance may befurther modified. The board of trustees may engage those persons, firms orcorporations which it deems necessary to assist the board of trustees inmaking any determination under this subsection.
5. Should any member retired for disability be restored to activeservice as a regular employee, the member's disability retirement allowanceshall cease and the member shall again become a member of the retirementsystem, and contribute thereunder. Anything in sections 169.270 to 169.400to the contrary notwithstanding, a disability retirant who has not attainedthe minimum normal retirement age at the date of again becoming a membershall have the person's creditable service at the time of the person'sdisability retirement restored, and the excess of the person's accumulatedcontributions at time of retirement over the total payments which theperson received during retirement shall be credited to the person'saccount. Upon subsequent retirement, the person shall be entitled to aservice retirement allowance to the extent the person meets the requisitequalifications, and the person's prior disability retirement allowanceshall not be resumed. If a disability retirant has attained the minimumnormal retirement age at the date of again becoming a member, thedisability retirement allowance the person was receiving immediately priorto restoration of membership shall be resumed on subsequent retirement,together with such retirement allowances as shall accrue by reason of theperson's latest period of membership. For the sole purpose of determiningthe person's eligibility for such additional retirement allowance, but notfor determining the amount, all of the person's years of creditableservice, whether before or after the person's period of disability, forwhich the person has made contributions which have not been withdrawn,shall be considered.
(L. 1943 p. 787 § 6, A.L. 1945 p. 1342, A.L. 1951 p. 477, A.L. 1957 p. 396 § 169.320, A.L. 1961 p. 369, A.L. 1967 1st Ex. Sess. p. 885, A.L. 1982 H.B. 1522, A.L. 1984 H.B. 1470, A.L. 1989 S.B. 146, A.L. 1993 S.B. 126, A.L. 1994 S.B. 575, A.L. 1998 H.B. 1299 merged with S.B. 761, A.L. 2004 H.B. 1502 merged with S.B. 1242)
Retirement for disability--periodic examination--subsequentreemployment and retirement.
169.322. 1. Upon the written application of an active member or ofthe person's employer's board, any active member who has five or more yearsof creditable service shall be retired by the board of trustees on adisability retirement allowance, if the medical board after a medicalexamination of such member, or based on such other medical information asthe medical board may require, shall certify that such member is mentallyor physically unable to perform such member's employment duties and thatsuch incapacity is likely to be permanent. Application for a disabilityretirement allowance may be made after the member ceases to be an activemember; provided that, the disability commenced while the member was anactive member, and further provided that application is made no later thansix months after the disabled member ceases to be an employee of his or heremployer. The first monthly payment of such disability retirementallowance shall not be made to such member so long as the member receivescompensation from the member's employer.
2. Upon retirement for disability, a member shall receive adisability retirement allowance which shall be determined in the samemanner as the service retirement allowance as set forth in section 169.324,but not less than the minimum disability retirement allowance provided inthis section. The minimum disability retirement allowance shall be thelesser of:
(1) Twenty-five percent of the person's average final compensation;or
(2) The member's service retirement allowance calculated based on themember's final average compensation and the maximum number of years ofcreditable service the member would have earned had the member remained anemployee until attaining the age of sixty.
3. Once each year during the first five years following a member'sretirement on a disability retirement allowance and once in everythree-year period thereafter, the board of trustees may require anydisability retirant who has not yet attained minimum normal retirement ageto undergo a medical examination at a place designated by the medicalboard, such examination to be made by the medical board or by a physicianor physicians designated by such board. Should any such disabilityretirant refuse to submit to such medical examination, the person'sdisability allowance may be discontinued until the person's withdrawal ofsuch refusal, and should the person's refusal continue for one year allrights in and to the person's disability allowance shall be revoked by theboard of trustees.
4. Should the board of trustees determine that any disabilityretirant who has not yet attained minimum normal retirement age is engagedin or is able to engage in a gainful occupation paying more than thedifference between the person's monthly disability retirement allowanceplus any Social Security benefits to which the person is eligible and thecurrent rate of monthly compensation for the position the person held atretirement, then the amount of the person's disability retirement allowanceshall be reduced to an amount which together with Social Security benefitsand the amount earnable by the person shall equal such current rate ofmonthly compensation. Should the person's earning capacity be laterchanged, the amount of the person's disability retirement allowance may befurther modified. The board of trustees may engage those persons, firms orcorporations which it deems necessary to assist the board of trustees inmaking any determination under this subsection.
5. Should any member retired for disability be restored to activeservice as a regular employee, the member's disability retirement allowanceshall cease and the member shall again become a member of the retirementsystem, and contribute thereunder. Anything in sections 169.270 to 169.400to the contrary notwithstanding, a disability retirant who has not attainedthe minimum normal retirement age at the date of again becoming a membershall have the person's creditable service at the time of the person'sdisability retirement restored, and the excess of the person's accumulatedcontributions at time of retirement over the total payments which theperson received during retirement shall be credited to the person'saccount. Upon subsequent retirement, the person shall be entitled to aservice retirement allowance to the extent the person meets the requisitequalifications, and the person's prior disability retirement allowanceshall not be resumed. If a disability retirant has attained the minimumnormal retirement age at the date of again becoming a member, thedisability retirement allowance the person was receiving immediately priorto restoration of membership shall be resumed on subsequent retirement,together with such retirement allowances as shall accrue by reason of theperson's latest period of membership. For the sole purpose of determiningthe person's eligibility for such additional retirement allowance, but notfor determining the amount, all of the person's years of creditableservice, whether before or after the person's period of disability, forwhich the person has made contributions which have not been withdrawn,shall be considered.
(L. 1943 p. 787 § 6, A.L. 1945 p. 1342, A.L. 1951 p. 477, A.L. 1957 p. 396 § 169.320, A.L. 1961 p. 369, A.L. 1967 1st Ex. Sess. p. 885, A.L. 1982 H.B. 1522, A.L. 1984 H.B. 1470, A.L. 1989 S.B. 146, A.L. 1993 S.B. 126, A.L. 1994 S.B. 575, A.L. 1998 H.B. 1299 merged with S.B. 761, A.L. 2004 H.B. 1502 merged with S.B. 1242)
Retirement for disability--periodic examination--subsequentreemployment and retirement.
169.322. 1. Upon the written application of an active member or ofthe person's employer's board, any active member who has five or more yearsof creditable service shall be retired by the board of trustees on adisability retirement allowance, if the medical board after a medicalexamination of such member, or based on such other medical information asthe medical board may require, shall certify that such member is mentallyor physically unable to perform such member's employment duties and thatsuch incapacity is likely to be permanent. Application for a disabilityretirement allowance may be made after the member ceases to be an activemember; provided that, the disability commenced while the member was anactive member, and further provided that application is made no later thansix months after the disabled member ceases to be an employee of his or heremployer. The first monthly payment of such disability retirementallowance shall not be made to such member so long as the member receivescompensation from the member's employer.
2. Upon retirement for disability, a member shall receive adisability retirement allowance which shall be determined in the samemanner as the service retirement allowance as set forth in section 169.324,but not less than the minimum disability retirement allowance provided inthis section. The minimum disability retirement allowance shall be thelesser of:
(1) Twenty-five percent of the person's average final compensation;or
(2) The member's service retirement allowance calculated based on themember's final average compensation and the maximum number of years ofcreditable service the member would have earned had the member remained anemployee until attaining the age of sixty.
3. Once each year during the first five years following a member'sretirement on a disability retirement allowance and once in everythree-year period thereafter, the board of trustees may require anydisability retirant who has not yet attained minimum normal retirement ageto undergo a medical examination at a place designated by the medicalboard, such examination to be made by the medical board or by a physicianor physicians designated by such board. Should any such disabilityretirant refuse to submit to such medical examination, the person'sdisability allowance may be discontinued until the person's withdrawal ofsuch refusal, and should the person's refusal continue for one year allrights in and to the person's disability allowance shall be revoked by theboard of trustees.
4. Should the board of trustees determine that any disabilityretirant who has not yet attained minimum normal retirement age is engagedin or is able to engage in a gainful occupation paying more than thedifference between the person's monthly disability retirement allowanceplus any Social Security benefits to which the person is eligible and thecurrent rate of monthly compensation for the position the person held atretirement, then the amount of the person's disability retirement allowanceshall be reduced to an amount which together with Social Security benefitsand the amount earnable by the person shall equal such current rate ofmonthly compensation. Should the person's earning capacity be laterchanged, the amount of the person's disability retirement allowance may befurther modified. The board of trustees may engage those persons, firms orcorporations which it deems necessary to assist the board of trustees inmaking any determination under this subsection.
5. Should any member retired for disability be restored to activeservice as a regular employee, the member's disability retirement allowanceshall cease and the member shall again become a member of the retirementsystem, and contribute thereunder. Anything in sections 169.270 to 169.400to the contrary notwithstanding, a disability retirant who has not attainedthe minimum normal retirement age at the date of again becoming a membershall have the person's creditable service at the time of the person'sdisability retirement restored, and the excess of the person's accumulatedcontributions at time of retirement over the total payments which theperson received during retirement shall be credited to the person'saccount. Upon subsequent retirement, the person shall be entitled to aservice retirement allowance to the extent the person meets the requisitequalifications, and the person's prior disability retirement allowanceshall not be resumed. If a disability retirant has attained the minimumnormal retirement age at the date of again becoming a member, thedisability retirement allowance the person was receiving immediately priorto restoration of membership shall be resumed on subsequent retirement,together with such retirement allowances as shall accrue by reason of theperson's latest period of membership. For the sole purpose of determiningthe person's eligibility for such additional retirement allowance, but notfor determining the amount, all of the person's years of creditableservice, whether before or after the person's period of disability, forwhich the person has made contributions which have not been withdrawn,shall be considered.
(L. 1943 p. 787 § 6, A.L. 1945 p. 1342, A.L. 1951 p. 477, A.L. 1957 p. 396 § 169.320, A.L. 1961 p. 369, A.L. 1967 1st Ex. Sess. p. 885, A.L. 1982 H.B. 1522, A.L. 1984 H.B. 1470, A.L. 1989 S.B. 146, A.L. 1993 S.B. 126, A.L. 1994 S.B. 575, A.L. 1998 H.B. 1299 merged with S.B. 761, A.L. 2004 H.B. 1502 merged with S.B. 1242)
