§ 24-51-702 — Disability programs

(1) The association shall provide for two
types of disability programs for disabilities incurred on or before termination of
employment:

(a) Short-term disability. A member who is found by the disability program
administrator to be mentally or physically incapacitated from performance of the
essential functions of the member's job with reasonable accommodation as
required by federal law, but who is not totally and permanently incapacitated from
regular and substantial gainful employment, shall be provided with reasonable
income replacement, or rehabilitation or retraining services, or a combination
thereof, under a program provided by the disability program administrator for a
period specified in the rules adopted by the board. The cost of the program shall be
funded by the association.

(b) Disability retirement. A member who is found by the disability program
administrator to be totally and permanently mentally or physically incapacitated
from regular and substantial gainful employment as of the date of termination of
employment shall be placed on disability retirement, and the association shall
provide to such person a benefit as calculated in section 24-51-704. The benefit
shall be paid directly by the association. A member of the judicial division shall also
be eligible for disability retirement upon the entry of an order of retirement
pursuant to section 23 of article VI of the state constitution for a disability
interfering with the performance of the member's duties that is, or is likely to
become, of a permanent nature.

Legislative History

Source: L. 97: Entire part R&RE, p. 776, � 12, effective January 1, 1999.