§ 16-16-16. Retirement for accidental disability.
(a) Medical examination of an active teacher for accidental disability, and investigation
of all statements and certificates by him or her or in his or her behalf in connection
with the accidental disability, shall be made upon the application of the head of
the department in which the teacher is employed or upon application of the teacher,
or of a person acting in his or her behalf, stating that the teacher is physically
or mentally incapacitated for the performance of service as a natural and proximate
result of an accident, while in the performance of duty, and certify the definite
time, place, and conditions of the duty performed by the teacher resulting in the
alleged disability, and that the alleged disability is not the result of willful negligence
or misconduct on the part of the teacher, and is not the result of age or length of
service, and that the teacher should, therefore, be retired.
(b) The application shall be made within five (5) years of the alleged accident from which
the injury has resulted in the teacher's present disability, and shall be accompanied
by an accident report and a physician's report certifying to the disability; provided,
that, if the teacher was able to return to his or her employment and subsequently
reinjures or aggravates the same injury, the application shall be made within the
later of five (5) years of the alleged accident or three (3) years of the reinjury
or aggravation. The application may also state that the teacher is permanently and
totally disabled from any employment.
(c) If a medical examination conducted by three (3) physicians engaged by the retirement
board, and any investigation that the retirement board may desire to make, shall show
that the teacher is physically or mentally incapacitated for the performance of service
as a natural and proximate result of an accident, while in the performance of duty,
and that the disability is not the result of willful negligence or misconduct on the
part of the teacher, and is not the result of age or length of service, and that the
teacher has not attained the age of sixty-five (65) years, and that the teacher should
be retired, the physicians who conducted the examination shall so certify to the retirement
board stating the time, place, and conditions of service performed by the teacher
resulting in the disability, and the retirement board may grant the teacher an accidental
disability benefit.
(d) The retirement board shall establish uniform eligibility requirements, standards,
and criteria for accidental disability which shall apply to all members who make application
for accidental disability benefits.