79-951 Retirement; disability; conditions; application.
79-951. Retirement;disability; conditions; application.(1) A membershall be retired on account of disability, either upon his or her own applicationor the application of his or her employer or a person acting in his or herbehalf, if a medical examination, made at the expense of the retirement systemand conducted by a competent disinterested physician legally authorized topractice medicine under the laws of the state in which he or she practices,selected by the retirement board, shows and the physician certifies to theretirement board that the member is unable to engage in a substantially gainfulactivity by reason of any medically determinable physical or mental impairment which began while the member was a participantin the plan and which can be expected to result in death or beof a long and indefinite duration. The medical examination may be waived if,in the judgment of the retirement board, extraordinary circumstances existwhich preclude substantial gainful activity by the member. Such circumstancesshall include hospice placement or similar confinement for a terminal illnessor injury.(2) The member shall have five years from the date he orshe terminates employment in a public school located in Nebraska in whichto make application for disability retirement benefits if the disability isrelated to employment in a public school located in Nebraska. If the disabilityis not related to a public school located in Nebraska, the member shall haveone year from the date he or she terminates employment in which to make applicationfor disability retirement benefits. Any application for retirement on accountof disability shall be made on a retirement application provided by the retirementsystem. Upon approval by the board, benefits shall begin on the disabilityretirement date. SourceLaws 1945, c. 219, § 24, p. 646; R.S.Supp.,1947, § 79-2924; Laws 1949, c. 256, § 457, p. 848; Laws 1963, c. 495, § 3, p. 1584; Laws 1975, LB 50, § 3; Laws 1987, LB 549, § 9; Laws 1991, LB 549, § 37; R.S.1943, (1994), § 79-1523; Laws 1996, LB 900, § 586; Laws 1996, LB 1076, § 27; Laws 1997, LB 623, § 25; Laws 1998, LB 1191, § 55; Laws 1999, LB 538, § 2; Laws 2000, LB 1192, § 15; Laws 2004, LB 1097, § 28; Laws 2010, LB950, § 16.Operative Date: July 1, 2010