§ 36-10-14 - Retirement for accidental disability.
SECTION 36-10-14
§ 36-10-14 Retirement for accidentaldisability. – (a) Medical examination of an active member for accidental disability andinvestigation of all statements and certificates by him or her or in his or herbehalf in connection therewith shall be made upon the application of the headof the department in which the member is employed or upon application of themember, or of a person acting in his or her behalf, stating that the member isphysically or mentally incapacitated for the performance of service as anatural and proximate result of an accident while in the performance of duty,and certify the definite time, place, and conditions of the duty performed bythe member resulting in the alleged disability, and that the alleged disabilityis not the result of willful negligence or misconduct on the part of themember, and is not the result of age or length of service, and that the membershould, therefore, be retired.
(b) The application shall be made within five (5) years ofthe alleged accident from which the injury has resulted in the members presentdisability and shall be accompanied by an accident report and a physiciansreport certifying to the disability; provided that if the member was able toreturn to his or her employment and subsequently reinjures or aggravates thesame injury, the application shall be made within the later of five (5) yearsof the alleged accident or three (3) years of the reinjury or aggravation. Theapplication may also state the member is permanently and totally disabled fromany employment.
(c) If a medical examination conducted by three (3)physicians engaged by the retirement board and such investigation as theretirement board may desire to make shall show that the member is physically ormentally incapacitated for the performance of service as a natural andproximate result of an accident, while in the performance of duty, and that thedisability is not the result of willful negligence or misconduct on the part ofthe member, and is not the result of age or length of service, and that themember has not attained the age of sixty-five (65), and that the member shouldbe retired, the physicians who conducted the examination shall so certify tothe retirement board stating the time, place, and conditions of serviceperformed by the member resulting in the disability and the retirement boardmay grant the member an accidental disability benefit.
(d) The retirement board shall establish uniform eligibilityrequirements, standards, and criteria for accidental disability which shallapply to all members who make application for accidental disability benefits.