38.1023d Disabled member; retirement allowance; annual examination.

278 words·~1 min read·/mi/chapter-38/38-1023d

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 23d.

(1)A member who meets the service requirements of section 23(1)(a) but not the age requirements of section 23(1)(b), a member who does not meet the requirements of section 23(10)(b), or a deferred vested member may receive a retirement allowance if the board has received a certification by not less than 2 licensed physicians appointed by the board stating that the member or deferred vested member is disabled from engaging in any substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death, or can be expected to last for a continuous period of 12 months or more.

(2)A member or deferred vested member who is determined eligible to receive a retirement allowance under subsection

(1)shall receive the retirement allowance applicable to that member or deferred vested member provided for in section 23(4), (5), or (6).

(3)A member who is currently receiving compensation as a legislator or lieutenant governor shall not receive a retirement allowance under this section.

(4)The board may provide for the examination by 1 or more licensed physicians designated by the board at least once a year of a person who is receiving a retirement allowance under this section during the continuance of the disability. The board shall not provide for an examination after the member attains 55 years of age.

History: Add. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 1998, Act 501 , Imd. Eff. Jan. 5, 1999 ;-- Am. 2002, Act 97 , Imd. Eff. Mar. 27, 2002