§ 461. Accidental and occupationally related disability retirement

(a) Upon the application of a member or of his or her department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any member may be retired by the Retirement Board on an accidental disability retirement allowance, not less than 30 nor more than 90 days after filing such application; provided that the Retirement Board shall find on the basis of such evidence as may come before it, including a report by the Medical Board after a medical examination of such member, that the member is mentally or physically incapacitated for the further performance of duty as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee, that such accident was not the result of his or her gross negligence or willful misconduct, and provided that the Medical Board shall certify that such incapacity is likely to be permanent, and that the member should be retired. The Retirement Board may consult with a certified vocational rehabilitation counselor in determining whether the individual is incapacitated for the further performance of duty.

(b) Upon accidental disability retirement a member shall receive a normal retirement allowance if he or she shall have reached his or her normal retirement date; otherwise such a member shall receive a retirement allowance which shall be equal to:

(1) A normal retirement allowance payable at normal retirement date, based on the member's average final compensation at disability retirement and the number of years of creditable service the member would have completed had the member remained in service to his or her normal retirement date, multiplied by

(2) The ratio that the number of the member's years of creditable service at disability bears to the number of years of such service the member would have completed had the member remained in service to his or her normal retirement date; provided, however, that such allowance shall not be less than 25 percent of the member's average final compensation at the time of the member's disability retirement.

(c) Notwithstanding subsection (b) of this section, a group C member, upon accidental disability retirement, shall receive as a minimum an allowance which will, when added to the member's Social Security benefit, be equal to 50 percent of the member's average final compensation plus 10 percent of the member's average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23.

(d) Notwithstanding subsection (b) or (c) of this section, a member may not receive more than 50 percent of his or her average final compensation at the time of his or her disability retirement. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 2003, No. 38, § 2; 2007, No. 13, § 4.)