§18521. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
[PL 1989, c. 409, §§11, 12 (NEW).]
1.
Disabled.
"Disabled" means that the member is mentally or physically incapacitated under the following conditions:
A.
The incapacity is expected to be permanent;
[PL 1989, c. 409, §§11, 12 (NEW).]
B.
That the member is unable to perform the essential functions of the member's employment position with reasonable accommodation;
[PL 2021, c. 277, §34 (AMD).]
C.
After the incapacity has continued for 2 years, the incapacity must render the member unable to engage in any substantially gainful activity for which the member is qualified by training, education or experience; and
[PL 1989, c. 409, §§11, 12 (NEW).]
D.
The incapacity may be revealed by examinations or tests conducted in accordance with section 18526.
[PL 1989, c. 409, §§11, 12 (NEW).]
[PL 2021, c. 277, §34 (AMD).]
2.
Employment position.
"Employment position" means:
A.
The position in which the member is employed at the time the member becomes incapacitated; or
[PL 1989, c. 409, §§11, 12 (NEW).]
B.
A position of comparable stature and equal or greater compensation and benefits which is made available to the member by the member's employer.
[PL 1989, c. 409, §§11, 12 (NEW).]
[PL 1989, c. 409, §§11, 12 (NEW).]
SECTION HISTORY
PL 1989, c. 409, §§11,12 (NEW). PL 2021, c. 277, §34 (AMD).