reglab/housing_qa huggingface dataset:
5 ME Rev Stat § 17810 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 1: GENERAL PROVISIONS|5 §17810. Earnable compensation continued

 §17810. Earnable compensation continued For purposes of determining benefits under this chapter, the earnable compensation of a member retired with a disability retirement allowance under article 3 is assumed to be continued after his date of termination of service:   [PL 1985, c. 801, §§ 5, 7 (NEW).]1.  Rate.  At the same rate as received immediately before the date of termination of service; and   [PL 1985, c. 801, §§ 5, 7 (NEW).] 2.  Percentage adjustments.  Subject to the same percentage adjustments, if any, that may apply to the amount of retirement allowance of the beneficiary under section 17806.   [PL 1985, c. 801, §§ 5, 7 (NEW).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW).
5 ME Rev Stat § 17811 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 1: GENERAL PROVISIONS|5 §17811. Election to reduce or discontinue benefits

 §17811. Election to reduce or discontinue benefits Any retiree or member who is retired or will retire may elect to reduce or discontinue receiving any benefit upon written request, duly certified and acknowledged, to the executive director.   [PL 1985, c. 801, §§ 5, 7 (NEW).]SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW).
5 ME Rev Stat § 17812 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 1: GENERAL PROVISIONS|5 §17812. Limitation on benefits

 §17812. Limitation on benefits Benefits are limited as follows.   [PL 1987, c. 256, §11 (NEW).]1.  One benefit only.  A beneficiary may select only one benefit, regardless of how many benefits he qualifies for.   [PL 1987, c. 256, §11 (NEW).] 2.  Election final.  Except as provided in section 17803, subsection 4, and section 17953, subsection 8, if a beneficiary elects a benefit after receiving reasonable notification of available options from the retirement system, the beneficiary's election of benefit is final and may not be changed or revoked at a later date.   [PL 1991, c. 548, Pt. A, §2 (AMD).] SECTION HISTORY PL 1987, c. 256, §11 (NEW). PL 1991, c. 548, §A2 (AMD).
5 ME Rev Stat § 17851-B (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §17851-B. Special plan for fire marshal investigators and fire marshal sergeants

 §17851-B. Special plan for fire marshal investigators and fire marshal sergeants 1.  Establishment and applicability.  Effective July 1, 2020, there is established a special retirement plan for fire marshal investigators, fire marshal senior investigators, fire marshal sergeants and assistant state fire marshal-investigations, referred to in this section as "the special plan." The special plan applies to a state fire marshal investigator, state fire marshal senior investigator, state fire marshal sergeant and assistant state fire marshal-investigations.   [PL 2021, c. 398, Pt. LLL, §2 (AMD).] 2.  Qualification for benefits.  A member employed in any of the positions specified in subsection 1 qualifies for a service retirement benefit after completing 20 years of creditable service in that capacity, whether or not the creditable service included in determining that the 20-year requirement has been met was earned under the special plan established in this section or prior to its establishment.   [PL 2019, c. 482, §2 (NEW).] 3.  Purchase of service credit to be used for qualification for benefits.  This subsection governs the use of purchased service credit in order to qualify for benefits under this section. For the purpose of meeting the qualification requirement of subsection 2:   A. Service credit purchased by repayment of an earlier refund of accumulated contributions following termination of service is included if the time to which the refund relates was served in any one or a combination of the positions specified in subsection 1, regardless of whether the time was served before or after the establishment of the special plan; and   [PL 2019, c. 482, §2 (NEW).]B. Service credit purchased other than as provided under paragraph A is not included.   [PL 2019, c. 482, §2 (NEW).][PL 2019, c. 482, §2 (NEW).] 4.  Computation of benefits.  The amount of the service retirement benefit for members qualified under subsection 2 is 1/2 of the person's average final compensation and an additional 2% of the person's average final compensation for each year of membership service not included in determining qualification under subsection 2.   [PL 2019, c. 482, §2 (NEW).] 5.  Contributions.  Notwithstanding any other provision of subchapter 3, after June 30, 2020, a member in a position specified in subsection 1 shall contribute to the State Employee and Teacher Retirement Program or have pick-up contributions made at the rate of 8.65% of earnable compensation until the member has completed 20 years of creditable service as provided in this section and at the rate of 7.65% thereafter.   [PL 2019, c. 482, §2 (NEW).] SECTION HISTORY PL 2019, c. 482, §2 (NEW). PL 2021, c. 398, Pt. LLL, §2 (AMD).
5 ME Rev Stat § 17853 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §17853. Law governing benefit determination

 §17853. Law governing benefit determination 1.  Termination on or after January 1, 1976.  If a member's final termination of service occurred on or after January 1, 1976, the retirement system law in effect on the date of termination shall govern the member's service retirement benefit.   [PL 1985, c. 801, §§ 5, 7 (NEW).] 2.  Termination before January 1, 1976.  If a member's final termination of service occurred before January 1, 1976, the retirement system law in effect on January 1, 1976 shall govern the member's service retirement benefit.   [PL 1985, c. 801, §§ 5, 7 (NEW).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW).
5 ME Rev Stat § 17854 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §17854. Minimum benefit

 §17854. Minimum benefit Any member who has 10 or more years of creditable service at retirement is entitled to a minimum service retirement benefit of $100 per month.   [PL 1985, c. 801, §§ 5, 7 (NEW).]SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW).
5 ME Rev Stat § 17855 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §17855. Restoration to service (REPEALED)

 §17855. Restoration to service (REPEALED)SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 739, §§27,48 (AMD). PL 1997, c. 769, §18 (AMD). PL 2001, c. 442, §1 (RP).
5 ME Rev Stat § 17856 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §17856. Interchangeable benefits for law enforcement officers

 §17856. Interchangeable benefits for law enforcement officers Any service retirement benefits earned by a law enforcement officer under this article which are substantially similar or equal are interchangeable.   [PL 1985, c. 801, §§ 5, 7 (NEW).]SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW).
5 ME Rev Stat § 17858 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §17858. Retirement incentive option (REPEALED)

 §17858. Retirement incentive option (REPEALED)SECTION HISTORY PL 1991, c. 528, §EEE15 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §EEE15 (NEW). PL 1991, c. 618, §3 (AMD). PL 1991, c. 618, §7 (AFF). PL 1993, c. 159, §1 (AMD). PL 1993, c. 159, §2 (AFF). PL 1993, c. 415, §L1 (RP).
5 ME Rev Stat § 17858-A (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §17858-A. Retirement incentive option (REPEALED)

 §17858-A. Retirement incentive option (REPEALED)SECTION HISTORY PL 1993, c. 415, §L2 (NEW). PL 1993, c. 415, §L4 (AFF). RR 1997, c. 2, §21 (COR). PL 2001, c. 442, §3 (RP).
5 ME Rev Stat § 17858-B (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 2: SERVICE RETIREMENT BENEFITS|5 §17858-B. Retirement; creditable service

 §17858-B. Retirement; creditable service 1.  Retirement incentive.  Any state employee, as defined in section 17001, subsection 40, except employees of the Maine Community College System, who, by April 1, 1996, has reached normal retirement age and has 10 or more years of creditable service and who gives notice to the Maine Public Employees Retirement System no later than February 1, 1996 and who retires effective no later than April 1, 1996 is entitled to receive, at the employee's option, either 3 months' base salary paid as a lump sum to be paid on July 1, 1996 or the equivalent amount in monthly cash payments toward retiree dependent medical insurance equal to the current percentage contribution rate for dependent coverage for state employees.   Payment of the retirement incentive under this subsection must be made by the employing agencies and may not be made from the funds of the Maine Public Employees Retirement System.   Payment of the retirement incentive under this subsection may not be used in the calculation of the employee's average final compensation or creditable service.   [PL 1995, c. 502, Pt. R, §1 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF); PL 2007, c. 58, §3 (REV).] 2.  Vacant position.  The department or agency from which any state employee retires under subsection 1 either may not fill the resulting vacant position or, if that position is filled, shall maintain a vacant position elsewhere within the department or agency until the State's costs associated with the retirement have been recovered. Alternatively, the Governor may recover these costs by maintaining an offsetting vacancy in another department or agency or by utilizing other salary savings.   [PL 1995, c. 502, Pt. R, §1 (NEW).] 3.  Payment of fixed costs.  With respect to each employee who retires under subsection 1, the State shall pay the amount of the State Employee and Teacher Retirement Program's unfunded liability payment, the Maine Public Employees Retirement System's administrative cost payment and the retiree health care payment associated with the employee.   [PL 2007, c. 491, §173 (AMD).] 4.  Policies and procedures.  The Executive Director of the Maine Public Employees Retirement System shall establish policies and procedures for the implementation of this section, including notice and payment requirements, that ensure that no unfunded liability results to the State Employee and Teacher Retirement Program.   [PL 2007, c. 491, §174 (AMD).] SECTION HISTORY PL 1995, c. 502, §R1 (NEW). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2007, c. 58, §3 (REV). PL 2007, c. 491, §§173, 174 (AMD).
5 ME Rev Stat § 17901 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17901. Definition

 §17901. Definition As used in this article, unless the context otherwise indicates, "disabled" means mentally or physically incapacitated:   [PL 1985, c. 801, §§ 5, 7 (NEW).]1.  Permanent.  To the extent that it is impossible to perform the duties of his employment position and the incapacity can be expected to be permanent; and   [PL 1985, c. 801, §§ 5, 7 (NEW).] 2.  Revealed by examination.  So that the incapacity will be revealed by medical examination or tests conducted in accordance with section 17903.   [PL 1985, c. 801, §§ 5, 7 (NEW).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW).
5 ME Rev Stat § 17901-A (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17901-A. Applicability

 §17901-A. Applicability This article applies to all disabilities for which written applications are received by the executive director before October 1, 1989. All disabilities for which written applications are received by the executive director after September 30, 1989, are subject to article 3-A.   [PL 1989, c. 409, §§7, 12 (NEW).]SECTION HISTORY PL 1989, c. 409, §§7,12 (NEW).
5 ME Rev Stat § 17902 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17902. Application

 §17902. Application 1.  Written application.  In order to receive a benefit under this article, the person must apply in writing to the executive director in the format specified by the executive director.   A. The executive director shall obtain medical consultation on each applicant for disability retirement benefits in accordance with related rules established by the board. Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter 2‑A. Medical consultation obtained by the executive director must be objective and be provided by a medical provider or medical providers qualified to review the case by specialty or experience and to whom the applicant is not known.   [PL 2021, c. 277, §19 (AMD).][PL 2021, c. 277, §19 (AMD).] 2.  Approval.  The written application must be approved by the executive director.   [PL 1985, c. 801, §§5, 7 (NEW).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 1995, c. 643, §5 (AMD). PL 2017, c. 88, §22 (AMD). PL 2021, c. 277, §19 (AMD).
5 ME Rev Stat § 17903 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17903. Examination or tests

 §17903. Examination or tests The examination or tests to determine whether a member is disabled under section 17901 are governed as follows.   [PL 1985, c. 801, §§ 5, 7 (NEW).]1.  Agreed upon medical provider.  The examination or tests must be conducted by a qualified medical provider mutually agreed upon by the executive director and member claiming to be disabled.   [PL 2017, c. 88, §23 (AMD).] 2.  Agreed upon place.  The examination or tests shall be conducted at a place mutually agreed upon by the executive director and member claiming to be disabled.   [PL 1985, c. 801, §§ 5, 7 (NEW).] 3.  Costs.  The costs incurred under subsections 1 and 2 shall be paid by the retirement system.   [PL 1985, c. 801, §§ 5, 7 (NEW).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 2017, c. 88, §23 (AMD).
5 ME Rev Stat § 17904 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17904. Qualification for benefit

 §17904. Qualification for benefit 1.  Qualification.  Except as provided in subsection 2, a member qualifies for a disability retirement benefit if the member becomes disabled while in service and before reaching normal retirement age.   A.   [PL 1991, c. 887, §4 (RP).]B.   [PL 1991, c. 887, §4 (RP).][PL 1997, c. 384, §4 (AMD).] 2.  Exception.  A member with fewer than 5 years of continuous creditable service immediately preceding that member's application for a disability retirement benefit is not eligible for that benefit if the disability is the result of a physical or mental condition that existed before the member's latest membership in any retirement program of the Maine Public Employees Retirement System, unless the disability is a result of, or has been substantially aggravated by, an injury or accident received in the line of duty but from events or circumstances not usually encountered within the scope of the member's employment.   [PL 2007, c. 491, §175 (AMD).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 434, §1 (AMD). PL 1991, c. 887, §4 (AMD). PL 1997, c. 384, §4 (AMD). PL 2007, c. 491, §175 (AMD).
5 ME Rev Stat § 17905 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17905. Computation of benefit

 §17905. Computation of benefit When a member qualified under section 17904 retires, the member is entitled to receive a disability retirement benefit equal to 66 2/3% of the member's average final compensation.   [PL 1997, c. 384, §5 (RPR).]SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 1991, c. 887, §5 (AMD). PL 1993, c. 595, §7 (AMD). PL 1995, c. 643, §6 (AMD). PL 1997, c. 384, §5 (RPR).
5 ME Rev Stat § 17908 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17908. Statement of health (REPEALED)

 §17908. Statement of health (REPEALED)SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 1995, c. 643, §7 (RP).
5 ME Rev Stat § 17909 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17909. Statement of compensation

 §17909. Statement of compensation 1.  Requirement.  The executive director shall require each beneficiary of a disability retirement benefit to submit, each calendar year, a statement of his compensation received from engaging in any gainful occupation during that year.   [PL 1985, c. 801, §§ 5, 7 (NEW).] 2.  Failure to submit statement.  Failure to submit the statement under subsection 1, shall result in the following:   A. If the beneficiary fails to submit the statement required under subsection 1 within 30 days of receipt of the executive director's request for the statement, the beneficiary's disability retirement benefit shall be discontinued until the statement is submitted; or   [PL 1985, c. 801, §§ 5, 7 (NEW).]B. If the beneficiary fails to submit the statement required under subsection 1, within one year of receipt of the executive director's request for the statement, all the beneficiary's rights to further benefits shall cease.   [PL 1985, c. 801, §§ 5, 7 (NEW).][PL 1985, c. 801, §§ 5, 7 (NEW).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW).
5 ME Rev Stat § 17910 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3: DISABILITY RETIREMENT BENEFITS|5 §17910. Voluntary return to service

 §17910. Voluntary return to service 1.  Right to reinstatement.  If the beneficiary of a disability retirement benefit decides that he is no longer incapacitated and is able to perform the duties of his employment position, the employer for whom he last worked prior to becoming disabled shall reinstate the person to the first available position for which the beneficiary is qualified and is consistent with the beneficiary's prior work experience. If a collective bargaining agreement applies to such a position, the employer may offer only a position which the beneficiary could claim by virtue of the seniority accumulated at the time of the disability.   [PL 1985, c. 801, §§ 5, 7 (NEW).] 2.  Dispute over mental or physical capacity.  In the event there is a dispute between the beneficiary and the former employer over the beneficiary's mental or physical capacity to perform a specific job, at the option of the beneficiary that dispute must be resolved by the majority decision of 3 medical providers, one appointed and reimbursed by the beneficiary, one appointed and reimbursed by the employer and one appointed by the executive director and reimbursed by the Maine Public Employees Retirement System.   [PL 2017, c. 88, §24 (AMD).] 3.  Termination or reduction in benefits.  At the option of the former beneficiary who has returned to an employment position, the disability retirement benefit may be terminated as of the end of the first month he is reinstated to a position or may be subject to section 17906, subsection 3.   [PL 1985, c. 801, §§ 5, 7 (NEW).] 4.  Reinstatement of benefits.  If, during the first 5 years of reinstatement, the former beneficiary again becomes disabled as a result of the medical condition for which the initial disability retirement allowance was granted and terminates employment, the Maine Public Employees Retirement System shall resume paying the disability retirement benefit payable prior to the reinstatement with all applicable cost-of-living adjustments. The Maine Public Employees Retirement System may require examinations or tests to determine whether a member's medical condition is the same as that for which disability retirement was initially granted.   This provision shall apply only to state employees and teachers.   [PL 1985, c. 801, §§ 5, 7 (NEW); PL 2007, c. 58, §3 (REV).] SECTION HISTORY PL 1985, c. 801, §§5,7 (NEW). PL 2007, c. 58, §3 (REV). PL 2017, c. 88, §24 (AMD).
5 ME Rev Stat § 17921 (2021)
2021 Maine Revised Statutes|TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES|Part 20: STATE RETIREMENT SYSTEM|Chapter 423: STATE EMPLOYEES AND TEACHERS|Subchapter 5: BENEFITS|Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989|5 §17921. Definitions

 §17921. Definitions As used in this article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1989, c. 409, §§8, 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, §§8, 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, §21 (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, §§8, 12 (NEW).]D. The incapacity may be revealed by examinations or tests conducted in accordance with section 17926.   [PL 1989, c. 409, §§8, 12 (NEW).][PL 2021, c. 277, §21 (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, §§8, 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, §§8, 12 (NEW).][PL 1989, c. 409, §§8, 12 (NEW).] SECTION HISTORY PL 1989, c. 409, §§8,12 (NEW). PL 2021, c. 277, §21 (AMD).