TITLE 36
Public Officers and Employees

CHAPTER 36-10
Retirement System – Contributions and Benefits

SECTION 36-10-12


§ 36-10-12 Retirement for ordinary disability.

(a) Application for ordinary disability may be made by a member, his or her department head, or a person acting in the member's behalf, while in active service or on leave of absence for illness, provided that the member has had five (5) or more years of total service of which at least three (3) consecutive years shall have been as an employee of the state or as a teacher as defined in chapter 16 of title 16 and the member is not entitled to a regular service retirement allowance. A statement from a physician shall accompany the application stating that the member is physically or mentally incapacitated for the performance of duty and that he or she should be retired.

(b) A medical examination of the member shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the member is physically or mentally incapacitated for the performance of duty and ought to be retired, the physicians shall so report and certify to the retirement board, and the retirement board may retire the member for ordinary disability.

(c) The retirement board shall establish uniform eligibility requirement standards and criteria for ordinary disability which shall apply to all members who make application for retirement for ordinary disability.

History of Section.
(P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; G.L. 1956, § 36-10-12; P.L. 1966, ch. 58, § 1; P.L. 1980, ch. 27, § 1; P.L. 1981, ch. 28, § 1; P.L. 1982, ch. 192, § 1; P.L. 1992, ch. 306, art. 1, § 7.)