43:8A-8 - Ordinary disability retirement allowance;  death benefit

43:8A-8.  Ordinary disability retirement allowance;  death benefit
    (1) Upon the written application of a member in service or of his employer,  any member who has had five or more years of creditable service may be retired  by the board of trustees, not less than thirty days and not more than ninety  days next following the date of filing such application, on an ordinary  disability retirement allowance;  provided, that the medical board, after a  medical examination of such member, shall certify that such member is mentally  or physically incapacitated for the performance of his usual duty and of any  other available duty in the Division of Alcoholic Beverage Control which his  employer is willing to assign to him and that such incapacity is likely to be  permanent and to such an extent that he should be retired.

    (2) Upon retirement for ordinary disability, a member shall receive an ordinary disability retirement allowance which shall consist of:

     (a) An annuity which shall be the actuarial equivalent of his aggregate contributions at the time of retirement;  and

     (b) A pension equal to the annuity provided by the aggregate contributions  but not less than the amount which when added to the member's annuity will  provide a total retirement allowance of twenty-five per centum (25%) of the  member's average final compensation.

    (3) Upon the receipt of proper proofs of the death of a member who has retired on an ordinary disability retirement allowance, there shall be paid to such person, if living, as he shall have nominated by written designation duly executed and filed with the board of trustees, otherwise to the executor or administrator of the member's estate, the sum of two thousand dollars ($2,000.00).

     L.1953, c. 423, p. 2132, s. 8.