Section 38.39. Disability retirement.

Rule 39. (1) To receive a disability retirement under MCL 38.21 of the act, the member shall prove by a preponderance of the evidence that on or  before  the termination of his or her employment, he or she was  totally incapacitated and that such incapacity was probably permanent.

(2)      To receive a disability retirement under MCL 38.24 of the act, the member shall prove by a preponderance of the evidence that on or before the termination of his or her employment, he or she was totally incapacitated and that such incapacity was likely to be permanent.

(3)      For purposes of MCL 38.21 and 38.24 of the act, the board shall not retire a member if the member can perform any job for which the member has experience, training, or education. If the board determines that a member is not mentally or physically totally incapacitated for further performance of duty or that a member's total incapacity is not probably permanent, the retirement system does not have the obligation  to  find  employment  for  a member.

History: 2008 AACS.