Section 792.11603. Disability retirement.

(1) To receive a disability retirement under section 21 of 1943 PA 240, MCL 38.21, the retirement system 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 section 24 of 1943 PA 240, MCL 38.24, 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 sections 21 and 24 of 1943 PA 240, MCL 38.21 and 38.24, 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: 2015 AACS.