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).]

Terms Used In Maine Revised Statutes Title 5 Sec. 17921

  • Disabled: means that the member is mentally or physically incapacitated under the following conditions:
A. See Maine Revised Statutes Title 5 Sec. 17921
  • Employment position: means :
    • A. See Maine Revised Statutes Title 5 Sec. 17921
  • Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001
    • 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).
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