23-2315.01 Retirement for disability; application; when; medical examination. - Nebraska Statutes

23-2315.01. Retirementfor disability; application; when; medical examination.(1)Any member, disregarding the length of service, may be retired as a resultof disability either upon his or her own application or upon the applicationof his or her employer or any person acting in his or her behalf. Before anymember may be so retired, a medical examination shall be made at the expenseof the retirement system, which examination shall be conducted by a disinterestedphysician legally authorized to practice medicine under the laws of the statein which he or she practices, such physician to be selected by the retirementboard, and the physician shall certify to the board that the member shouldbe retired because he or she suffers from an inability to engage in a substantiallygainful activity by reason of any medically determinable physical or mentalimpairment which began whilethe member was a participant in the plan and which can be expectedto result in death or to be of long-continued and indefinite duration. Theapplication for disability retirement shall be made within one year of terminationof employment.(2) The retirement board may require any disability beneficiarywho has not attained the age of fifty-five to undergo a medicalexamination at the expense of the board once each year. Should any disabilitybeneficiary refuse to undergo such an examination, his or her disability retirementbenefit may be discontinued by the board. SourceLaws 1975, LB 47, § 3; Laws 1997, LB 623, § 5; Laws 2001, LB 408, § 5; Laws 2010, LB950, § 6.Operative Date: July 1, 2010