84-1323.01 Employee; retirement; disability; medical examination. - Nebraska Statutes

84-1323.01. Employee;retirement; disability; medical examination.(1)Any member who is an employee, disregarding the length of service, may beretired as a result of disability either upon the member's own applicationor upon the application of the member's employer or any person acting in themember's behalf. Before any member may be so retired, a medical examinationshall be made at the expense of the retirement system, which examination shallbe conducted by a disinterested physician legally authorized to practice medicineunder the laws of the state in which he or she practices, such physician tobe selected by the retirement board, and the physician shall certify to theboard that the member 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 andshould be retired. The application for disability retirement shall be madewithin one year of termination of employment.(2) The retirement board may require any disability beneficiarywho has not attained the age of fifty-five to undergo a medical examinationat the expense of the board once each year. If any disability beneficiaryrefuses to undergo such an examination, the disability retirement benefitmay be discontinued by the board. SourceLaws 1973, LB 498, § 8; Laws 1993, LB 417, § 8; Laws 1997, LB 623, § 44; Laws 1999, LB 703, § 25; Laws 2001, LB 408, § 29; Laws 2010, LB950, § 27.Operative Date: July 1, 2010