As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [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; [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; [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 [1989, c. 409, §§8, 12(NEW).]D. The incapacity may be revealed by examinations or tests conducted in accordance with section 17926. [1989, c. 409, §§8, 12(NEW).] [2021, c. 277, §21(AMD).]
2.Employment position. "Employment position" means: A. The position in which the member is employed at the time the member becomes incapacitated; or [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. [1989, c. 409, §§8, 12(NEW).] [1989, c. 409, §§8, 12(NEW).]
Amended by 2021SP1, c. 277,§ 21, eff. 10/18/2021.1989, c. 409, §§8,12 (NEW) .