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§17911
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 20: STATE RETIREMENT SYSTEM
Chapter 423: STATE EMPLOYEES AND TEACHERS
Subchapter 5: BENEFITS
Article 3-A: DISABILITY RETIREMENT BENEFITS AFTER SEPTEMBER 30, 1989
§17922

§17921. Definitions

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); PL 2021, c. 277, §45 (AFF).]
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); PL 2021, c. 277, §45 (AFF).]
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).]
3.  Final annual compensation.  "Final annual compensation" means the annual rate of pay of a member, for a position covered by this article, immediately before the termination of the member's employment and the commencement of the member's disability retirement benefit.  
[PL 2025, c. 598, §8 (NEW).]
4.  Substantially gainful activity.  "Substantially gainful activity" means any combination of activities, tasks or efforts, with any reasonable accommodations, for which the member is qualified by training, education or experience that would generate annual income in the labor market for the member's state of residence in an amount in excess of the greater of:  
A. Thirty-five thousand five hundred dollars in calendar year 2026 or $35,500 increased as described by this subsection in any subsequent calendar year;   [PL 2025, c. 598, §9 (NEW).]
B. The member's average final compensation; and   [PL 2025, c. 598, §9 (NEW).]
C. The member's final annual compensation.   [PL 2025, c. 598, §9 (NEW).]
The amounts under paragraphs A, B and C are increased on January 1st of each calendar year by any percentage increase in the Consumer Price Index during the 12 months ending on December 31st of the prior calendar year.  
[PL 2025, c. 598, §9 (NEW).]
SECTION HISTORY
PL 1989, c. 409, §§8,12 (NEW). PL 2021, c. 277, §21 (AMD). PL 2021, c. 277, §45 (AFF). PL 2025, c. 598, §§8, 9 (AMD).
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