415-105-050  <<  415-105-060 >>   415-105-070

Granting disability retirement.

(1) The applicant is required to prove that he or she is disabled and unable to perform with average efficiency the duties of the position held at the time of discontinuance of service.
(2) The board must determine, based on the evidence, that the applicant is disabled from performing his or her duties and the disability has been continuous since the beginning of the disability leave period.
(3) The board may make a finding of six months continuous disability prior to the actual conclusion of the six-month period if:
(a) The regular meeting of the board does not precede the end of the six-month disability leave period by more than forty days; and
(b) Medical evidence shows the disability is expected to continue through the full six-month period.
(4) The applicant is not entitled to a disability retirement allowance if:
(a) The employer advises the board that there is an available position for which the applicant is qualified and to which a person of the same grade or rank is normally assigned; and
(b) The board determines that the applicant is capable of discharging the duties of the position with average efficiency.
[Statutory Authority: RCW 41.50.050. WSR 99-16-075, § 415-105-060, filed 8/3/99, effective 9/3/99. Statutory Authority: RCW 41.26.115. WSR 87-07-015 (Order 87-3), § 415-105-060, filed 3/11/87; WSR 81-23-032 (Order 81-03), § 415-105-060, filed 11/16/81.]
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