2009 Nebraska Code
Chapter 79 SCHOOLS
79-951 Retirement; disability; conditions; application.

79-951. Retirement; disability; conditions; application.

(1) A member shall be retired on account of disability, either upon his or her own application or the application of his or her employer or a person acting in his or her behalf, if a medical examination, made at the expense of the retirement system and conducted by a competent disinterested physician legally authorized to practice medicine under the laws of the state in which he or she practices, selected by the retirement board, shows and the physician certifies to the retirement board that the member is unable to engage in a substantially gainful activity by reason of any medically determinable physical or mental impairment which began while the member was a participant in the plan and which can be expected to result in death or be of a long and indefinite duration. The medical examination may be waived if, in the judgment of the retirement board, extraordinary circumstances exist which preclude substantial gainful activity by the member. Such circumstances shall include hospice placement or similar confinement for a terminal illness or injury.

(2) The member shall have five years from the date he or she terminates employment in a public school located in Nebraska in which to make application for disability retirement benefits if the disability is related to employment in a public school located in Nebraska. If the disability is not related to a public school located in Nebraska, the member shall have one year from the date he or she terminates employment in which to make application for disability retirement benefits. Any application for retirement on account of disability shall be made on a retirement application provided by the retirement system. Upon approval by the board, benefits shall begin on the disability retirement date.

Source

Laws 1945, c. 219, § 24, p. 646;
R.S.Supp.,1947, § 79-2924;
Laws 1949, c. 256, § 457, p. 848;
Laws 1963, c. 495, § 3, p. 1584;
Laws 1975, LB 50, § 3;
Laws 1987, LB 549, § 9;
Laws 1991, LB 549, § 37;
R.S.1943, (1994), § 79-1523;
Laws 1996, LB 900, § 586;
Laws 1996, LB 1076, § 27;
Laws 1997, LB 623, § 25;
Laws 1998, LB 1191, § 55;
Laws 1999, LB 538, § 2;
Laws 2000, LB 1192, § 15;
Laws 2004, LB 1097, § 28;
Laws 2010, LB950, § 16.
Operative Date: July 1, 2010