1. (a) Any member of the Arkansas District Judge Division of the Arkansas Public Employees’ Retirement System who has served a minimum of five (5) consecutive years as a member of the Arkansas Public Employees’ Retirement System (including service in the former Arkansas District Judge Retirement System, if any), shall receive retirement benefits if any incapacitating disability as determined by the Board of Trustees of the Arkansas Public Employees’ Retirement System shall occur during any term for which the judge has been elected.

2. (b)

   1. (1) A judgment of disability shall not be granted by the board unless the board is reasonably assured of a judge’s permanent physical or mental incapacity to perform the duties of the judicial office.
   2. (2) The board shall act only upon proper certification of incapacity by two (2) or more physicians.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "612 – 2009 (5) – Eligibility for Benefits – Disability Retirement"