As used in this article, unless the context otherwise indicates, the following terms have the following meanings.

1. 1. Disabled "Disabled" means that the member is mentally or physically incapacitated under the following conditions:

   1. A. The incapacity is expected to be permanent;

      [PL 1989, c. 409, §§8, 12 (NEW).]

   2. 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).]

   3. 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).]

   4. 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. 2. Employment position "Employment position" means:

   1. A. The position in which the member is employed at the time the member becomes incapacitated; or

      [PL 1989, c. 409, §§8, 12 (NEW).]

   2. 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).]

PL 1989, c. 409, §§8,12 (NEW). PL 2021, c. 277, §21 (AMD). PL 2021, c. 277, §45 (AFF).