Disability

(a)[No text]

(1)A member less than sixty-five

(65)years of age, who shall become totally and permanently disabled for service, either mentally or physically, regardless of how or where the disability shall have occurred after joining the retirement fund,

(A)shall be entitled to a disability retirement annuity; provided, that he is not receiving disability payments from the United States Government for substantially the same ailment; and further provided that,

(B)[No text]

(i)to be eligible for a disability retirement annuity from a non-occupational cause, he shall have had at least six

(6)years of actual service as a member of the Government of Guam Retirement Fund prior thereto, or

(ii)five

(5)years of actual service as a member of the Government of Guam Retirement Fund prior thereto if he has been medically certified to be terminally ill.

(2)A person shall not qualify for a disability retirement annuity if his disability arises from an impairment occurring prior to his employment by the government of Guam.

(A)A total and permanent disability for the purposes of this Chapter is one which results from some impairment of body or mind which can be expected to result in death, or can be expected to last for a continuous period of not less than twelve

(12)months.

(B)The impairment shall be one that substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation that he would be competent to perform were it not for that impairment, and if founded upon condition which render it reasonably certain that it will continue indefinitely.

(b)Such annuity shall begin to accrue upon the later of:

(1)commencement of disability; or

(2)date of Board approval; provided, that if the member is receiving salary for sick leave, payment shall accrue from the date salary ceases.

(c)As a condition of membership in the Retirement Fund, an employee shall have a physical examination performed at the employee’s expense and a report of the exam shall be submitted to the retirement fund within sixty

(60)days of employment. An employee’s failure to provide the Retirement Fund with a report of the physical examination will render the member ineligible for disability retirement.