§17921. Definitions As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 409, §§8, 12 (NEW).]1. Disabled. 'Disabled' means that the member is mentally or physically incapacitated under the following conditions: A. The incapacity is expected to be permanent; [PL 1989, c. 409, §§8, 12 (NEW).]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).]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).]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).] 2. Employment position. 'Employment position' means: A. The position in which the member is employed at the time the member becomes incapacitated; or [PL 1989, c. 409, §§8, 12 (NEW).]B.

, §21 (AMD).] 2. Employment position. 'Employment position' means: A. The position in which the member is employed at the time the member becomes incapacitated; or [PL 1989, c. 409, §§8, 12 (NEW).]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).] SECTION HISTORY PL 1989, c. 409, §§8,12 (NEW). PL 2021, c. 277, §21 (AMD).