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T H E R ETIR EM EN T A CT
(Continued from Page 31)
m ent shall be m ade to persons included in
any o f these groups should there be liv in g
at the date o f paym ent persons in any of
the groups preceding it as listed. P aym en t
to the persons in any group, upon receipt
fro m them o f an a ffid a v it upon a form
supplied b y the board, that there are no
liv in g individuals in a group preceding it
and that the estate o f the deceased w ill not
be probated, shall com pletely discharge the
board and system on account o f the death.
Section 22. (1) W henever an em ploye
who is a m em ber of the system , who has
been an em ployee fo r fiv e years or m ore o f
an em ployer w hich is p articipating in the
system , and who is under the volu ntary
service retirem ent age, is found, after b e
ing exam ined b y one or m ore physicians
selected b y the board, to be m entally or
p h ysically incapacitated fo r an extended
and u ncertain duration, as determ ined by
m edical exam ination, b y in ju ry sustained
w hile in actu al perform ance o f duty and
not intentionally self-in flicte d , he shall re
ceive a d isability retirem ent annu nity based
on the contributions credited to his account
and a pension provided b y the contrib u
tions o f his em ploying agencies equal .to the
pension to w hich he w ould have been en
titled if he had w orked continu ally un til
his earliest service retirem ent age as pro
vided in section 18 (5); provided, how ever,
that no paym ents under such d isability re
tirem ent an n u ity and pension shall be paid
fo r the first 90-day period o f such in cap a
city . The am ount o f the pension shall be
reduced, how ever, b y the am ount o f the
paym ents to w hich he is entitled from the
industrial accident com m ission.
(2) W henever an em ploye who is a m em
ber o f the system , who has been an em
ploye fo r fifte e n years or m ore o f an em
ployer w hich is p articipating in the system ,
and who is under the vo lu n tary service re
tirem ent age, is found, after being exam ined
b y one or m ore physicians selected b y the
board, to be m en tally or p h ysically in cap a
citated fo r an extended and u ncertain d u r
ation, as determ ined b y needed exam in a
tion, from cause other than in ju ry sus
tained w hile in actu al perform ance o f duty
or in tentionally self-in flicte d , he shall re
ceive a disab ility retirem ent annu nity based
on the contributions credited to his account
and a pension provided by the contributions
o f his em ploying agencies equal to the
pension to w hich he w ould h ave been en
titled if he had w orked continu ally u n til
his earliest service retirem ent age as pro
vided in section 18 (5); provided, how ever,
that no paym ents under such d isability re
tirem ent annu ity and pension shall be paid
for the first 90-day period o f such in
cap acity .
(3) The board shall require m edical e x
am inations of all applicants fo r retirem ent
for d isability under such general rules as
it prescribes, and m ay provide for the dis
continuance o f any d isability retirem ent
allow ance and the fo rfeitu re of all rights
under this act, fo r an y person who re
fuses to subm it to such an exam ination.
(4) W hen a disability b en eficiary is de
term ined by the board to be not incap aci
tated to the exten t th at he is disabled
from the perform ance of du ty, his disab il
ity retirem ent shall be cancelled forthw ith
and he shall be reinstated in service, his
rate o f contribution to be determ ined,
am ong other factors, b y his age at the tim e
o f the reinstatem ent and his individu al a c
count to be credited w ith the am ount w hich
stands to his credit in his account in the
fu n d at the tim e o f his retirem ent fo r dis
a b ility . Su ch a person who fo r an y reason
is not reinstated in the service of a public
em ployer p articipating in the system shall
receive separation benefits as provided in
this act.
Section 23. The righ t of a person to a
pension, an annunity, or a retirem ent,' a l
low ance, to the return o f contribution, the
pension, annu ity, or retirem ent allow ance
itself, any optional ben efit or death bene
fit, or any other rig h t accrued or accruing
to arty person under the provisions of this
act, and the m oney in the various funds
created b y the act, shall be exem pt from
all state, county, and m u nicip al taxes and
shall not be subject to execution, garnish
m ent, attachm ent or any other process or to
the operation o f any b ankru p tcy or insolv
ency law , and shall be unassignable.
Section 24. Should any section, sentence,
clause, or word o f this act be held u nco n
stitutional, the in v alid ity of the section,
sentence, clause, or word shall not a ffe ct
the v a lid ity of any other portion o f the act,
it being the intent of this legislative assem
b ly to enact the rem ainder o f this act, not
w ithstanding the part so declared u nco n
stitutional should or m ay be so declared.
Section 25. This act shall take e ffe ct Ju ly
1, 1945, except as to those parts o f it p er
taining to m em bership in the system and
contributions to the retirem ent fu n d , w hich
shall take e ffect J u ly 1, 1946.
A vision w ithout a task makes a
visionary; a task w ithout vision makes
a drudge.
— Mullens
Bottling Company of Corvallis