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§ 13-167 Retirement; for ordinary disability.
   a.   Medical examination of a member in city service for ordinary disability shall be made upon the application of the head of the agency in which such member is employed, or upon the application of such member or of a person acting in his or her behalf, stating that such member is physically or mentally incapacitated for the performance of duty and ought to be retired, provided:
      (1)   that such member has had ten or more years of city-service and was a member or otherwise in city-service in each of the ten years next preceding his or her retirement; or
      (2)   that such member (a) is a sanitation member at the time of his or her retirement, and (b) has had five or more years of allowable service as a sanitation member and (c) was a member or otherwise in city-service in each of the five years next preceding his or her retirement.
   b.   If such medical examination shows that any such member referred to in subdivision a of this section is physically or mentally incapacitated for the performance of duty and ought to be retired, the medical board shall so report and the board shall retire such member for ordinary disability not less than thirty nor more than ninety days after the execution and filing of application therefor with the retirement system.
   c.   Death of applicant before effective date of retirement. Upon the death of an applicant, other than an applicant whose city service was as a police officer or firefighter, who has had ten or more years of city service and was a member or otherwise in city service in each of the ten years next preceding the date of his application for ordinary disability retirement, and the medical board reports that at the time of the filing of the application such member was physically or mentally incapacitated for the performance of duty and ought to be retired, and that such member's subsequent death in the interval between the filing of the application and the action of the board thereon was directly related to such physical or mental incapacity, the board shall retire such member effective not later than one day before the date of the applicant's death.