Notwithstanding Section 31720, any member covered under Section 31751 who is permanently incapacitated shall be retired for disability regardless of age if, and only if:
(a) The member’s incapacity is substantially caused by injury or disease arising out of and in the course of the member’s employment, or
(b) The member has completed a total of 10 years of service.
“Permanently incapacitated,” for the purpose of this section, means that the member is unable permanently to engage in any substantial gainful employment.
(Added by Stats. 1980, Ch. 58.)