Application to the board for retirement of a member for disability may be made by the member or any person in his or her behalf. Upon receipt of the application and determination of the board that the applicant is incapacitated for the performance of duty, the board shall retire the member for disability. The application shall be made only during one or more of the three following periods:
(a) While the person is a member of this system.
(b) During any time as he or she has allowed his or her accumulated contributions to remain in the system pursuant to Section 9355.2.
(c) If the person has not allowed his or her accumulated contributions to remain in the system pursuant to Section 9355.2 and if he or she was physically or mentally incapacitated to perform his or her duties on the date of discontinuance of his or her service as a legislator and the incapacity continued to the time of application, while he or she is physically or mentally incapacitated.
(Amended by Stats. 2002, Ch. 664, Sec. 92.2. Effective January 1, 2003.)