As used in this part 8, unless the context otherwise requires:
"Assigned duties" means those specific tasks or jobs designated by the employer fora particular position within a job classification. The term does not include the duties of a member's rank or grade that the member is not actually required to regularly perform in the position which the member occupies.
"Dependent child" means an unmarried child under the age of twenty-three and includes, if the board so determines, any child, regardless of age or marital status, who is so mentally or physically incapacitated that the child cannot provide for the child's own care. The term also includes a child who is conceived but unborn at the date of the member's death or the date of disability, whichever applies. Any applicable increase in benefits will occur upon birth.
"Occupational disability" means a disability resulting in an incapacity to performassigned duties and expected, with reasonable medical probability, to exist for at least one year.
(3.2) "Permanent occupational disability" means an occupational disability caused by a condition that is permanent or degenerative, and for which there is no prognosis for improvement or recovery through surgical treatment, counseling, medication, therapy, or other means.
(3.4) "Temporary occupational disability" means an occupational disability for which there is a prognosis for improvement or recovery through surgical treatment, counseling, medication, therapy, or other means.
"Total disability" means inability to engage in any substantial gainful activity byreason of a medically determinable physical or mental impairment that may be expected to result in death or that has lasted or may be expected to last for a period of not less than twelve months.
Source: L. 96: Entire article added with relocations, p. 926, § 1, effective May 23. L. 2001: (2) amended, p. 420, § 9, effective June 1. L. 2002: (1) amended and (3.2) and (3.4) added, p. 174, § 3, effective October 1. L. 2009: (2) amended, (SB 09-017), ch. 53, p. 188, § 1, effective March 25.
Editor's note: This section was formerly numbered as § 31-30-1002 (1.5), (3), (6), and
(7).