§47-2-305.

§47-2-305.
   
   A. Except as otherwise provided in this title, at any time after
   attaining normal retirement date, any member of the System upon
   application therefor made and approved may retire and, during the
   remainder of the member's lifetime, receive annual retirement pay,
   payable in equal monthly payments, equal to two and one-half percent
   (2 1/2%) of the final average salary times years of credited service.
   No member shall be required to retire for length of service unless and
   until the member shall have reached the age of sixty (60) years, but
   any member of the System who shall have reached the age of sixty (60)
   years and who shall also have completed twenty (20) years or more of
   credited service shall be retired by the Board unless, after
   application to the Board and such examination and showing as the Board
   may deem proper, the Board shall determine that such member of the
   System is physically and mentally able to continue to perform duties
   or service as required of a member. Unless such application be made by
   a member of the System within thirty (30) days after reaching the age
   of sixty (60) years and completing twenty (20) years or more of
   credited service or if, after such application and examination, the
   Board shall determine that such member of the System is not physically
   or mentally able to continue to perform services as required of the
   employer, the Board shall by resolution order his retirement with
   retirement pay for length of service as provided herein.
   
   B. Beginning July 1, 1994, members who retired or were eligible to
   retire prior to July 1, 1980 or their surviving spouses shall receive
   annual retirement pay, payable in equal monthly payments, equal to the
   greater of their current retirement pay, or two and one-half percent
   (2 1/2%) of the actual paid gross salary being currently paid to a
   highway patrol officer, at the time each such monthly retirement
   payment is made, multiplied by the retired member's years of credited
   service.
   
   C. A member who meets the definition of disability as defined in
   Section 2-300 of this title and whose disability occurred prior to the
   member's normal retirement date and by direct reason of the
   performance of the member's duties as an officer shall receive a
   monthly benefit equal to the greater of fifty percent (50%) of final
   average salary or two and one-half percent (2 1/2%) of final average
   salary multiplied by the number of years of the member's credited
   service.
   
   D. A member who meets the definition of disability as defined in
   Section 2-300 of this title and whose disability occurred prior to the
   member's normal retirement date but after completing three (3) years
   of vesting service and not by reason of the performance of the
   member's duties as an officer or as a result of the member's willful
   negligence shall receive a monthly benefit equal to two and one-half
   percent (2 1/2%) of final average salary multiplied by the number of
   years of the member's credited service. For the purpose of determining
   the member's disability under the System, the member shall be required
   by the Board to be examined by a minimum of two recognized physicians
   selected by the Board to determine the extent of his injury or
   illness. The examining physicians shall furnish the Board a detailed
   written report of the injury or illness of the examined member
   establishing the extent of disability and the possibilities of the
   disabled member being returned to his regular duties or an alternate
   occupation or service covered by the System after a normal
   recuperating period.
   
   E. Payment of a disability pension shall commence as of the first day
   of the month coinciding or next following the date of retirement and
   shall continue as long as the member meets the definition of total and
   permanent disability provided in this section.
   
   F. The Board shall require all retired disabled members who have not
   attained their normal retirement date to submit to a physical
   examination once each year for a minimum of three (3) years following
   retirement. The Board shall select a minimum of two physicians to
   examine the retired members and pay for their services from the fund.
   Any retired disabled member found no longer disabled by the examining
   physicians to perform the occupation of the member or an alternate
   occupation or service covered by the System shall be required to
   return to duty and complete twenty (20) years of service as provided
   in subsection A of this section, or forfeit all his rights and claims
   under this act.