Nebraska Revised Statute 79-951
Retirement; disability; conditions; application; medical examination; waiver.
(1) Any member, disregarding the length of service, may be retired as a result of disability either upon his or her own application or upon the application of his or her employer or any person acting in his or her behalf. Before any member may be so retired, a medical examination shall be made at the expense of the retirement system, which examination shall be conducted by a disinterested physician legally authorized to practice medicine under the laws of the state in which he or she practices, such physician to be selected by the retirement board, and the physician shall certify to the board that the member should be retired because he or she suffers from an inability to engage in any substantially gainful activity by reason of any medically determinable physical or mental impairment which was initially diagnosed or became disabling while the member was an active participant in the plan and which can be expected to result in death or to be of long-continued and indefinite duration. The medical examination may be waived if, in the judgment of the retirement board, extraordinary circumstances exist which preclude substantial gainful activity by the member. Such circumstances shall include hospice placement or similar confinement for a terminal illness or injury. The application for disability retirement shall be made within one year of termination of employment.
(2) The retirement board may adopt and promulgate rules and regulations and prescribe the necessary forms to carry out this section.
- Laws 1945, c. 219, § 24, p. 646;
- R.S.Supp.,1947, § 79-2924;
- Laws 1949, c. 256, § 457, p. 848;
- Laws 1963, c. 495, § 3, p. 1584;
- Laws 1975, LB 50, § 3;
- Laws 1987, LB 549, § 9;
- Laws 1991, LB 549, § 37;
- R.S.1943, (1994), § 79-1523;
- Laws 1996, LB 900, § 586;
- Laws 1996, LB 1076, § 27;
- Laws 1997, LB 623, § 25;
- Laws 1998, LB 1191, § 55;
- Laws 1999, LB 538, § 2;
- Laws 2000, LB 1192, § 15;
- Laws 2004, LB 1097, § 28;
- Laws 2010, LB950, § 16;
- Laws 2017, LB415, § 31.
If the Public Employees Retirement Board's medical examiner opines that the member is not disabled, the member may offer other medical evidence. Shepherd v. Chambers, 281 Neb. 57, 794 N.W.2d 678 (2011).
Subsection (1) of this section ordinarily requires expert medical evidence to establish a disability. Shepherd v. Chambers, 281 Neb. 57, 794 N.W.2d 678 (2011).