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 memberâs incapacity is substantially caused by injury or disease arising out of and in the course of the memberâs employment, or (b) The member has completed a total of 10 years of service. âPermanently incapacitated,â for the purpose of this section, means that the member is unable permanently to engage in any substantial gainful employment.
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