4 Guam Code Ann. § 8123
Terms Used In 4 Guam Code Ann. § 8123
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
(A) shall be entitled to a disability retirement annuity; provided, that he is not receiving disability payments from the United States Government for substantially the same ailment; and further provided that,
(B) (i) to be eligible for a disability retirement annuity from a non-occupational cause, he shall have had at least six (6) years of actual service as a member of the Government of Guam Retirement Fund prior thereto, or
42
COL 8/23/2023
4 Guam Code Ann. PUBLIC OFFICERS & EMPLOYEES
CH 8 RETIREMENT OF PUBLIC EMPLOYEES
(ii) five (5) years of actual service as a member of the Government of Guam Retirement Fund prior thereto if he has been medically certified to be terminally ill.
(2) A person shall not qualify for a disability retirement annuity if his disability arises from an impairment occurring prior to his employment by the government of Guam.
(A) A total and permanent disability for the purposes of this Chapter is one which results from some impairment of body or mind which can be expected to result in death, or can be expected to last for a continuous period of not less than twelve (12) months.
(B) The impairment shall be one that substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation that he would be competent to perform were it not for that impairment, and if founded upon condition which render it reasonably certain that it will continue indefinitely.
(b) Such annuity shall begin to accrue upon the later of: (1) commencement of disability; or
(2) date of Board approval;
provided, that if the member is receiving salary for sick leave, payment shall accrue from the date salary ceases.
(c) As a condition of membership in the Retirement Fund, an employee shall have a physical examination performed at the employee’s expense and a report of the exam shall be submitted to the retirement fund within sixty (60) days of employment. An employee’s failure to provide the Retirement Fund with a report of the physical examination will render the member ineligible for disability retirement.
SOURCE: GC § 4212; amended by P.L. 15-075 (Nov. 9, 1979); Subsection (a) amended by P.L. 17-066:5 (Sept. 7, 1984) and P.L. 18-
005:7 (May 28, 1985). Repealed and reenacted by P.L. 24-315:2 (Dec. 23,
1998).
43
COL 8/23/2023
4 Guam Code Ann. PUBLIC OFFICERS & EMPLOYEES
CH 8 RETIREMENT OF PUBLIC EMPLOYEES
2018 NOTE: Subsection/subitem designations added/altered pursuant to authority of 1 Guam Code Ann. § 1606.