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(a) Any member under the Tier Two Actual Judicial Service Benefit Plan of the Arkansas Judicial Retirement System who has served a minimum of three (3) consecutive years as a member of the system shall receive retirement benefits if any incapacitating disability as determined by the Board of Trustees of the Arkansas Judicial Retirement System shall occur during any term for which the judge or justice has been elected.
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(b)
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(1) A judgment of disability should not be granted by the board until it is reasonably assured of a judge’s or justice’s permanent physical or mental incapacity to perform the duties of his or her judicial office.
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(2) The board should act only upon proper certification of incapacity by two (2) or more physicians.
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