Eligibility to apply for short-term disability program payments and disability retirement

(1) Except as otherwise provided for in this section, any member shall be eligible to apply for disability retirement benefits or short-term disability program payments if: (a) Application is received by the association within ninety days after the date of termination of employment; (b) The member contribution account has not been refunded; (c) The member has at least five years of earned service credit, of which at least six months have been earned during the most recent period of membership; (d) The member is not eligible for service retirement pursuant to the provisions of section 24-51-602. (2) State troopers shall be eligible to apply for disability retirement or short-term disability program payments immediately upon becoming state troopers if the disability resulted from injuries sustained during the performance of duties as a state trooper. (3) Members of the judicial division shall be eligible to apply for disability retirement or short-term disability program payments without regard to the amount of earned service credit or to eligibility for service retirement. (4) Applications for disability for DPS members filed on or before December 31, 2009, shall be governed by the disability provisions of section 24-51-1734, and on or after January 1, 2010, disability shall be governed by the provisions of this part 7. Persons receiving disability benefits under the DPS plan as of December 31, 2009, shall continue to receive such benefits in accordance with the DPS plan.