123:1-33-11 Notice of disqualification from receipt of disability leave benefits.

(A) An employee's benefits will be terminated if the employee:

(1) Is removed from state service or certified against except as provided under rule 123:1-41-21 of the Administrative Code;

(2) Engages in any occupation for wage or profit except as provided in rule 123:1-33-07 of the Administrative Code;

(3) Engages in any act of fraud or misrepresentation involving the disability claim;

(4) Does not consult a state licensed practitioner for necessary medical care pursuant to paragraph (D) of rule 123:1-33-01 of the Administrative Code;

(5) Does not notify the appointing authority of a change of address pursuant to paragraph (F) of rule 123:1-33-02 of the Administrative Code;

(6) Is convicted of the commission of a felony; or

(7) Does not comply in a timely manner with state employees' retirement system pursuant to paragraph (D) of rule 123:1-33-02 of the Administrative Code.

(B) If any employee engages in any of the acts listed in paragraph (A) of this rule, the director will notify the employee of the intention to disqualify the employee from receiving disability leave benefits as of the date the employee first engaged in any of the prohibited acts. Such notice will contain the reason for the proposed termination of benefits. If the employee disagrees with the proposed termination, he or she may file an appeal in accordance with rule 123:1-33-04 of the Administrative Code.

Effective: 12/13/2015
Five Year Review (FYR) Dates: 09/24/2015 and 05/15/2020
Promulgated Under: 119.03
Statutory Authority: 124.09, 124.385
Rule Amplifies: 123.385
Prior Effective Dates: 7/29/82, 2/4/96, 11/10/96, 6/18/00, 10/29/06