3307:1-7-06 Disability benefits - reexaminations.

The following rule is established pursuant to section 3307.64 of the Revised Code which specifies that each recipient be examined annually to determine whether he or she remains medically incapacitated from teaching duty, but provides for the board to waive the medical examination if the board’s physician certifies that the disabling condition is ongoing.

(A) The retirement board may require a recipient to submit to medical examinations and tests by independent medical examiners as provided in rule 3307:1-7-03 of the Administrative Code and shall require such examinations and tests if:

(1) The chair of the medical review board recommends such examinations and tests as necessary and appropriate to evaluate the recipient’s continued eligibility for disability benefits, or

(2) A recipient requests re-examination to evaluate capacity to return to teaching duty, and the chair of the medical review board concurs in such request. The board need not grant a request from a recipient for such an evaluation more often than once during any twelve-month period.

(B) If the independent medical examiner appointed pursuant to paragraph (A) of this rule reports the conclusion that the recipient is medically capable of returning to teaching duty, the procedures for review, notification and appeal set forth in rule 3307:1-7-05 of the Administrative Code shall be applied.

Effective: 07/01/2006

R.C. 119.032 review dates: 04/06/2006 and 04/01/2011

Promulgated Under: 111.15

Statutory Authority: 3307.04

Rule Amplifies: 3307.64

Prior Effective Dates: 12/23/76, 12/26/77, 2/26/81, 7/3/97, 10/29/98 (Emer.), 1/17/99 (Emer.), 7/1/01 (Emer.), 9/17/01