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

The following rule is established pursuant to section 3307.48 of the Revised Code, which specifies that each disability benefit recipient shall submit to an annual independent medical examination. The retirement board may require additional examinations if the chair of the medical review board determines that additional information should be obtained.

The retirement board may forego an annual medical examination if the chair of the medical review board determines that the recipient's disability is ongoing.

(A) The retirement board may require a recipient to submit medical evidence and 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 medical evidence, examinations or tests are 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 the service from which the recipient was found disabled, and the chair of the medical review board concurs with such request. The retirement 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 chair of the medical review board reviews the conclusions of the independent medical examiners and concludes that a recipient is not incapacitated from the performance of regular duties, the chair shall convene a panel of three or more members of the medical review board who shall review the application, medical evidence, and reports of the independent medical examiners. The panel may request medical evidence or obtain such further examinations and tests as it may deem necessary and appropriate for the determination of continued disability.

(C) If the recipient is medically capable of returning to service from which the recipient was found disabled, the procedures for review, notification and appeal set forth in rule 3307:1-7-05 of the Administrative Code shall be applied.

Effective: 6/10/2016
Five Year Review (FYR) Dates: 03/23/2016 and 06/10/2021
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.48
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, 7/1/06, 6/6/11, 1/7/13 (Emer), 3/24/13