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 disability benefit recipient shall submit to an annual independent medical examination. The retirement board may require additional examinations if the board’s physician determines that additional information should be obtained.

The retirement board may waive the annual medical examination and the board’s physician shall be deemed to certify that the disability benefit recipient’s disability is ongoing if the chair of the medical review board reviews the medical evidence pertaining to the recipient and determines that an examination is unnecessary.

(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 the service from which the recipient was found disabled , 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) (1) of this rule reports the conclusion that 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: 06/06/2011

R.C. 119.032 review dates: 03/22/2011 and 05/27/2016

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, 7/1/06