Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3307:1-7 | Disability Benefits

 
 
 
Rule
Rule 3307:1-7-01 | Disability benefits - definitions.
 

Chapter 3307:1-7 of the Administrative Code is adopted to establish the definitions, procedures and guidelines needed to fulfill the requirements of sections 3307.48, 3307.62, 3307.63, and 3307.631 of the Revised Code and to assure fair and impartial evaluation of all applications for disability benefits.

As used in Chapter 3307:1-7 of the Administrative Code:

(A) "Applicant" means the member for whom an application has been completed and received by the retirement system.

(B) "Application" shall be made on forms provided by the retirement system and includes all of the following:

(1) An application for disability benefits; and

(2) For each physician listed on the application for disability benefits, an attending physician's report based on an in-person examination that was completed within the last two months and includes medical evidence; and

(3) An employer report including an official job description provided by the last employer. The requirement to submit a job description may be waived by the chair of the medical review board.

(C) "Attending physician" means:

(1) For complete applications received by the retirement system on or after June 7, 2019, an applicant's medical specialist of choice, as defined in paragraph (J) of this rule, or

(2) For reexaminations received by the retirement system, an applicant's physician of choice.

The attending physician shall have established a therapeutic relationship with the applicant and have completed a report and certified on forms provided by the retirement system the attending physician's opinion regarding a recipient's ability to return to employment. The attending physician shall provide standard objective and pertinent medical evidence supporting the opinion.

(D) For purposes of section 3307.48 of the Revised Code, to "perform any teaching service" whether or not such services or positions are performed full-time or part-time, in a public or private employment school or non-school setting, on a volunteer basis or for compensation, in or outside the state of Ohio includes any of the following:

(1) All employment, contracted services or volunteer work that if performed in an Ohio public school would be considered employment covered by the retirement system as defined in section 3307.01 of the Revised Code.

(2) All teachers, tutors, substitute teachers, electronic classroom instructors, daycare teachers, community school instructors and private-lesson providers whether the service was performed through employment, contracted services, or volunteer work.

(3) All employment contracted services, or volunteer work that relates to the work of educators, such as, but not limited to, writing curriculum, leading workshops, providing training, instructing students of any age, or directing teachers, student teachers or students.

(4) Any other service determined by the retirement board to be performing teaching services.

(E) For purposes of division (B)(2) of section 3307.62 of the Revised Code, "The date on which the members most recent application for a disability benefit was received by the board" shall occur when an application as defined in this rule is received by the retirement system. In all cases of dispute, the retirement system shall determine when an application is received and its decision shall be final.

(F) For purposes of division (C) of section 3307.62 of the Revised Code, "condition" means a medically determinable physical or mental impairment that results from anatomical, physiological, or psychological abnormalities, which can be shown by standard objective and pertinent medical evidence as defined in this rule. A physical or mental impairment must be established by medical evidence, not only by the applicant's statement of symptoms, but also by symptoms, signs and laboratory findings reported by a physician.

(G) "Independent medical examiner" means a competent physician neither involved in a treatment relationship with an applicant or recipient nor otherwise employed by the retirement system, who shall be designated by the chair of the medical review board to conduct an impartial examination.

(H) "Medical evidence" means current physician examinations, observed clinical findings, laboratory findings, diagnosis, treatment prescribed with response and prognosis, hospital discharge summaries and diagnostic testing relevant to the applicant's claimed disabling condition.

(I) "Medical review board" means the group of independent physicians designated by the retirement board under the direction of a chair appointed by the retirement board to assist in the evaluation of medical examinations and information. The members of the medical review board may be asked in panels of three or more to review any application and provide their conclusions as to whether an applicant will be mentally or physically incapacitated from the performance of duty for at least twelve months.

(J) "Medical specialist" means a non-primary care medical doctor or doctor of osteopathic medicine who has completed further education to specialize in the treatment of a condition, and who has established a therapeutic relationship and provided standard medical care to the applicant. The board or its designee shall have the authority to determine that an applicant's physician of choice may be used as attending physician in place of a medical specialist if the applicant shows good cause exists for such a determination. This determination shall be made at the sole discretion of the board or its designee, and shall be final and non-appealable.

(K) A disabling condition shall be "presumed to be permanent," if it physically or mentally incapacitates an applicant from the performance of regular duty for a period of at least twelve months from the date of the retirement system's receipt of the completed application.

(L) "Recipient" means a member granted disability benefits under sections 3307.48, 3307.57, 3307.62, 3307.63, and 3307.631 of the Revised Code.

Last updated June 3, 2021 at 9:09 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48, 3307.57, 3307.62, 3307.63, 3307.631
Five Year Review Date: 6/3/2026
Prior Effective Dates: 12/26/1977, 9/17/2001
Rule 3307:1-7-02 | Disability - medical review board.
 

(A) The retirement board shall appoint an independent physician to serve as chair of the medical review board and as medical advisor to the retirement board. The chair so appointed shall:

(1) Request and review medical evidence from the applicant or applicant's attending physicians and other relevant sources regarding the nature, findings, extent, treatment, duration and functional limitations imposed by the conditions the applicant's attending physician claims as disabling.

Any medical evidence or other information submitted by or on behalf of an applicant or recipient that is determined by the chair of the medical review board to not be objective or pertinent to the applicant's or recipient's claimed medical condition will not be considered, including duplicate records, internet articles or medical records not related to the current application or reexamination.

(2) Assign and oversee competent and impartial independent medical examiners to conduct the medical examinations and tests the chair deems necessary and appropriate to the evaluation of an application. Examinations will be assigned only for conditions listed as disabling by the attending physician and supported by objective medical evidence. The independent medical examiners shall provide written reports of their findings and conclusions as to whether applicants are mentally or physically incapacitated from the performance of regular duties for a period of at least twelve months from the date the completed application was received.

(3) Review the reports of the independent medical examiners. Once the chair is satisfied that no further examinations or tests are needed, a recommendation shall be submitted to the retirement board if the chair concurs with the conclusions of the independent medical examiner or examiners that an applicant is or will be mentally or physically incapacitated from regular duties for a period of at least twelve months.

(4) If the chair reviews the conclusions of the independent medical examiners and concludes that an applicant or recipient is not incapacitated from the performance of regular duties or will not remain incapacitated for at least twelve months, 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 and may direct delay of consideration of an application for treatment.

(5) Submit to the retirement board a report summarizing the conclusions and recommendations of the panels of the medical review board members.

(6) Attend and participate in hearings pursuant to rule 3307:1-7-05 of the Administrative Code as the medical advisor to the retirement board.

(7) Recommend to the retirement board independent physicians from a wide range of medical expertise and specialties to serve as members of the medical review board.

(B) The retirement board shall designate independent physicians to serve as members of the medical review board.

Last updated June 3, 2021 at 9:09 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48, 3307.62, 3307.63, 3307.631
Five Year Review Date: 6/3/2026
Prior Effective Dates: 7/3/1997, 10/29/1998 (Emer.), 9/27/2001, 1/7/2013 (Emer.)
Rule 3307:1-7-03 | Disability - medical evidence and appointments.
 

Each applicant or recipient shall be responsible for providing medical evidence needed by the retirement system and for cooperating fully with all assigned medical examinations, as follows:

(A) Medical evidence or reports from an attending physician shall be filed with the retirement system within fifteen calendar days of the date the retirement system requests such information. The information shall provide objective and pertinent medical evidence supporting the conditions the applicant or recipient claims as disabling.

(B) The retirement system shall provide written notice of the independent medical examiners who will conduct medical examinations and testing. The applicant or recipient shall, within fifteen days of notice from the retirement system, schedule appointments so that examination or testing is completed within the following ninety days, as instructed in the notice. In the event the appointment times available with an independent medical examiner preclude completion of the examination or testing within ninety days, a request for extension to the earliest practicable appointment date may be granted by the retirement system.

(C) The applicant or recipient shall travel to the offices of the assigned independent medical examiners, unless the chair of the medical review board determines that medical evidence submitted by the attending physician of the applicant or recipient demonstrates that he or she is medically unable to travel to the examination site. A request that the chair of the medical review board make such a determination shall be made by the applicant or recipient within fifteen days of notice of the assignment of the independent medical examiners.

(D) The applicant or recipient shall be responsible for all travel costs incurred.

(E) The retirement system will accept responsibility only for the cost of the independent medical examination assigned by the retirement system and requested testing completed at the independent medical examiner's office. The retirement system will also accept responsibility for a missed appointment fee if an applicant or recipient fails for good cause demonstrated to the retirement system to keep the first appointment scheduled with an independent medical examiner, but in no case will payment of more than one such fee per applicant or recipient be made.

(F) An applicant or recipient may request an extension or exception to the foregoing requirements. Any such request shall be in writing directed to the retirement system, and will be granted only if the request demonstrates good cause to the retirement system in its sole discretion. In the event an applicant fails to carry out the foregoing duties in a timely manner, the application for disability benefits will be cancelled. In the event a recipient fails to carry out the foregoing duties in a timely manner, notice will be given by the retirement system to the recipient that the failure will be deemed a refusal if the required examinations and testing are not completed by a specified date. If the recipient has not by that date submitted to the required examination and/or testing, benefits will be suspended as of the first of the month following the specified date. If the failure continues for one year or the disability benefit is terminated for any reason during the one-year period, all of the recipient's rights to the disability benefits shall be terminated as of the effective date of the original suspension.

(G) Any costs incurred by the applicant or recipient in the application or reexamination process, except as noted in this rule, will not be reimbursed by the retirement system.

Last updated June 3, 2021 at 9:09 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48, 3307.62, 3307.63, 3307.631
Five Year Review Date: 6/3/2026
Prior Effective Dates: 12/26/1977, 7/1/2001 (Emer.), 6/10/2016
Rule 3307:1-7-04 | Disability benefits - treatment.
 

(A) If the medical review board or its chair determines that through medical treatment or mechanical devices an applicant's condition might be improved, within the twelve month period following the filing of an application, consideration of the application may be delayed while the applicant obtains the treatment or mechanical devices specified by the medical review board or its chair provided that:

(1) The medical review board or its chair has determined that medical treatment or mechanical devices offer a reasonable expectation of correction or rehabilitation of the disabling condition to the extent that the applicant could be expected to be capable of performing teaching duties within a reasonable time, but not to exceed six months.

(2) The medical review board or its chair has determined that the medical treatment or mechanical devices specified are of wide acceptance and readily available.

(3) The medical treatment or mechanical devices specified under this paragraph shall not include invasive procedures or shock treatment.

(4) Within fifteen calendar days of the end of the treatment period, the applicant shall submit medical evidence from the applicant's medical specialist regarding the treatment provided and progress made during the treatment period.

(5) An applicant may request an extension or exception to the foregoing requirements. Any such request shall be in writing directed to the retirement system, and will be granted only if the request demonstrates good cause to the retirement system in its sole discretion.

(6) In the event an applicant fails to carry out the requirements outlined in paragraph (A) of this rule, the application for disability benefits will be cancelled.

(B) The retirement board may specify medical treatment or mechanical devices as described in paragraph (A) of this rule as a condition of eligibility for granting or continuing disability benefits pursuant to division (G) of section 3307.62 of the Revised Code. Where such treatment is required:

(1) The applicant or recipient shall agree in writing before disability benefits are granted or continued to acquire the treatment or devices specified by the retirement board or its designee(s) upon the recommendation of the chair of the medical review board. An applicant or recipient shall further agree to timely submit periodic reports of the effect of such continuing treatment or devices.

(2) The retirement board will not assume the cost of medical treatment or mechanical devices for a recipient except to the extent such treatment or devices are covered under the retirement system health care program and such a recipient has enrolled in a medical plan provided by the retirement system that covers the treatment or devices.

(3) Disability benefits shall be suspended if the recipient fails to agree or obtain the specified medical treatment or devices or to submit timely reports of such treatment. Notice shall be given to the recipient at least thirty days in advance of suspension. If the required written agreement, treatment and/or reports are thereafter not received for a period of one year or the disability benefit is terminated for any reason during the one-year period, the recipient's right to the disability benefit shall terminate as of the effective date of the original suspension.

(C) Following receipt of notice that consideration of the application is being delayed due to paragraph (A) of this rule, the applicant may submit further medical evidence supporting why treatment or mechanical devices should not be pursued. The evidence will be reviewed by the chair of the medical review board and a determination by the chair that the application be delayed while the applicant obtains medical treatment or medical devices shall be final.

Last updated March 7, 2023 at 10:40 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48, 3307.62, 3307.63, 3307.631
Five Year Review Date: 3/19/2026
Prior Effective Dates: 7/3/1997
Rule 3307:1-7-05 | Disability benefits-denials and terminations.
 

The following procedures are hereby established for the appeal of any denial or termination of disability benefits by the retirement board following an independent medical examination by the state teachers retirement system.

(A) At least seven days before a recommendation is presented to the retirement board, written notification shall be issued to the applicant or recipient. This notice shall include the recommendation to be presented to the retirement board.

(1) No further medical evidence shall be considered once written notification has been issued to an applicant or recipient pursuant to paragraph (A) of this rule.

(2) Should the retirement system receive further medical evidence after written notification has been issued to an applicant or recipient pursuant to paragraph (A) of this rule, the medical evidence shall be held and included as part of the appeal documentation if a right to appeal is exercised as set forth in paragraph (B)(2) of this rule. Should a right to an appeal not be exercised as set forth in paragraph (B)(2) of this rule, the medical evidence will be returned to the person who submitted the information.

(B) Following retirement board action terminating or denying disability benefits:

(1) The applicant or recipient will be informed in writing of the action taken by the retirement board. Notification shall include:

(a) A statement that medical evaluation and retirement board action was conducted in accordance with section 3307.48 or 3307.62 of the Revised Code.

(b) Confirmation that the applicant or recipient has the right to appeal the retirement board action.

(c) A statement explaining that written notice of appeal must be received by the retirement system no later than fifteen calendar days from receipt of notification of denial or termination.

(d) An explanation of future rights and limitations upon the rights to again apply for disability benefits if an appeal is not pursued.

(2) Procedure for exercising right to appeal:

(a) The notice of appeal must be in writing and signed by either the applicant or recipient or the applicant's or recipient's counsel or attending physician. The notice of appeal must include a statement that the appeal will be based on additional medical evidence contrary to the findings of the independent medical examiners and must be received by the retirement system within fifteen calendar days of receipt of notification of retirement board action.

(b) If an applicant or recipient does not appeal the action of the retirement board, a person acting on the member's behalf or the member's employer may exercise the right to appeal in the same manner and subject to the same procedures and requirements as specified for an applicant or recipient.

(3) Following the retirement system's timely receipt of written notice of appeal from an applicant or recipient, the retirement system shall provide the applicant or recipient with the following information confirming the appeal:

(a) Confirmation that the applicant or recipient, counsel for the applicant or the recipient, and/or person acting on the member's behalf, member's employer, or attending physician may present additional medical evidence orally at an appeal hearing that will be scheduled by the retirement system or that additional medical evidence as defined in this rule may be presented in writing. Such additional medical evidence shall not have been previously considered by the independent medical examiner or the medical review board. Additional medical evidence presented in writing must be received by the retirement system on or before the deadline date provided by the retirement system, which shall be at least twelve business days before the date of the scheduled appeal hearing.

(i) "Additional medical evidence" means medical evidence completed up to twelve months preceding the written notice of appeal that has not been previously submitted to the retirement system. Additional medical evidence outside the twelve months preceding the written notice of appeal may be submitted only if the chair of the medical review board has determined in his or her sole discretion that such additional medical evidence pertains to the diagnosis of the applicant's or recipient's claimed disabling condition. In addition:

(a) For an appeal following a denial of disability benefits, additional medical evidence must be related to the conditions presented and supported as part of the initial application.

(b) For an appeal following a termination of disability benefits, additional medical evidence must be related to the recipient's current medical status.

(ii) The chair of the medical review board may request additional medical evidence from the applicant or recipient.

(iii) The chair of the medical review board shall review all information received on appeal. If information is determined not to be additional medical evidence as defined by this rule, the information will not be considered.

(b) Notice that the applicant or recipient may appear at the appeal hearing in person, be represented by counsel and/or an attending physician, or may choose to not appear in person but have the case reviewed by the retirement board or its designee(s).

(c) Notice that if a personal appearance at the appeal hearing is requested by the deadline date provided by the retirement system, the applicant or recipient shall inform the retirement board of the name, title, and position of each person appearing on his/her behalf.

If a personal appearance is requested and scheduled, the applicant or recipient shall appear at the appeal hearing on the date and at the time specified by the retirement system. If the applicant or recipient fails to appear on the specified date and time for any reason, all rights to a personal appearance at an appeal shall terminate and the appeal shall be decided on the basis of written evidence previously submitted.

(d) Notice that the applicant or recipient may request one delay of the deadline date provided by the retirement system, as set forth in paragraph (B)(4) of this rule.

(e) An explanation of the procedures and limitations applicable to the appeal hearing, as set forth in paragraph (B) of this rule.

(f) A statement explaining that any costs incurred by the applicant or recipient in the appeal process will not be reimbursed by the retirement system.

(4)

(a) An applicant or recipient may request in writing one delay of the deadline date provided by the retirement system as outlined in this rule, provided that the request for a delay is received on or before the deadline date provided by the retirement system.

(b) One forty-five calendar day delay may be requested for any reason. A new deadline date will be provided by the retirement system to the applicant or recipient that is forty-five calendar days from the original deadline date provided by the retirement system.

(5) Scope and procedure upon appeal:

(a) An appeal hearing will be scheduled and conducted by the retirement board or its designee(s).

(b) The chairman of the retirement board or the designee(s) shall be responsible for conducting the appeal hearing and the executive director, deputy executive director -- member benefits, or the designee(s) and the chair or designated member of the medical review board may be in attendance to act as advisor.

(c) The purpose of the appeal hearing shall be for the applicant or recipient to present information to the retirement board or its designees(s) based on additional medical evidence not previously considered by the independent medical examiner or the medical review board. Additional medical evidence to be presented at the hearing must be provided to the system by the deadline in paragraph (B)(3)(a) of this rule and should substantiate the applicant's or recipient's claim that the eligibility requirements of section 3307.48 or 3307.62 of the Revised Code have been met and that the applicant or recipient is medically incapacitated from the performance of duty by a previously reported mental or physical condition that is permanent or presumed to be permanent.

(d) Additional medical evidence or other written information may not be submitted at the hearing.

(e) Upon consideration of the record on appeal and the information, positions, contentions and arguments of the applicant or recipient, the retirement board or its designee may request additional medical evidence or direct further examination or testing by independent medical examiners and may return a record for review and recommendation by the medical review board.

(f) When the retirement board is satisfied that the record before it is complete and has completed its deliberations, it may affirm, disaffirm or modify its prior action by a majority vote. Written notice of such action shall be given to the applicant or recipient.

(g) A stenographic record of the appeal hearing will be made only upon request of the applicant or recipient and any and all costs shall be at the applicant's or recipient's expense. Such request must be made in writing and received by the retirement system on or before the deadline date provided by the retirement system as listed in paragraph (B)(3)(a) of this rule.

(h) All communications or notifications during the appeal process shall be sent to the applicant or recipient by certified or priority mail, with copies by regular mail to counsel if the applicant or recipient has notified the retirement system of representation by counsel and signed an appropriate authorization for release of information.

(C) Any subsequent applications for disability benefits received by the retirement system after a denial or termination of benefits shall be submitted with additional medical evidence not previously submitted in connection with prior applications for disability benefits, supporting progression of the former disabling condition or evidence of a new disabling condition. If such evidence is evaluated by the medical review board chair and found to be inadequate to establish the progression of the disabling condition or the existence of a new disabling condition, the application shall be voided and a notice will be sent to the applicant. The decision of the medical review board chair shall be final. If two years have elapsed since the date the member's contributing service terminated, no subsequent application shall be accepted except if the member did not earn service credit before July 1, 2013, the application must be made within a one-year period from the date contributing service terminated.

Last updated June 3, 2021 at 9:09 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48, 3307.62, 3307.63, 3307.631
Five Year Review Date: 6/3/2026
Prior Effective Dates: 10/29/1998 (Emer.), 7/1/2001 (Emer.), 9/17/2001
Rule 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.

Last updated March 7, 2023 at 10:40 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48
Five Year Review Date: 3/19/2026
Prior Effective Dates: 12/23/1976, 12/26/1977, 7/3/1997, 10/29/1998 (Emer.), 7/1/2006, 1/7/2013 (Emer.)
Rule 3307:1-7-07 | Disability benefits - earnings and employment statements.
 

(A) Pursuant to section 3307.48 of the Revised Code each recipient shall by April thirtieth of each year, or such other date designated by the retirement board, submit a statement of annual earnings to the retirement system.

(B) The statement submitted by each recipient shall be on a form provided by the retirement system and shall include a description of all paid work and volunteer service performed during the preceding calendar year, a statement of compensation for work performed, current medical information and such additional information as may be required.

(C) Unless the requirement of annual reporting is waived by the chair of the medical review board, disability benefits shall be suspended if the annual statement is not received within thirty days after notice that it is delinquent. If the statement is found to be delinquent, participation in the retirement system's health care program, if elected, shall be terminated as of the date the disability benefits are suspended. If the required statement or reports are thereafter not received for a period of one year, or the disability benefit is terminated for any reason during the one-year period, the recipient's right to the disability benefit shall terminate as of the effective date of the original suspension.

(D) The requirement of annual reporting shall be waived if the recipient is age seventy-five or older and the chair of the medical review board has certified that the recipient's disability is ongoing.

Last updated June 3, 2021 at 9:10 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48
Five Year Review Date: 6/3/2026
Prior Effective Dates: 12/26/1977, 9/17/2001, 6/7/2019
Rule 3307:1-7-08 | Disability - coordination of state retirement systems.
 

The following rule is established pursuant to section 3307.57 of the Revised Code, which specifies that to coordinate and integrate membership in the state retirement systems, the state retirement system calculating and paying the disability benefit shall certify the determination to the board of each other state retirement system in which the member has service credit and shall be accepted by that board as sufficient for granting a disability benefit.

(A) For purposes of section 3307.57 of the Revised Code and this rule:

"State retirement system" means the school employees retirement system, the public employees retirement system and the state teachers retirement system.

(B) Determination of eligibility for disability benefits to be calculated and paid by the state teachers retirement system shall be pursuant to sections 3307.48, 3307.62, 3307.63 and 3307.631 of the Revised Code.

(C) A state teachers retirement system disability applicant whose last contributing service was with another state retirement system, shall be evaluated for disability eligibility based on performance of their most recent Ohio public service in a state retirement system. In the event the applicant actively contributes to more than one state retirement system at the time of application, the most recent Ohio public service shall be determined to be the employer with whom the member earned the highest compensation.

(D) An applicant who is granted and paid a disability benefit by the state teachers retirement system shall be subject to the leave of absence provisions pursuant to section 3307.48 of the Revised Code.

(E) Notice of the granting or denial of disability benefits shall be provided to the last Ohio public employer by the state retirement system paying the benefit.

(F) When disability benefits are terminated, if the leave of absence period has not expired pursuant to section 3307.48 of the Revised Code, notice of termination of disability benefits shall be provided to the last Ohio public employer by the state retirement system paying the benefit.

(G) An applicant who previously received a disability benefit under this rule shall have subsequent disability benefits calculated with any school employees retirement system or public employees retirement system service used in the calculation of the previous disability benefit and any additional service earned in the school employees retirement system or the public employees retirement system since the original benefits were paid.

Last updated June 3, 2021 at 9:10 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48, 3307.57, 3307.62
Five Year Review Date: 6/3/2026
Prior Effective Dates: 1/7/2013 (Emer.)
Rule 3307:1-7-09 | Disability - appeal of terminations due to teaching service.
 

The following procedures are hereby established pursuant to section 3307.48 of the Revised Code for the appeal of termination of disability benefits by the retirement board when a recipient performed teaching services as defined by rule 3307:1-7-01 of the Administrative Code. Recipients who return to contributing service with the retirement system shall not have the right to appeal the termination of disability benefits.

(A) Disability benefits shall terminate if the recipient performs any teaching service in this state or elsewhere. The termination shall be effective the day prior to beginning the teaching service. Following retirement board action, the recipient will be informed in writing of the action taken by the retirement board and of their right to appeal the retirement board's action.

(B) The recipient may submit in writing, not later than thirty days after the date the notice is sent, to the retirement board information specifying that the recipient did not perform teaching services while receiving disability benefits along with any supporting evidence available to the recipient.

(1) A deadline date will be provided by the retirement system.

(2) Any costs incurred by the recipient in the appeal will not be reimbursed by the retirement system.

(C) The executive director or his or her designee, in consultation with the retirement system's legal counsel, shall act as the retirement board's designee to review information received by a recipient specifying they did not perform teaching services while receiving disability benefits.

(D) After reviewing the information, the executive director or his or her designee shall make a recommendation to the retirement board whether or not to reinstate the disability benefits as directed by section 3307.48 of the Revised Code.

(E) The retirement board's decision shall be final.

Last updated June 3, 2021 at 9:11 AM

Supplemental Information

Authorized By: 3307.04
Amplifies: 3307.48
Five Year Review Date: 6/3/2026