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 any termination of disability benefits by the board when a disability recipient performed teaching services as defined by rule 3307:1-7-01 of the Administrative Code.

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

(B) The recipient may submit in writing, not later than thirty days after the date the notice is sent, to the board information specifying that the disability 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 designee, in consultation with the retirement system's legal counsel, shall act as the board's designee to review information received by a member specifying they did not perform teaching services while receiving disability benefits.

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

(E) The board's decision is final.

Effective: 09/09/2013
R.C. 119.032 review dates: 09/09/2018
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.48
Prior Effective Dates: 7/1/13 (Emer)