5505-3-02 Disability retirement application and hearing process.

(A) A member filing for disability retirement benefits, or the superintendent of highway patrol filing for benefits on behalf of a member, shall obtain an application from the highway patrol retirement system.

(B) The application, along with medical reports or competent evidence to support the stated disabling condition(s) shall be forwarded to the executive director.

(C) Upon receipt of the member’s completed application, the board shall cause the completion of a form identifying the member’s duties and responsibilities as of the day preceding the disabling condition(s) identified on the application form.

(D) One or more physicians shall be appointed by the board to conduct a medical examination to determine if the member is totally incapacitated for duty, the cause of incapacitation and whether it is likely to be permanent.

(1) The first such physician shall be contacted within ten calendar days following receipt of any application for disability retirement, and an examination scheduled as soon as practical.

(2) The board shall appoint an examining physician(s) whose area of specialty is consistent with the member’s disabling condition(s).

(3) The number of physicians appointed by the board shall be determined by the type and degree of disabling condition(s).

(4) The applicant may be required to provide available reports of previous test results as requested by the examining physician(s).

(5) The payment of any necessary examining and/or reporting fee shall be the responsibility of the board.

(E) The completed application, all available medical reports and any other pertinent or relevant information available shall be presented to the Disability Committee for review, investigation and recommendation.

(1) The Disability Committee’s review shall be limited to the documents and information before it.

(2) The disability retirement applicant shall have no automatic right to appear before the Disability Committee.

(3) The Disability Committee may request any person attend the committee meeting, including the disability retirement applicant. Appearances shall be by invitation only.

(4) The Disability Committee may recommend acceptance or rejection of any disability retirement application, or it may recommend further investigation or examination of the applicant.

(5) If the Disability Committee recommends further investigation or examination, its recommendation shall be presented to the full Board at its next meeting without further notice to the applicant.

(a) The Board may accept or reject the recommendation.

(b) If the Board accepts the recommendation, further investigation or examination shall occur as determined by the Board.

(c) If the recommendation is rejected, the Board may grant or deny the application or it may remand the application to the Disability Committee for further consideration and recommendation to grant or deny the application for disability retirement.

(6) If the Disability Committee recommends acceptance or rejection of the disability retirement application, the Board’s Executive Director shall notify the disability retirement applicant in writing of the Committee’s decision.

(a) The notice shall be sent within ten days of the Committee’s determination, but no less than three weeks prior to the next Board meeting.

(b) The notice shall contain all of the following:

(i) The Committee’s recommendation;

(ii) The date the disability application will be heard by the Board;

(iii) The applicant’s right to appear at the hearing, with or without counsel, to present evidence and testimony. The applicant must notify the Board’s office in writing of his or her intent to appear at the hearing at least twenty-four hours prior to the hearing.

(F) At its regularly scheduled meeting, but no sooner than three weeks following the meeting of the Disability Committee, the Board shall consider the disability retirement application, along with all available documentation, information and medical reports, and the recommendation of the Disability Committee.

(1) The Board shall consider the application, recommendation and available documentation, information and medical reports at a hearing.

(2) The hearing shall be conducted in executive session and may be recorded by means of electronic, stenographic or other recording device.

(3) The applicant may be present at the hearing, or may be present with or through an attorney, provided the applicant has notified the Board of his or her intent to appear, in accordance with Rule 5505-3-02(E)(6)(b)(iii) above.

(4) Unless the Board allocates additional time, hearings are limited to 30 minutes in length, of which at least 20 minutes shall be reserved to the applicant for presentation of evidence and testimony.

(5) The applicant may present evidence or testimony relevant to the disability claim.

(6) After the hearing, the Board shall consider the disability retirement application. The Board may grant or deny the application, or it may order further action that it deems necessary, including further investigation.

(7) If the Board grants or denies the application, within ten business days following the Board’s decision, the Board’s Executive Director shall notify the applicant of the Board’s decision.

(a) Notice shall be in writing, sent by certified mail.

(b) Approval notification shall contain the effective date of disability retirement.

(G) An applicant who disagrees with the Board’s grant or denial of a disability retirement application may request reconsideration.

(1) A request for reconsideration must be:

(a) made in writing;

(b) received by the Board’s office within sixty days of the mailing of the Board’s determination;

(2) New medical evidence means current objective medical evidence documented by a licensed physician specially trained in the field of medicine pertinent to the illness or injury for which disability is claimed, and such evidence itself has not, heretofore, been submitted, and such evidence does not merely contain or reiterate findings of information contained in documents or evidence previously submitted.

(3) The Executive Director shall schedule such request for reconsideration at the next scheduled meeting of the Board.

(4) Unless otherwise requested by the Board, the Board’s review shall be limited to the application, along with the accompanying documents, information and medical reports, the request for reconsideration, and the new medical evidence.

(5) When considering the request for reconsideration, the Board may request the attendance and assistance of any person; the applicant shall have no right to be present, unless requested by the Board.

(6) The Board shall consider the request for reconsideration in executive session.

(7) Within ten business days following the Board’s decision on reconsideration, the Board’s Executive Director shall notify the applicant of the Board’s decision.

(a) Notice shall be in writing, sent by certified mail.

(b) Approval notification shall contain the effective date of disability retirement.

(H) Failure of the applicant to provide a completed application and required medical reports shall be grounds for deferral of such application for disability retirement benefits.

HISTORY: Eff 3-25-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 5505.04

Rule amplifies: RC 5505.18

RC 119.032 review dates: 3/12/02, 3/1/07, 3/25/09