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

(A) A disability application provided by the retirement system may be filed by a member, a person acting on behalf of a member, or the superintendent of the state highway patrol.

(1) As used in this rule, “member” does not include state highway patrol cadets attending training schools pursuant to section 5503.05 of the Revised Code.

(2) A terminated employee, whether the termination from the state highway patrol is voluntary or involuntary, ceases to be a member of the retirement system.

(B) With the application, the applicant will submit all medical reports that relate to the alleged disabling condition.

(1) Identify the member’s duties and responsibilities effective on the day preceding the disabling condition; and

(2) Appoint one or more health care professionals with expertise in the disabling condition to examine the applicant at the expense of the retirement system to determine fitness for duty.

(D) After examining the applicant and reviewing the application, any medical reports submitted by the applicant, and the results of any additional medical testing, the health care professional or professionals will file a written report with the board with the following information:

(1) Whether the member is totally incapacitated for duty in the employ of the patrol,

(2) Whether the incapacity is expected to be permanent, and

(3) The cause of the member’s incapacity.

(E) The board will forward a copy of the written report of the health care professional or professionals to the disability committee, which will schedule a hearing date.

(F) No less than ten days prior to the hearing, the applicant will be notified by certified mail or another method that is acknowledged in writing by the applicant of -

(1) The hearing date and time, and

(2) The right to appear at the hearing, with or without counsel, to present evidence and testimony.

(G) The disability committee hearing will be held in executive session. An audio recording of testimony on behalf of the applicant will be made to provide the disability committee and board with a record for further review, notwithstanding rule 5505-9-07 of the Administrative Code.The disability committee will consider the application, any medical reports submitted by the applicant, the results of any additional medical testing, the written report of the health care professional or professionals, and other relevant information.

The disability committee may recommend one or more of the following:

(1) Approval or denial of the application,

(2) A finding on whether or not the disability occurred in the line of duty,

(3) A finding that disability retirement be contingent on compliance with a treatment plan,

(4) Further investigation,

(5) Additional examination of the applicant.

(H) No less than ten days after the hearing, the applicant will be notified by certified mail or another method that is acknowledged in writing by the applicant of -

(1) The disability committee’s recommendations,

(2) If applicable, a reasonable explanation for denial, and

(3) The right to request reconsideration of the disability committee’s decision.

(I) Within ten days of receiving notification of the disability committee’s recommendations, the applicant may file a written request for reconsideration. The request will be considered at the next regularly scheduled meeting of the disability commitee and must be accompanied by new medical evidence.

(J) At the next regularly scheduled meeting of the board, the disability committee’s recommendations on a disability application may be adopted or rejected, in whole or in part, or remanded to the disability committee for further consideration.

(K) No less than ten days after the board meets, the applicant will be notified by certified mail or another method that is acknowledged in writing by the applicant of -

(1) The board’s decision, and

(2) If applicable, the effective date of the disability retirement.

Replaces: 5505-3-02

Effective: 12/16/2011

R.C. 119.032 review dates: 12/16/2016

Promulgated Under: 111.15

Statutory Authority: 5505.04

Rule Amplifies: 5505.18

Prior Effective Dates: 1/1/86, 3/28/02, 3/25/2004