The governor said while the intent of the Legislature should be commended for protecting the rights of disabled retirees, it should be cognizant of potential abuse if House Bill 16-81, offered by Saipan Republican Reps. Joseph C. Reyes and Stanley T. Torres, was enacted into law.
“It is clear that the original language and intent and the legislation as passed present two significantly different measures. H.B. 16-81 provides for a more lenient process to certifying total and permanent disability while exposing the (Retirement Fund) to possible increase for abuses,” said the governor in his veto message to the Legislature.
The bill will amend Public Law 13-60 which requires potential disabled retirees to be examined by two physicians and a vocational rehabilitation counselor.
Had the bill been signed into law, a vocational rehabilitation counselor’s professional opinion to determine if one is permanently disabled would not be needed.
One of the two physicians would no longer be required to be a specialist in the area of the disability being evaluated.
But the governor said the measure removes the safeguard needed to ascertain the disability of a retiree.
“The legislation as passed not only removed the amendment to require one specialist but also amended Public Law 13-60 by removing the requirement to be certified by a vocational rehabilitation counselor,” said the governor.
“It removed an important safeguard in certifying a claimant as totally and permanently disabled. A vocational rehabilitation counselor’s certification is important because considering the nature of his/her profession, to rehabilitate persons, if he/she certifies a person as totally and permanently disabled, it is credible evidence of a true disability,” he added.
H.B. 16-81 was passed by the House on April 2 and by the Senate on April 22.
