The members are required to undergo reasonable examination by two licensed and practicing physicians selected by the Fund’s board.
The new rule was published the Commonwealth Register.
The public can submit their comments until Jan. 22.
According to the new rule, at least one of the two licensed and practicing physicians must be a specialist in the area of the disability being examined.
Previously, any applicant could be examined by a vocational rehabilitation expert or another expert selected by the Fund administrator.
The administrator could investigate the member’s disability and submit any information gathered to a licensed physician or specialist to determine the member’s initial or continuing entitlement to a disability annuity.
“If any examination indicates that the disability annuitant is no longer physically or mentally incapacitated for service, or that the disability annuity is engaged in or is able to engage in a gainful occupation, payment of the disability annuity by the Fund shall be discontinued,” the current rule stated.
An application of a member who will not undergo a reasonable examination, or who failed to cooperate with the examiner and insisted not to provide any requested information, will be cancelled, and if payment has started it will immediately be stopped.
Current rule states that a Retirement Fund member who becomes disabled from an occupational cause and qualified for disability benefits is entitled to get benefits computed at 50 percent of the salary earned at the time the disability occurred.
Any disabled Class I member, who is eligible to retire on a normal or service retirement, will not receive a retirement annuity, but will get disability benefits in an amount that will not exceed the retirement annuity.
