Ohio Administrative Code|Rule 145-2-21 | Application for a disability benefit.

                                                
(A) For the purpose of sections 145.35, 145.36, 145.361, 145.362,
		  and 145.37 of the Revised Code and agency 145 of the Administrative
		  Code:
(1) "Disability" means a
			 presumed permanent mental or physical incapacity for the performance of the
			 member's present or most recent public duty that is the result of a
			 disabling condition that has occurred or has increased since an individual
			 became a member.
(2) "Has not attained the applicable
			 age " means a member has filed an application for a disability retirement
			 with the public employees retirement system and not become the applicable age
			 before the last day public service terminated.
(3) "On-duty illness or injury"
			 means an illness or injury that: (a) occurred during or resulted from
			 performance of duties under the direct supervision of a member's public
			 employer, and (b) is not an exacerbation of an existing illness or injury
			 medically diagnosed before the first day of employment with the employer
			 reporting to the retirement system.
(4) "Original disability plan"
			 means the plan that provides a benefit pursuant to section 145.36 of the
			 Revised Code.
(5) "Revised disability plan"
			 means the plan that provides a benefit pursuant to section 145.361 of the
			 Revised Code.
(6) "Medical examination" means
			 a physical or psychological examination, as appropriate, or an examination of
			 the entire disability application and medical reports.
(7) "Rehabilitative services"
			 includes, but is not limited to, treatment, evaluations, or training, or any
			 combination of them, that is acceptable to the physician(s) selected by the
			 board.
(8) "Receiving rehabilitative
			 services" means that the recipient has elected to participate in
			 rehabilitative services not less than six months prior to the beginning of the
			 third year following the benefit effective date.
(9) "Regional job market"
			 means within a seventy-five mile radius of the members address on file
			 with the retirement system.
(B) A member shall make application for a disability benefit on a
		  form provided by the retirement system.
(1) A complete disability application
			 shall consist of the members disability benefit application, the report
			 of the employer, job description, and the report of physician that has been
			 completed by the members physician and affirmatively indicates the
			 existence of the members disability and the date on which the illness or
			 injury occurred. The application and supporting reports must be submitted on
			 forms provided by the retirement system. Medical information submitted in
			 support of a member's application shall not be accepted after the business
			 day immediately prior to the member's first or only medical
			 examination.
(2) Consideration of a
			 member's application shall be limited to the disabling condition(s) listed
			 in the report of attending physician(s) that was completed by the member's
			 physician(s).
(3) Upon receipt of a complete disability
			 application, as described in paragraph (B)(1) of this rule, the retirement
			 system's medical consultant(s) shall review all such documentation and
			 prepare a recommendation to the board.
(a) Payment of any administrative fees or fees for the
				preparation of the report of the member's physician(s) shall be the
				responsibility of the member.
(b) Payment of any fees for the preparation of the report of the
				examining physician(s) shall be the responsibility of the retirement system.
				Fees assessed by the examining physician(s) due to the members
				cancellation of an examination are the responsibility of the
				member.
(C) The board shall review disability applications and the
		  written recommendations of its medical consultant at its regular meetings. The
		  determination by the board on any application is final.
The board may approve a member's application
		  contingent on the following conditions.
(1)  The medical consultant determines
			 that:
(a)  The member has a disability as defined in section 145.35 of
				the Revised Code and this rule, and whichever of the following
				apply:
(b)  
(i) For disability
				  benefit applications received before January 7, 2013, and for disability
				  benefit recipients whose applications were received on or after January 7,
				  2013, and who are on leave of absence as defined in section 145.362 of the
				  Revised Code, additional medical treatment offers an expectation of improvement
				  of the disabling condition to the extent a member may return to the
				  member's previous or similar job duties; or
(ii) For disability
				  benefit recipients whose application is received on or after January 7, 2013,
				  and who are not on leave of absence as defined in section 145.362 of the
				  Revised Code, additional medical treatment or rehabilitative services offers an
				  expectation of improvement of the disabling condition to the extent a member
				  may return to work in any position described in division (B) of that
				  section.
(2) Such additional
			 medical treatment shall be of common medical acceptance and readily available,
			 and may include, but is not limited to, medicine, alcohol or drug
			 rehabilitation, or mechanical devices but would exclude surgery or other
			 invasive procedures.
(3) The member, prior to receipt of
			 disability benefits, shall agree in writing on a form provided by the board to
			 obtain the recommended treatment and submit required medical reports during the
			 treatment period.
(4) The member terminates public
			 employment not later than the end of the month following the month in which the
			 board made its decision to approve the disability benefit application. If a
			 member fails to terminate public employment within this time frame, the
			 disability application is void and the disability benefit shall not be paid and
			 is forfeited. If eligible, the member may file a new disability
			 application.
(D) A member may withdraw an application for a disability benefit
		  prior to receipt of the initial benefit payment in the same method as described
		  in rule 145-1-65 of the Administrative Code.
(E) The following apply to disability applications filed after
		  the board's decision is final:
(1) Any subsequent
			 applications for a disability benefit filed within the two years following the
			 board's final decision of denial shall be submitted with medical evidence
			 supporting progression of the disabling condition or evidence of a new
			 disabling condition.
(2) The retirement board
			 shall not consider an application under this paragraph if the medical
			 consultant or examining physician concludes there is no evidence of progression
			 or a new disabling condition and the application shall be voided.
(3) Notwithstanding
			 paragraphs (E)(1) and (E)(2) of this rule, a member may file a new disability
			 application without showing progression or a new condition if the member has
			 changed his or her position of public employment since the board's
			 decision became final.
(4) If two years have
			 elapsed since the date the member's contributing service terminated, no
			 subsequent application shall be accepted.


Last updated January 3, 2022 at 9:06 AM