Ariz. Admin. Code § 13-8-105

Current through Register Vol. 30, No. 45, November 8, 2024

Section R13-8-105 - Disability Retirement

A. When a member applies for ordinary, accidental, catastrophic, or temporary disability pension, the member shall be provided with the appropriate forms, information on the documentation required, and assistance in applying for a disability pension.

B. When all required forms and documentation have been fully completed and submitted to the secretary, the secretary shall schedule the appointed Medical Board, notify the claimant of the date, time, and location of the Medical Board examination, and forward the application and all appropriate papers to the Medical Board.

C. If the claimant is applying for an ordinary disability pension, the local board shall request the Medical Board to address specifically:

1. Whether the claimant:

a. Has a physical condition which totally and permanently prevents the claimant from performing a reasonable range of duties within the member's department, or

b. Has a mental condition which totally and permanently prevents the claimant from engaging in any substantial gainful activity, and

2. Whether the claimant's disability is the result of a physical or mental condition or injury that existed or occurred prior to the claimant's date of membership in the system.

D. If the claimant is applying for an accidental disability pension, the local board shall request the Medical Board to address specifically:

1. Whether the claimant has a physical or mental condition which totally and permanently prevents the claimant from performing a reasonable range of duties within the member's job classification,

2. Whether the disabling condition was incurred in the performance of the member's job duties, and

3. Whether the claimant's disability is the result of a physical or mental condition or injury that existed or occurred prior to the claimant's date of membership in the system.

E. If the claimant is applying for a temporary disability pension, the local board shall request the Medical Board to address specifically:

1. Whether the claimant has a physical or mental condition which totally and temporarily prevents the claimant from performing a reasonable range of duties within the member's department, and

2. Whether the disabling condition was incurred in the performance of the member's job duties.

F. If the claimant is applying for a catastrophic disability pension, the local board shall request the Medical Board to address specifically:

1. Whether the claimant has a physical condition which totally and permanently prevents the claimant from engaging in any gainful employment,

2. Whether the disabling physical condition or injury was incurred in the performance of the claimant's employment duties, and

3. Whether the claimant's disability is the result of a physical condition or injury that existed or occurred prior to the claimant's date of membership in the system.

G. Upon receipt of the Medical Board's evaluation, the secretary shall forward a copy of the evaluation to the claimant, and the application for disability retirement shall be placed on the agenda for the next regularly scheduled meeting of the local board, provided the evaluation is received ten calendar days prior to the meeting.

H. A member shall be permitted to address the local board when the local board is considering the member's application.

Ariz. Admin. Code § R13-8-105

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).