In all disability proceedings the decision of the retirement board shall be based exclusively on the record of the hearing or, if there is no hearing, on the record of the proceeding. A written decision shall be made as soon as administratively feasible and copies of the decision shall be sent to all parties as provided in 840 CMR 10.13.
(1)Proceedings for Disability Retirement. In proceedings for disability retirement the retirement board shall determine whether the member is eligible for disability retirement under M.G.L. c. 32, § 6 or 7, or under another section of general or special law, and under the standard set forth in 840 CMR 10.04. In no event shall the decision be later than 180 days after the completed application for disability retirement is filed pursuant to 840 CMR 10.06, unless an extension is granted by PERAC under M.G.L. c. 32, § 6(4) or § 7(6). (a)Decision to Grant Application: Information to Be Sent to PERAC. If the retirement board decides to grant an application for disability retirement, a copy of the decision approved and signed by the voting members of the board shall be sent to PERAC on the appropriate form together with a statement of the facts found by the retirement board and all of the documentary evidence in the record that may be of assistance to PERAC including, without limitation, the following: 1. The certificate of the member's physician;2. For accidental disability claims, copies of any injury reports filed with the retirement board or the member's employer;3. All descriptions of the member's duties;4. All documents prepared by the member in connection with the application, including the member's statement of background, qualifications and physical activities;5. All documents prepared by the employer in connection with the application, including the employer's statement;6. For accidental disability claims, the member's statement of circumstances of personal injury or hazard undergone;7. All documents prepared by the retirement board in connection with the application;8. The certificate(s) of the medical panel, including any and all correspondence from the medical panel.(b)When a Board Member Is the Applicant. In circumstances when the applicant is a member of the retirement board, that board member shall not be permitted to participate as a board member or approve his or her own application.(c)Decision to Deny Application. If the retirement board decides to deny an application for disability retirement the board shall notify PERAC and notice of the decision and right to appeal shall be sent to all parties within three business days of the decision. A copy of M.G.L. c. 32, §§ 16(3) and (4) shall be included with the notice of decision and, upon request, the retirement board shall assist the applicant or retired member, as the case may be, in filing of the appeal.Amended by Mass Register Issue 1308, eff. 3/11/2016.