Section 10.14 - Comprehensive Medical EvaluationAfter a public employee retires for accidental or ordinary disability retirement, that member must participate in an evaluation once per year during the first two years after retirement and once every three years thereafter. This evaluation shall consist of PERAC's review of the retiree's medical records and all information submitted by the retiree's retirement board to determine whether the retiree is permanently or currently unable to perform the essential duties of the position from which he or she retired. In making this determination for municipal public safety personnel, PERAC shall utilize and apply the Regulations for the Initial Medical and Physical Fitness Standards Test for Municipal Public Safety Personnel promulgated by the Human Resources Division of the Commonwealth. Following review, PERAC may determine that:
(1)Retiree is Permanently Disabled. In the event PERAC determines that the retiree is permanently unable to perform the essential duties of the position from which he or she retired because of the catastrophic nature of his or her medical condition, the retiree will not be scheduled for a comprehensive medical examination.(2)Retiree is Currently Disabled. In the event PERAC determines that the retiree is currently unable to perform the essential duties of the position from which he or she retired, the retiree will not be scheduled for a comprehensive medical examination, but he or she may be subject to future evaluations.(3)Further Information Needed. In the event PERAC determines that further information is needed to determine whether the retiree should be restored to service, PERAC may request that the retiree furnish PERAC with copies of all medical records from the date of retirement or from the date of the member's most recent CME, whichever last occurs. If a retiree does not submit additional medical records to PERAC, PERAC may schedule the retiree for a comprehensive medical evaluation with a physician. A retiree's failure to respond at all to PERAC may result in the suspension of the retiree's retirement allowance until brought into compliance. (a) In the event that further information is provided, PERAC will review the information submitted and will determine whether the retiree is still permanently or currently disabled, or whether the case will proceed to a comprehensive medical evaluation. 1. If the retiree is deemed permanently or currently disabled, the provisions of 840 CMR 10.14(1) and (2), respectively, shall apply;2. If it is determined that the case should proceed, PERAC will schedule a comprehensive medical evaluation for the retiree so that all aspects of the retiree's health can be considered when making a decision as to his or her ability to perform the essential duties of the position from which he or she retired. The referral for the comprehensive medical examination is made to a single physician, but the examination may also involve consultations with other physicians as well as various medical tests, pursuant to M.G.L. c. 32, § 8. Upon completion of the comprehensive medical evaluation, the physician examiner will complete a narrative report, wherein the physician will comment on each of the consultations and tests included in the evaluation process.(b) If it is determined, based upon the comprehensive medical examination, that a retiree is able to perform the essential duties of the position from which he or she retired, or a similar position within the same department for which he or she is qualified, the retiree will enter the restoration to service phase of the disability process.Amended by Mass Register Issue 1308, eff. 3/11/2016.