Md. Code Regs. 22.06.05.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 22.06.05.04 - Grant of Ordinary Disability Retirement and Denial of Accidental Disability

A. Scope.

(1) Except as provided in §A(2) of this regulation, this regulation applies to an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees in accordance with Regulation .02 of this chapter.

(2) The denial of an accidental disability retirement for an applicant who previously accepted an ordinary disability retirement and requested reconsideration of the medical board's recommended denial of accidental retirement in accordance with COMAR 22.06.03.03C(3) is governed by Regulation .05 of this chapter.

B. Acceptance of Ordinary Disability Retirement or Service Retirement.

(1) Except as provided in §B(2) of this regulation, an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees shall, within 120 days of the date of the Disability Unit's notice, properly complete and submit an Application for Disability Retirement to the Retirement Agency, accepting the ordinary disability retirement.

(2) Instead of accepting an ordinary disability retirement, an applicant who is eligible to receive a service retirement may accept a service retirement by properly completing and submitting an Application for Service Retirement within 120 days of the date of the Disability Unit's notice.

(3) If the applicant does not accept an ordinary disability retirement or a service retirement within 120 days of the date of the Disability Unit's notice to the applicant, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.

C. Appeal of Denial of Accidental Disability Retirement.

(1) An applicant may appeal the denial of an accidental disability retirement by simultaneously submitting a written request for hearing to the Retirement Agency on the same date that the applicant timely submits a properly completed Application for Disability Retirement or Application for Service Retirement in accordance with §B of this regulation.

(2) An applicant who fails to submit a written request for hearing on the same date that the applicant timely submits a properly completed Application for Disability Retirement or Application for Service Retirement to the Retirement Agency shall not have any further right to appeal the denial of accidental disability retirement.

Md. Code Regs. 22.06.05.04

Regulations .04 amended effective October 15, 2012 (39:20 Md. R. 1309)