Current through Vol. 24-18, October 15, 2024
Section R. 28.14952 - Claim; forms; deadlineRule 2.
(1) Claims for benefits under the act shall be submitted on the form or in the manner prescribed by the commission. A claim for a benefit resulting from the death of a public safety officer shall be filed within 1 year after the date of death. A death benefit may be denied for inactivity on the claim, if requested documentation is not provided to the commission by the claimant within a period of 1 year following the initial request. For good cause, the executive director may grant 1 3-month extension of this deadline.(2) A claim by a permanently and totally disabled public safety officer or on behalf of a survivor of a deceased public safety officer shall be filed within 1 year after the date of death or prerequisite disability certification, unless the time for filing is extended by the executive director for good cause. The withdrawal of a claim, the cancellation of a request for withdrawal, or any notice provided for in these rules, shall be in writing and shall be signed by the claimant or the person legally designated to execute a claim.(3) A prerequisite certification means either of the following:(i) The employing agency's official, certified award to the claimant public safety officer of its maximum disability finding and compensation, including the officer's permanent and complete separation from the employing public safety agency as the direct result of an injury in the line of duty.(ii) If the employing agency does not itself make such disability awards, then an official certified award to the claimant public safety officer by the cognizant judicial, political, or administrative agency or body of its maximum disability finding and compensation, including the officer's permanent and complete separation from the employing public safety agency as the direct result of an injury sustained in the line of duty.(4) The acceptability of the declaration of an award in subrule (3) of this rule shall be the determination of the commission. The commission may require any of the following before making a final determination on a claim by a permanently and totally disabled public safety officer:(i) Further investigation of the claim.(ii) Additional documentation.(iii) Additional opinions.Mich. Admin. Code R. 28.14952