Mo. Code Regs. tit. 16 § 20-2.085
Current through Register Vol. 49, No. 18, September 16, 2024
Section 16 CSR 20-2.085 - Disability Retirement Applications and Other ReliefPURPOSE: The proposed amendment establishes a procedure for disability retirees to attempt to return to employment on a trial basis.
(1) A member who makes a written application for disability retirement benefits pursuant to section 70.680, RSMo, or for other relief pursuant to section 70.605.16, RSMo, shall file the application within one (1) year from the date of alleged disability or within one (1) year of the date of the event from which relief is sought under section 70.605.16, RSMo.(2) For good cause shown, the time period for filing an application for disability retirement benefits, or application for other relief, may be extended, at the sole discretion of the board, except as otherwise limited herein. (A) Requests for extension of time for filing an application for disability retirement benefits or other relief shall be in writing; shall be filed by the member or on the member's behalf; and shall state the reason(s) why the member did not file the application within the one- (1-) year time period specified in section (1).(B) Requests for extension of time for filing shall be accompanied by the completed application for disability retirement benefits or other relief filed by the member or on the member's behalf and shall include all medical information required by section 70.680, RSMo, if applicable.(C) In no event shall requests for extension of time for filing an application for disability retirement benefits or other relief be considered after two (2) years from the date of the alleged disability or event from which other relief is sought.(3) Upon receipt of a request for extension of time to file an application for disability retirement benefits or other relief, the board may grant the extension of time, or deny the request in accordance with the provisions of this rule. If the request is granted, the board will review the application and make its determination. If the request is denied, the member may request a hearing pursuant to the provisions of rule 16 CSR 20-3.010. A member may appeal an adverse determination following such a hearing, in accordance with the provisions of section 70.605.16, RSMo.(4) Notwithstanding other provisions of this rule to the contrary, the board of trustees, in its sole discretion, may allow the filing of an application for disability retirement benefits by a member without regard to the time frames specified in sections (1) and (2) in those instances where the member submits competent medical evidence that the member sustained a work-related injury or illness which, due to the latent, chronic, progressive, or debilitating nature of the injury/illness, did not result in the member's permanent disability for an extended period of time, such that the member would otherwise be precluded from filing an application for disability retirement benefits.(5) A recipient of disability allowance may make a written request to the board of trustees to return, on a trial basis, to full-time or part-time employment in a position the same or substantially similar to the position the recipient was previously determined to be unable to perform. The written request shall include the proposed employer, a job description for the position which the recipient intends to perform, and the proposed start date of employment. The written request shall then either be approved or denied by the board of trustees. If the request is approved, the recipient's disability allowance shall be placed on hold by the board of trustees for the duration of the trial period, which is not to exceed six (6) calendar months. If the recipient is unable to complete his or her trial basis employment period, the recipient must provide written documentation to the board of trustees stating that he or she is physically or mentally totally incapacitated for the further performance of the job duties. Prior to restoring retirement disability status, the board of trustees may require the recipient to submit a Restatement of Disability by attending physician stating that the recipient is physically or mentally totally incapacitated for the further performance of the job duties. If determined to be physically or mentally totally incapacitated for the further performance of the job duties, the recipient shall again be considered a disability retiree and receive a disability retirement allowance restarting the first month following termination of employment, without resubmitting a Retirement Application seeking disability retirement; any contributions paid to the retirement system by the recipient and his or her employer during the incomplete trial basis employment period will be refunded to the employer, which shall then refund its employee for any employee-paid contributions. The recipient shall receive no additional service credit for the incomplete trial basis employment period. If the recipient does successfully complete his or her trial basis employment, his or her disability retirement will be revoked and his or her membership status as of the date of the member's disability retirement shall be restored; any contributions paid by the recipient and his or her employer to the retirement system by the recipient and his or her employer during the trial basis employment period will be retained by the retirement system, and the recipient will be granted service credit for the trial basis employment period. In no event shall the recipient receive a disability allowance in the same calendar month in which the recipient either works for his or her trial basis employer or receives service credit except that if the recipient was in receipt of a duty disability allowance provided for in subsection 3 of section 70.680, RSMo, the recipient shall be given service credit for the period he or she was in receipt of the duty disability allowance. AUTHORITY: sections 70.605.16 and 70.605.21, RSMo Supp. 2011 , and section 70.680.1, RSMo 2000.* Original rule filed Feb. 16, 1999, effective July 30, 1999. Amended: Filed Sept. 26, 2011 , effective March 30, 2012. Amended by Missouri Register April 1, 2021/Volume 46, Number 07, effective 5/31/2021*Original authority: 70.605, RSMo 1967, amended 1974, 1992, 2000, 2003 and 70.680, RSMo 1967, amended 1971, 1972, 1975, 1980, 1988, 1992, 2000.