N.J. Admin. Code § 17:3-6.25

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:3-6.25 - Disability retirement applications; medical examination; physicians

(a) In addition to the reports required with the application pursuant to N.J.A.C. 17:3-6.1(f)1 and 2, applicants for a disability retirement shall submit with their applications all the medical information they can supply relative to their disability, including: reports of their personal physicians and consulting physicians, hospital records, diagnostic test results, and any other medical information that would assist the independent medical examiner, Medical Review Board, and the Board in determining eligibility of the applicants for a disability retirement. The Division shall forward the applications and the accompanying medical information to the Medical Review Board.

1. The applicant must submit all required documentation within six months of submitting the disability retirement application, or the application will be cancelled. The member will then be required to complete a new application for a future retirement date.

(b)N.J.S.A. 18A:66-39 and 40 require the Fund or the Board to designate physicians to perform medical examinations. A designated physician shall not be a member's personal physician, except in the case of a member whose personal physician has identified the member as having a probable abbreviated life expectancy (referred to as an "imminent death" case), if corroborating medical evidence of the diagnosis can be obtained.

(c) The Division reserves the right to require a member to sign a sworn certification that the member knows of no underlying condition that exists related to the disability for which the member is seeking a benefit and that all available medical reports related to the disability have been disclosed to the IME prior to the examination.

(d) A member filing for any type of disability retirement shall not file a separate application for any other type of retirement while an ordinary or accidental disability retirement application is pending before the Board.

(e) If a disability retirement application is denied by the Board and the applicant qualifies for any other retirement benefit, the applicant will be required to submit a written statement to receive that benefit. If the applicant submits the written statement within 30 days of the Board's decision, the applicant may retain the retirement date designated on the disability retirement application, collect the alternate retirement benefit, and appeal the denial of disability retirement.

(f) The member's disability retirement application will be processed on the basis of the medical conditions described on the submitted application. If the disability retirement application is denied, the member may file an appeal within 45 days, based on the medical conditions described on the submitted application. An applicant who files an appeal of a denial of disability retirement may qualify for a deferred retirement during the pendency of the appeal. Such applicant who wishes to accept the deferred retirement must include a written statement accepting deferred retirement at the time of the appeal.

(g) If a disability retirement application is denied by the Board and the applicant wishes to reapply for a disability retirement based on a new incident date or different or additional medical condition, the applicant will be required to submit a new application with a new retirement date. The applicant must also continue to meet the requirements at N.J.A.C. 17:1-6.4(a). All supporting documentation required must be submitted in support of the new incident or medical conditions listed on the application.

N.J. Admin. Code § 17:3-6.25

As amended, R.1973 d.49, effective 2/14/1973.
See: 5 New Jersey Register 20(b), 5 New Jersey Register 95(b).
As amended, R.1975 d.140, effective 5/27/1975.
See: 7 New Jersey Register 179(a), 7 New Jersey Register 349(a).
As amended, R.1977 d.96, effective 3/21/1977.
See: 9 New Jersey Register 100(b), 9 New Jersey Register 200(a).
As amended, R.1982 d.15, effective 2/1/1982.
See: 13 New Jersey Register 749(a), 14 New Jersey Register 161(d).
Deleted "in order ... by the fund" and substituted "in the cases ... can be obtained".
Amended by R.2002 d.352, effective 11/4/2002.
See: 34 New Jersey Register 1997(a), 34 New Jersey Register 3782(c).
Rewrote the section.

Amended by 55 N.J.R. 957(a), effective 5/1/2023