Current through Register Vol. XLI, No. 24, June 14, 2024
Section 162-2-2 - Disability Application.2.1. An individual or an individual's employer on behalf of the individual, if permitted, seeking disability retirement benefits shall apply to the Consolidated Public Retirement Board and, unless disability retirement is decided by the Governor of the State of West Virginia pursuant to statutory authority, the Board shall, as part of its initial review, decide the applicant's eligibility for disability retirement. The application shall be upon a form adopted by the Board. The employing agency shall, upon a form adopted by the Board, state the agency's position as to whether or not the disability is work related.2.2. In the event that an individual or that individual's employer on behalf of the individual has applied for and been denied disability retirement by the Board, neither the individual nor the employer may file another application for disability retirement with the Board until the passage of one year from the date of the Board's last denial. Notwithstanding the minimum one year reapplication period, the Board may, in its sole discretion, agree to waive the minimum one year reapplication period for an individual or that individual's employer on behalf of the individual if waiver of the reapplication period is requested by the individual or that individual's employer on a form approved by the Board. The individual or that individual's employer shall demonstrate to the satisfaction of the Board, through medical records, reports or other reliable evidence, that the individual has suffered a new or substantial worsening of his or her medical condition since the Board's most recent denial of his or her application for disability retirement.2.3. After a member receives either a lump sum distribution of contributions or the initial payment of a retirement benefit from the retirement system in which the member was or is a participant, the member is not eligible to apply for or receive disability retirement benefits.2.4. When an application for disability retirement has been submitted by a member of the Public Employees Retirement System or the Teachers' Retirement System who is ultimately determined by the Consolidated Public Retirement Board to have met all the disability requirements, including an affirmative opinion by a Board approved physician, but who dies before the application is approved by the Board, the Board shall process the disability application and pay benefits as though the applicant were still alive and elected a 100% Joint & Survivor disability annuity naming his or her surviving spouse. If the member was not married at the time of his or her death, the named beneficiary or beneficiaries shall be paid in accordance with his or her pre-retirement beneficiary form.