Section R13-8-106. Medical Examination of and Recovery by Mem- ber with Accidental or Ordinary Disability

A.      When the local board determines that a member qualifies for an ordinary or accidental disability retirement pension and the

member will not reach normal retirement date within one year of the initial determination, the local board shall determine whether and when to request medical re-examination pursuant to A.R.S. § 38-844(E).

B.       If the local board requests a medical re-examination, the secre- tary shall so calendar the requested medical examination; pro- cess and direct the relevant medical documents; notify the member of the date, time, and location of the medical exami- nation; and forward appropriate documentation to the doctors or clinic performing the medical examination.

C.      The local board shall request the Medical Board performing the medical re-examination to address specifically whether the member has sufficiently recovered to be able to engage in a reasonable range of duties within the member’s department.

D.      Upon receipt of the report of the medical re-examination, the secretary shall forward a copy to the member and place the item on the agenda for the next regularly scheduled meeting of the local board, provided the report is received ten calendar days prior to the meeting.

E.       The member shall be permitted to address the local board at any board meeting at which a determination on recovery may be made.

F.       If the local board determines that the member has recovered sufficiently to be able to engage in a reasonable range of duties within the member’s department, the local board shall notify the member and the member’s department. If the member’s department makes an offer of employment to the member, and the member refuses an offer of employment from the mem- ber’s department or from any employer in the system, the local board shall terminate benefits.

G.      If the local board determines that the member has not recov- ered, the local board shall determine whether and when to request another medical re-examination pursuant to A.R.S. § 38-844(E).

H.      Notwithstanding the provisions of subsections (A) and (G), the local board may request a medical re-examination pursuant to

A.R.S. § 38-844(E) at any time prior to the normal retirement date of a member with a disability pension.

Historical Note

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).