Md. Code Regs. 22.06.01.02

Current through Register Vol. 51, No. 20, October 4, 2024

Section 22.06.01.02 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Accidental disability retirement "means:

(a) An accidental disability retirement allowance granted in accordance with State Personnel and Pensions Article, § 29-109, Annotated Code of Maryland; or

(b) A special disability retirement allowance granted to a member of the State Police Retirement System in accordance with State Personnel and Pensions Article, § 29-111, Annotated Code of Maryland.

(2) "Applicant" means a member or former member who is the subject of a claim for disability retirement.

(3) "Application for Disability Retirement" means the form available from the Retirement Agency that:

(a) Is submitted to the Retirement Agency after the Board of Trustees grants a disability retirement to an applicant;

(b) Signifies the applicant's acceptance of a disability retirement; and

(c) If permitted under State Personnel and Pensions Article, § 21-401(a), Annotated Code of Maryland, includes:

(i) The applicant's election of the basic allowance or one of the optional forms of allowance payable in accordance with State Personnel and Pensions Article, § 21-403, Annotated Code of Maryland; and

(ii) The applicant's designation of beneficiary.

(4) "Board Secretary" means the Secretary for the Board of Trustees.

(5) "Disability form" means:

(a) An Application for Disability Retirement;

(b) A Preliminary Application for Disability Retirement; or

(c) A Statement of Disability.

(6) "Disability retirement" means an accidental disability retirement or an ordinary disability retirement.

(7) "Disability Unit" means the unit established within the Member Services Division of the Retirement Agency.

(8) "Disabled" means the:

(a) Applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant's position;

(b) Incapacity is likely to be permanent; and

(c) Applicant should be retired.

(9) "Former member" has the meaning stated in State Personnel and Pensions Article, § 20-101(t), Annotated Code of Maryland.

(10) "Independent medical evaluation" means an evaluation by a medical practitioner who:

(a) Has expertise in the diagnosis and treatment of the medical condition of the applicant;

(b) Is not a treating physician of the applicant; and

(c) Is retained by the Retirement Agency to provide an independent medical opinion.

(11) "Judge" means an administrative law judge at the Office of Administrative Hearings.

(12) "Medical board" means a board of physicians provided for in State Personnel and Pensions Article, § 21-126, Annotated Code of Maryland.

(13) "Office" means the Office of Administrative Hearings established as a unit of State government within the Executive Branch responsible for conducting hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.

(14) "Ordinary disability retirement" means an ordinary disability retirement allowance granted in accordance with State Personnel and Pensions Article, § 29-105, Annotated Code of Maryland.

(15) "Party" means the Retirement Agency or the applicant whose rights are being adjudicated at a hearing conducted by a judge at the Office.

(16) "Preliminary Application for Disability Retirement" means the form available from the Retirement Agency that:

(a) Is submitted to the Retirement Agency contemporaneously with the Statement of Disability;

(b) Signifies an applicant's acceptance of a disability retirement in the event that the applicant is awarded a disability retirement but dies before the first to occur of the following:

(i) The date the applicant submits an Application for Disability Retirement; or

(ii) The date required for submitting an Application for Disability Retirement under COMAR 22.06.05.03A or .04; and

(c) If permitted under State Personnel and Pensions Article, § 21-401(a), Annotated Code of Maryland, includes:

(i) The applicant's election of one of the optional forms of allowance payable in accordance with State Personnel and Pensions Article, § 21-403(a) or (b, Annotated Code of Maryland); and

(ii) The applicant's designation of beneficiary.

(17) "Service retirement" means a service retirement allowance or a vested allowance payable under State Personnel and Pensions Article, Division II, Annotated Code of Maryland.

(18) "Statement of Disability" means the form available from the Retirement Agency that:

(a) Is submitted to the Retirement Agency to request an ordinary disability retirement;

(b) States whether or not the applicant seeks an accidental disability retirement; and

(c) Provides the information and documentation required under COMAR 22.06.02.02A.

Md. Code Regs. 22.06.01.02

Regulations .02 amended effective 43:23 Md. R. 1280, eff. 11/24/2016