Md. Code Regs. 22.06.02.03

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

Section 22.06.02.03 - Filing for Disability Retirement for a Member

A. In this regulation, "department head" means the individual who has the power to make appointments and terminate employment with regard to the member's position.

B. Except as provided in §§C and D of this regulation, and subject to §E of this regulation, if a member is unable to apply for disability retirement, the member's department head may apply for disability retirement for the member.

C. If a member of the Teachers' Pension System or Teachers' Retirement System is unable to apply for disability retirement, subject to §E of this regulation, the member's State or county superintendent may file for disability retirement for the member.

D. State Police Retirement System.

(1) Subject to §E of this regulation, the Secretary of State Police may apply for disability retirement for a member of the State Police Retirement System if the following criteria are satisfied:

(a) The member:

(i) Is unable to apply for disability retirement; or

(ii) Refuses a request of the Secretary of State Police to apply for disability retirement;

(b) The Secretary of State Police has determined that the member is permanently disabled based on sufficient medical evidence in the form of a written professional opinion from an independent medical practitioner who has recognized expertise in the diagnosis and treatment of the medical condition of the member;

(c) The onset of the disability occurred at least 1 year before filing for disability retirement; and

(d) The member has used any administrative leave granted under Public Safety Article, § 2-410, Annotated Code of Maryland.

(2) Procedures upon Submission of Application.

(a) When submitting an application for disability for a member, the Secretary of State Police shall:

(i) Submit the medical records and other documentation relied upon for the determination; and

(ii) Provide a copy of the application and documentation submitted in support of the application to the member.

(b) The member may submit additional documentation to the Retirement Agency regarding the application for disability.

(3) If the Board of Trustees approves an application for disability retirement filed by the Secretary of State Police on behalf of a member of the State Police Retirement System, the member on whose behalf the application is filed shall be entitled to a hearing to contest a finding of disability in accordance with COMAR 22.06.06.02A(2), unless the member waives the hearing in writing.

E. Filing Requirements.

(1) To apply for disability retirement for a member, a Statement of Disability and Preliminary Application for Disability Retirement must be properly completed and submitted to the Retirement Agency before the date membership ends.

(2) Beneficiary and Option Election.

(a) If a Preliminary Application for Disability Retirement is submitted for a member who is unable to apply, and if the election of an option and designation of beneficiary is permitted under State Personnel and Pensions Article, § 21-401(a), Annotated Code of Maryland:

(i) The last designation of beneficiary form that was properly completed and filed with the Retirement Agency by the member shall serve as the designation of beneficiary for purposes of the Preliminary Application for Disability Retirement; and

(ii) If the member's spouse or disabled child as defined under §72(m)(7) of the Internal Revenue Code is the sole primary beneficiary, then the member will be deemed to have selected option 2, payable under State Personnel and Pensions Article, § 21-403(b), Annotated Code of Maryland; otherwise, the member will be deemed to have selected option 1, payable under State Personnel and Pensions Article, § 21-403(a), Annotated Code of Maryland.

(b) In the event that the member is later able to apply for disability retirement, the member may submit a revised Preliminary Application for Disability Retirement to update the member's option election and beneficiary designation; however, the member may change the option election only if the member notifies the Retirement Agency before the first allowance payment normally becomes due.

Md. Code Regs. 22.06.02.03