Md. Code Regs. 22.06.03.03

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

Section 22.06.03.03 - Determination of an Applicant's Claim

A. Disability Has Been Certified.

(1) Except as provided in §A(2) of this regulation, if the medical board certifies that the applicant is disabled and recommends that the Board of Trustees grant ordinary disability retirement, the Disability Unit shall forward the certification to the Executive Director for action by the Board of Trustees as provided in COMAR 22.06.05.

(2) If the applicant is not eligible for ordinary disability retirement because the applicant has fewer than 5 years of eligibility service, the Disability Unit shall forward the certification only if the medical board recommends that the Board of Trustees grant accidental disability retirement.

(3) In the case of an applicant who has been certified disabled by the medical board and who filed a claim for accidental disability retirement:

(a) If the medical board recommends that the Board of Trustees grant accidental disability retirement, the Disability Unit shall forward its recommendation to the Executive Director for action by the Board as provided in COMAR 22.06.05; or

(b) If the medical board recommends that the Board of Trustees deny accidental retirement, following action by the Board of Trustees on the award of ordinary disability retirement as provided in COMAR 22.06.05, the Disability Unit shall:

(i) Notify the applicant of the Board of Trustees' decision on ordinary disability retirement in accordance with COMAR 22.06.05.02C; and

(ii) Advise the applicant of the medical board's recommended denial of accidental disability retirement and the applicant's right to request reconsideration of the medical board's recommendation as provided in §C of this regulation.

B. Disability Has Not Been Certified. If the medical board determines that the applicant is not disabled, the Disability Unit shall notify the applicant of the medical board's determination and advise the applicant of the applicant's right to request reconsideration as provided in §C of this regulation.

C. Requests for Reconsideration.

(1) An applicant who disagrees with the recommendation of the medical board may request not more than one reconsideration of the recommendation.

(2) Subject to §C(3) of this regulation, to request reconsideration, within 30 days of the date of the Disability Unit's notice of the medical board's recommended denial of a disability retirement, an applicant shall submit to the Disability Unit:

(a) A written request for reconsideration; and

(b) Additional documentation, if any, to support the applicant's claim for disability retirement in connection with the reconsideration.

(3) Reconsideration When Disability Has Been Certified.

(a) This subsection applies if an applicant has been certified disabled by the medical board and awarded ordinary disability retirement pursuant to COMAR 22.06.05.03C, but the medical board has recommended denial of accidental disability retirement following its review pursuant to COMAR 22.06.03.02B.

(b) In addition to the requirements set forth in §C(2) of this regulation, an applicant who has been awarded an ordinary disability retirement shall, within 120 days of the date of the Disability Unit's notice, accept an ordinary disability retirement or a service retirement in accordance with COMAR 22.06.05.03B.

(4) The Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05BB if:

(a) The applicant fails to submit a written request for reconsideration within 30 days of the Disability Unit's notice of the medical board's recommended denial of a disability retirement; or

(b) If the applicant was awarded ordinary disability retirement, the applicant fails to accept an ordinary disability retirement or a service retirement in accordance with COMAR 22.06.05.03B within 120 days of the date of the Disability Unit's notice.

Md. Code Regs. 22.06.03.03