Chapter 01. Definitions and General Provisions

“Accidental disability retirement ”means:

“Applicant” means a member or former member who is the subject of a claim for disability retirement.

“Application for Disability Retirement” means the form available from the Retirement Agency that:

“Board Secretary” means the Secretary for the Board of Trustees.

“Disability form” means:

“Disability retirement” means an accidental disability retirement or an ordinary disability retirement.

“Disability Unit” means the unit established within the Member Services Division of the Retirement Agency.

“Disabled” means the:

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

“Independent medical evaluation” means an evaluation by a medical practitioner who:

“Judge” means an administrative law judge at the Office of Administrative Hearings.

“Medical board” means a board of physicians provided for in State Personnel and Pensions Article, §21-126, Annotated Code of Maryland.

“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.

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

“Party” means the Retirement Agency or the applicant whose rights are being adjudicated at a hearing conducted by a judge at the Office.

“Preliminary Application for Disability Retirement” means the form available from the Retirement Agency that:

“Service retirement” means a service retirement allowance or a vested allowance payable under State Personnel and Pensions Article, Division II, Annotated Code of Maryland.

“Statement of Disability” means the form available from the Retirement Agency that:

A disability form is properly completed only if the form:

Signature Requirements.

A disability form is submitted on the date that it is received by the Retirement Agency at the mailing address provided on the form.

A disability form is not considered submitted if it is provided to the employer of an applicant.

Does not provide the Retirement Agency information or documentation requested by the Retirement Agency or the medical board within 45 days of the date of the request;

Does not agree to report for an independent medical evaluation;

Fails to report for a scheduled independent medical evaluation and does not request a postponement at least 5 business days before the date of the evaluation;

If the Board of Trustees awards the applicant a disability retirement, fails to accept a disability retirement or a service retirement within 120 days of the date of the Board of Trustees’ award;

Fails to comply with any time requirement in this subtitle; or

Otherwise fails to diligently pursue the applicant’s claim for disability retirement.

The Retirement Agency may provide not more than one extension of the date to respond to a request under §B1 of this regulation, for a period not to exceed 45 days, if an emergency or other extenuating circumstances prevented an applicant from timely responding to the request.

In the case of a request to postpone an appointment for an independent medical evaluation that is received fewer than 5 business days of the date of the scheduled evaluation, the Retirement Agency may only grant the request upon a showing of an emergency or other extenuating circumstances that prevented the applicant’s attendance at the evaluation. The Retirement Agency may require that the applicant make the postponement request in writing and provide documentation to support the request.

If the Retirement Agency closes an applicant’s file, the applicant’s disability claim is terminated.

Closing an applicant’s file is not a final decision. The applicant may file a new disability claim if the applicant is eligible to apply at the time that the new disability claim is filed.

If an applicant chooses to file a new disability claim, a new Statement of Disability and Preliminary Application for Disability Retirement must be properly completed and timely submitted in accordance with the requirements of State Personnel and Pensions Article, Title 29, Annotated Code of Maryland, and this subtitle.