This subtitle does not apply to the Judges' Retirement System or the Legislative Pension Plan. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Accidental disability retirement ”means: An accidental disability retirement allowance granted in accordance with State Personnel and Pensions Article, §29-109, Annotated Code of Maryland; or 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. “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: Is submitted to the Retirement Agency after the Board of Trustees grants a disability retirement to an applicant; Signifies the applicant’s acceptance of a disability retirement; and If permitted under State Personnel and Pensions Article, §21-401(a), Annotated Code of Maryland, includes: 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 The applicant’s designation of beneficiary. “Board Secretary” means the Secretary for the Board of Trustees. “Disability form” means: An Application for Disability Retirement; A Preliminary Application for Disability Retirement; or A Statement of Disability. “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: Applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant's position; Incapacity is likely to be permanent; and Applicant should be retired. “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: Has expertise in the diagnosis and treatment of the medical condition of the applicant; Is not a treating physician of the applicant; and Is retained by the Retirement Agency to provide an independent medical opinion. “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: Is submitted to the Retirement Agency contemporaneously with the Statement of Disability; 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: The date the applicant submits an Application for Disability Retirement; or The date required for submitting an Application for Disability Retirement under COMAR 22.06.05.03 or .04; and If permitted under State Personnel and Pensions Article, §21-401(a), Annotated Code of Maryland, includes: 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 The applicant’s designation of beneficiary. “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: Is submitted to the Retirement Agency to request an ordinary disability retirement; States whether or not the applicant seeks an accidental disability retirement; and Provides the information and documentation required under COMAR 22.06.02.02. Completion of a Disability Form. A disability form is properly completed only if the form: Is dated and signed in accordance with §A(2) of this regulation; If the form is an Application for Disability Retirement or Preliminary Application for Disability Retirement, is properly acknowledged by a notary public; and Is completed in accordance with: The form’s instructions; and If the form is a Statement of Disability, the requirements set forth in COMAR 22.06.02.02. Signature Requirements. Except as provided in §A(2)(b) of this regulation, a disability form shall be signed and dated by the applicant. If a disability form is completed for an applicant in accordance with State Personnel and Pensions Article, §29-103, Annotated Code of Maryland, and COMAR 22.06.02.03, the form shall be dated and signed by the individual with authority to submit the form on behalf of the applicant. Submission of a Disability Form. 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. Membership in a State system ends in accordance with the provisions of State Personnel and Pensions Article, Division II, Annotated Code of Maryland. In the event of the death of a member, membership continues until 11:59 p.m. on the date of death of the member. An applicant shall diligently pursue the applicant's claim for disability retirement. Subject to §C of this regulation, the Retirement Agency shall close an applicant's file if the 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. Extensions. 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. Effect of Closing File. 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. On written request, an applicant may review the applicant's record on file at the Retirement Agency during normal business hours. State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland Effective date: January 1, 1996 (22:26 Md. R. 2031) Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance. Chapter revised effective October 15, 2012 (39:20 Md. R. 1309) Regulation .02B amended effective November 24, 2016 (43:23 Md. R. 1280) Regulation .04B amended effective November 24, 2016 (43:23 Md. R. 1280) Regulation .05B, C amended effective November 24, 2016 (43:23 Md. R. 1280)