Except as provided in State Personnel and Pensions Article, §29-104, Annotated Code of Maryland, and Regulations .03 and .04 of this chapter, to apply for disability retirement, a member must properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement before the date membership ends. A Statement of Disability submitted to the Retirement Agency shall: Identify the mental or physical condition that is claimed to have permanently incapacitated the applicant for the further performance of the normal duties of the applicant’s position; Give the applicant’s consent to report for one or more independent medical evaluations at the request of the Retirement Agency; and Provide the information and documents requested by the Retirement Agency, including but not limited to: A report completed by the applicant’s physician in the format required by the Retirement Agency; A written authorization for the release of medical records and personnel records to the Retirement Agency, medical board, and the physicians designated by the Retirement Agency; A copy of the applicant’s position description that is signed and dated by the applicant’s employer; Any reports of injury filed with the applicant’s employer; Any disability determinations rendered by the Social Security Administration; The applicant’s attendance record for the 12-month period preceding the submission of the Statement of Disability; and The applicant’s most recent written employment performance evaluation, if any. In addition to the requirements set forth in §A of this regulation, if accidental disability retirement is requested, a Statement of Disability shall: Identify: Every work-related accident that is claimed to entitle the applicant to accidental disability retirement; or If the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System, every work-related accident or work-related condition that is claimed to entitle the applicant to accidental disability retirement; and Provide any workers’ compensation awards related to the claim for accidental disability retirement. An applicant who, at the time of submission of a Statement of Disability, fails to request accidental disability retirement or fails to identify a work-related accident in accordance with §B of this regulation may not later request accidental disability retirement or submit a new claim for accidental disability retirement based upon a work-related accident that took place before the date the applicant submitted the Statement of Disability. 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. 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. 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. State Police Retirement System. 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: The member: Is unable to apply for disability retirement; or Refuses a request of the Secretary of State Police to apply for disability retirement; 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; The onset of the disability occurred at least 1 year before filing for disability retirement; and The member has used any administrative leave granted under Public Safety Article, §2-410, Annotated Code of Maryland. Procedures upon Submission of Application. When submitting an application for disability for a member, the Secretary of State Police shall: Submit the medical records and other documentation relied upon for the determination; and Provide a copy of the application and documentation submitted in support of the application to the member. The member may submit additional documentation to the Retirement Agency regarding the application for disability. 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. Filing Requirements. 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. Beneficiary and Option Election. 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: 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 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. 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. A former member who satisfies the requirements set forth in §B of this regulation may apply for disability retirement only if the former member proves to the satisfaction of the medical board that the failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during membership. Applying for a Disability Retirement. To apply for disability retirement, a former member shall: Properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 24 months after the month membership ended; or If the former member was in the Teachers’ Retirement System, properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 12 months after the month membership ended. At the time the former member submits the required disability forms, the former member shall submit documentary evidence and a written statement attesting that the former member’s failure to submit the disability forms before the date membership ended was attributable solely to the physical or mental incapacity of the former member before the date membership ended. To determine whether the former member’s failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during the filing period, the medical board: Shall consider whether the former member’s physical or mental impairment substantially limited the applicant’s major life activities during the filing period; Shall review the evidence submitted by the former member in support of the claim; and May request the former member to: Submit additional evidence, and Report for an independent medical evaluation. Medical Board Determination. Following review of all the evidence relating to the issue of whether the former member failed to timely file a disability form, the medical board shall make one of the following decisions: Certify that the former member’s failure to file a disability form during the filing period was attributable solely to physical or mental incapacity before the date membership ended; or Determine that the former member’s failure to file a disability form was not attributable solely to physical or mental incapacity before the date membership ended. If the medical board certifies a former member’s claim under §D(1)(a) of this regulation, the Retirement Agency shall notify the former member of the medical board's decision and accept the former member’s disability forms for processing as provided in COMAR 22.06.03. If the medical board determines that the former member’s failure to file was not attributable solely to the physical or mental incapacity of the former member before the date membership ended, the former member may request a reconsideration of the medical board’s decision by following the procedures set forth in COMAR 22.06.03.03. If, after reconsideration, the medical board affirms its initial decision and rejects the former member’s disability forms, the former member may request a hearing before a judge to be conducted as provided in COMAR 22.06.06 by filing a written request for a hearing not later than 30 days after the date of the notice of the medical board’s determination. A member or former member who has filed an application for service retirement may not apply for disability retirement on or after the effective date of retirement. A member or former member who applies for service retirement may apply for disability retirement only if the member or former member submits a properly completed Statement of Disability and Preliminary Application for Disability Retirement before the effective date of retirement. If the member or former member does not comply with §B of this regulation, or does not diligently pursue the application for disability retirement in accordance with COMAR 22.06.01.05, the Retirement Agency shall close the member or former member’s file and the member or former member shall have no further right to apply for disability retirement. An applicant who is terminally ill or an employer who files for disability retirement for a member who is terminally ill may request expedited review of the applicant’s disability claim by providing medical documentation to the Retirement Agency indicating that the applicant is terminally ill. 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 .02A amended effective November 24, 2016 (43:23 Md. R. 1280) Regulation .04C, D amended effective November 24, 2016 (43:23 Md. R. 1280)