Chapter 05. Board of Trustees Review
Regulation .01 Disability Report.LinkCopy Citation
A.
At each regular meeting of the Board of Trustees, the Executive Director shall submit a disability report to the Board of Trustees that summarizes the recommendations of the medical board on the claims for disability retirement.
B.
At a minimum, the disability report shall contain the following information:
(1)
The name of each applicant whom the medical board recommends be granted an ordinary disability retirement;
(2)
The name of each applicant whom the medical board recommends be granted an accidental disability retirement;
(3)
The name of each applicant whom the medical board recommends be granted an ordinary disability retirement but denied an accidental disability retirement; and
(4)
The name of each applicant whom the medical board recommends be denied an ordinary disability retirement or an accidental disability retirement.
Regulation .02 Board of Trustees' Action on the Disability Report.LinkCopy Citation
A.
With respect to each applicant listed on the disability report, a majority of the Board of Trustees shall:
(1)
Adopt the recommendation of the medical board to grant or deny a disability retirement; or
(2)
Remand the disability claim to the Retirement Agency for additional review or information.
B.
If the Board of Trustees remands a disability claim, the Board of Trustees shall specify the basis for the remand and notify the Retirement Agency what additional review or information is requested.
C.
Disability Unit’s Notice.
(1)
Promptly following the Board of Trustees’ action with respect to an applicant’s disability claim, the Disability Unit shall send written notice to the applicant of the Board of Trustees' action and advise the applicant of the applicant's rights as provided in Regulations .03—.05 of this chapter.
(2)
If an applicant has been granted an ordinary or accidental disability retirement, the Disability Unit shall:
(a)
Notify the applicant’s appointing authority that the applicant has been approved for disability retirement; and
(b)
If the applicant is a State employee:
(i)
Notify the Department of Budget and Management, Office of Personnel Services and Benefits, that the applicant has been approved for disability retirement; and
(ii)
Advise the appointing authority that the applicant shall be considered resigned from State service as of the 120th day after the date of the Disability Unit’s notice to the applicant, in accordance with COMAR 17.04.03.16E.
Regulation .03 Grant of Ordinary Disability Retirement or Accidental Disability Retirement.LinkCopy Citation
A.
Except as provided in Regulation .04 of this chapter, this regulation applies to an applicant who is granted a disability retirement.
B.
Acceptance of Ordinary Disability Retirement or Accidental Disability Retirement.
(1)
Except as provided in §B(2) of this regulation, an applicant who is granted [either] an ordinary disability retirement or an accidental disability retirement shall, within 120 days of the date of the Disability Unit’s notice, properly complete and submit an Application for Disability Retirement to the Retirement Agency, accepting the disability retirement.
(2)
Instead of accepting a disability retirement, an applicant who is eligible to receive a service retirement may accept the service retirement by properly completing and submitting an Application for Service Retirement within 120 days of the date of the Disability Unit’s Notice.
C.
If the applicant does not accept a disability retirement or service retirement within 120 days of the date of the Disability Unit’s notice to the applicant, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.
Regulation .04 Grant of Ordinary Disability Retirement and Denial of Accidental Disability.LinkCopy Citation
A.
Scope.
(1)
Except as provided in §A(2) of this regulation, this regulation applies to an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees in accordance with Regulation .02 of this chapter.
(2)
The denial of an accidental disability retirement for an applicant who previously accepted an ordinary disability retirement and requested reconsideration of the medical board’s recommended denial of accidental retirement in accordance with COMAR 22.06.03.03C(3) is governed by Regulation .05 of this chapter.
B.
Acceptance of Ordinary Disability Retirement or Service Retirement.
(1)
Except as provided in §B(2) of this regulation, an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees shall, within 120 days of the date of the Disability Unit’s notice, properly complete and submit an Application for Disability Retirement to the Retirement Agency, accepting the ordinary disability retirement.
(2)
Instead of accepting an ordinary disability retirement, an applicant who is eligible to receive a service retirement may accept a service retirement by properly completing and submitting an Application for Service Retirement within 120 days of the date of the Disability Unit’s notice.
(3)
If the applicant does not accept an ordinary disability retirement or a service retirement within 120 days of the date of the Disability Unit’s notice to the applicant, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.
C.
Appeal of Denial of Accidental Disability Retirement.
(1)
An applicant may appeal the denial of an accidental disability retirement by simultaneously submitting a written request for hearing to the Retirement Agency on the same date that the applicant timely submits a properly completed Application for Disability Retirement or Application for Service Retirement in accordance with §B of this regulation.
(2)
An applicant who fails to submit a written request for hearing on the same date that the applicant timely submits a properly completed Application for Disability Retirement or Application for Service Retirement to the Retirement Agency shall not have any further right to appeal the denial of accidental disability retirement.
Regulation .05 Denial of Ordinary Disability Retirement or Accidental Disability Retirement.LinkCopy Citation
A.
Except as provided in Regulation .04 of this chapter, this regulation applies to an applicant who has been denied a disability retirement by the Board of Trustees.
B.
To appeal the denial of a disability retirement, an applicant shall file a written request for a hearing not later than 30 days after the date of the Disability Unit’s notice.
C.
If the request for a hearing under §B of this regulation is not filed within 30 days of the date of the Disability Unit’s notice, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.
Regulation .06 Effective Date of Disability Retirement.LinkCopy Citation
A.
Effective Date of Retirement.
(1)
Except as provided in §A(2) of this regulation, if the Board of Trustees grants a disability retirement to an applicant and the applicant accepts the disability retirement as provided in Regulations .03 and .04 of this chapter, the applicant's effective date of retirement is the later of the:
(a)
First day of the month following the last day the applicant was on payroll, as certified by the applicant's employer;
(b)
First day of the month following the date the Retirement Agency receives a properly completed Statement of Disability and Preliminary Application for Disability Retirement; or
(c)
First day of the month when the applicant desires to retire as set forth on the Application for Disability Retirement that is properly completed and submitted to the Retirement Agency.
(2)
The effective date of retirement may not be later than 120 days from the date of the Disability Unit’s notice to the applicant.
B.
Payment of Retirement Allowance.
(1)
Except as provided in §B(2) of this regulation, as soon as practicable after the Board of Trustees grants a disability retirement, the Retirement Agency shall:
(a)
Process the applicant’s Application for Disability Retirement and begin payment of the disability retirement allowance; and
(b)
Make a retroactive payment of the disability retirement allowance to the applicant as of the first day of the month following the applicant's effective date of retirement, if necessary.
(2)
The Retirement Agency may not pay an applicant a disability retirement allowance before the Board of Trustees grants the retirement allowance for disability.
Chapter annotations
Authority: State Personnel and Pensions Article, §§21-108, 21-110 and 29-101—29-118, Annotated Code of Maryland
History: Effective date: January 1, 1996 (22:26 Md. R. 2031)
History: 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.
History: Regulation .06 adopted effective October 5, 1998 (25:20 Md. R. 1533)
History: Regulations .01—.06 amended effective October 15, 2012 (39:20 Md. R. 1309)