SECTION 395:10-1-14. Gainful work

(a)   No member, who is receiving a disability retirement and who has not reached twenty (20) years of participating service, may engage in any employment wherein the member is performing similar essential job functions as were performed in the covered OLERS position from which the member retired.

(b)   The OLERS Board may inquire of the disabled member, at any time, as to whether the disabled member is currently or has been engaging in employment which might disqualify the member from remaining in a disability retirement status.

(c)   The OLERS Board or its Executive Director is authorized to cause OLERS employees or its attorneys to make inquiry via oral and/or written communications to the member and/or beneficiarywho is receiving or attempting to receive benefits. The communications may include depositions upon oral examinations or written questions, interrogatories, requests for admissions, requests for production of documents and things, and requests for the physical and mental examination of persons.

(d)   The refusal or failure of any member to timely respond truthfully and fully to such inquiry may result in a suspension of the payment of benefits by OLERS until a determination can be made whether this rule has been violated. Suspension of benefit payments will not occur until the affected member is given notice and an opportunity to appear before the OLERS Board at its next regularly scheduled meeting and show cause why the benefit should not be suspended.

(e)   Regarding injury of a catastrophic nature referenced in 47 O.S. § 2-300, para. 15, gainful work means work activity that involves doing physical or mental activities, even if the work is done on a part-time basis or with less activities, pay, or responsibilities than in past work. Gainful work activity means work activity done for pay or profit. Work activity is gainful if it is the kind of work that is usually performed for pay or profit, whether or not a profit is realized.

(f)   In the event a member receives earnings from gainful work, as set forth in the Social Security Administration and included in the Federal Register, which exceed the monthly allowance for a twelve (12) month period, disability retirement benefits will be suspended. The current allowable earnings from gainful work is seven hundred eighty dollars ($780.00) per month and will be automatically adjusted annually based on increases in the national average wage index and published by the Social Security Administration.

(g)   The System may request a signed and notarized affidavit related to gainful work. Failure to provide such verification of income from work activity may result in forfeiture of benefits.

[Source: Added at 16 Ok Reg 3453, eff 6-23-99 (emergency); Added at 17 Ok Reg 2998, eff 7-13-00; Amended at 18 Ok Reg 3084, eff 7-12-01; Amended at 20 Ok Reg 962, eff 5-12-03]