SECTION 715:10-15-15. Disability retirement; application; effective date

(a)   Any member who is actively employed in the public schools of Oklahoma and is regularly contributing to TRS may be retired due to a medical disability, which renders the member unable to perform regular employment duties, provided such member:

(1)   has at least ten (10) years of Oklahoma contributory membership service,

(2)   submits a complete application for disability retirement, and,

(3)   is found by the Medical Board of TRS, to be medically disabled to continue regular duties, or

(4)   meets the requirements of paragraphs (1) and (2) of this subsection, and files a Social Security Award Notice certifying the member has been approved for disability benefits by the Social Security Administration, U. S. Department of Health and Human Services,

(5)   however, a member who is eligible for unreduced regular retirement is not eligible for disability retirement benefits.

(b)   A member who has terminated employment or is on leave without pay status shall be eligible for disability retirement by meeting the provisions of paragraph (a) of this rule, providing the disability existed at the time the leave without pay status commenced or the termination of employment from the public schools of Oklahoma occurred, and the disability was the reason for the leave status or termination of employment.

(c)   The application for disability retirement required in paragraph (2) of subsection (a) of this section must include:

(1)   a detailed statement by the member as to the nature of the disability and the reasons the disability prevents the member from performing the regular duties of the member's current position.,

(2)   a detailed statement by the member's employer (chief administrative officer or personnel officer) as to the nature of the disability and the reasons the disability prevents the member from performing the regular duties assigned to the position of employment, and

(3)   a detailed report by the member's physician giving the medical nature of the disability. The attending physician's report should certify that the member, in the physician's judgment, is mentally or physically incapacitated from further performance of duty, that such incapacity is likely to be permanent and that the member should be retired. Any examination required to complete this report must be at the expense of the member.

(d)   TRS must receive the complete application for disability retirement by the first day of the month in which the Medical Board is scheduled to meet.

(e)   The effective date for disability retirement is the later of (1) or (2) below:

(1)   the first day of the month in which the disability application is approved by the Medical Board, and subsequent to termination of employment in the public schools, or

(2)   the date determined by the Board of Trustees after an administrative review, if such review is requested by the member pursuant to the Administrative Procedures Act 75 O.S. 250 et seq., but in no instance will the effective date be prior to the first day of the month following receipt of the complete disability retirement application.

(f)   The disability retirement becomes binding on the effective date specified in subsection (e) of this section and cannot be revoked except by written request from the member prior to the effective retirement date as provided by OAC 715:10-15-5 or by returning to employment as provided in OAC 715:10-15-21.

(g)   The disability retirement benefit shall be calculated in the same manner as regular retirement benefits described in OAC 715:10-15-7, with the exception that no reduction will be made due to the age of the member. Providing that any member who qualifies for disability benefits after June 30, 2003, who is married at the time his or her disability benefits commence, may elect an actuarially reduced 100% joint survivor retirement benefit based on factors provided by the System's consulting actuary.

(h)   The disability retirement benefit is payable under the same provisions as the Maximum Retirement Plan or Retirement Option 2 explained in OAC 715:10-15-10. Payments are made monthly for the life of the retiree or until the member is able to return to employment (See OAC 715:10-15-21). The only survivor benefits available to a disabled member's beneficiaries or estate is a return of member contributions not paid to the member in the form of monthly benefits and the $5,000 death benefit provided per statute, unless the disabled member elected the reduced benefit option to provide the spouse a monthly benefit as described in subparagraph (g) of this section.

(i)   If the disabled member elects to receive an actuarially reduced 100% joint survivor retirement benefit, the surviving spouse will continue to receive the disabled member's monthly benefit for life. At the death of the disabled member, the surviving spouse will receive the $5,000 death benefit provided by statute. If the disabled member's spouse should die before the disabled member, the disabled member's monthly disability benefit will be increased to the amount the disabled member would have been entitled to receive if the disabled member had elected the maximum disability benefit. The increased monthly benefit will become effective the first day of the month following the death of the disabled member's spouse providing proper notice is received by TRS, as provided in OAC 715:10-15-10.1.

[Source: Amended at 10 Ok Reg 3879, eff 7-12-93; Amended at 10 Ok Reg 4829, eff 9-17-93 through 7-14-94 (emergency); Amended at 11 Ok Reg 4251, eff 7-25-94; Amended at 12 Ok Reg 295, eff 10-14-94 through 7-14-95 (emergency); Amended at 12 Ok Reg 3285, eff 7-27-95; Amended at 13 Ok Reg 3899, eff 8-5-96 through 7-14-97 (emergency); Amended at 14 Ok Reg 3216, eff 7-25-97; Amended at 18 Ok Reg 50, eff 10-3-00 (emergency); Amended at 18 Ok Reg 3152, eff 7-12-01; Amended at 21 Ok Reg 3091, eff 8-21-03 through 7-14-04 (emergency); Amended at 21 Ok Reg 3099, eff 8-12-04; Amended at 36 Ok Reg 65, eff 10-29-18 (emergency); Amended at 36 Ok Reg 1255, eff 8-11-19]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-94 (after the 7-14-94 expiration of the emergency action), the text of section 715:10-15-15 reverted back to the permanent text that became effective 7-12-93, and remained as such until amended by permanent action on 7-25-94.

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-95 (after the 7-14-95 expiration of the emergency action), the text of section 715:10-15-15 reverted back to the permanent text that became effective 7-25-94, and remained as such until amended by permanent action on 7-27-95.

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-97 (after the 7-14-97 expiration of the emergency action), the text of section 715:10-15-15 reverted back to the permanent text that became effective 7-27-95, as was last published in the 1996 Edition of the OAC, and remained as such until amended by permanent action on 7-25-97.

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-04 (after the 7-14-04 expiration of the emergency action), the text of section 715:10-15-15 reverted back to the permanent text that became effective 7-12-01, as was last published in the 2001 Edition of the OAC, and remained as such until amended by permanent action on 8-12-04.