2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 11 - Educational Retirement › Section 22-11-36 - Disability benefit; continued eligibility; re-examinations.

A. Unless designated by the board as being permanently disabled, to continue to receive disability benefits, a member shall, on the anniversary date in each year of the member's being placed on a disability status, present current medical records to the medical authority in support of the applicant's continuing disability claim. The medical authority shall recommend to the board that the member either be placed on continuing annual disability or permanent disability or removed from disability status due to a substantial betterment of the member's condition. In the event a substantial betterment of the disability is reported, the board shall determine whether the member is totally disabled for employment and unable to obtain and retain other gainful employment commensurate with the member's background, education and experience. If the board determines that the member is no longer disabled, the payment of the disability benefits shall cease.
B. Payment of disability benefits to a member shall be suspended if the member fails to submit medical records to the medical authority within thirty days after the date upon which the member should have submitted the medical records and where the failure to submit the medical records was due to the unexcused failure or the refusal of the member to do so. Payment of disability benefits shall be resumed only after the member has submitted current medical records to the board and the board has determined that the member is totally disabled. A member shall have no right or claim for benefits withheld during a period of suspension.
C. The board may, in its discretion, require that the member obtain an independent medical examination; provided that the examination is performed at the board's expense.
D. Upon a determination by the board, a member's status may be changed from permanently disabled to temporarily disabled or no longer disabled.
History:
1953 Comp., § 77-9-36, enacted by Laws 1967, ch. 16, § 159; 2003, ch. 39, § 11; 2017, ch. 21, § 16.
ANNOTATIONS
Cross references.
— For reports of improved health by members receiving disability benefits,
see
22-11-39 NMSA 1978.
For suspension of payments for failure to make reports,
see
22-11-40 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, required members who are receiving disability benefits to annually submit current medical records in support of the member's continuing disability claim, required the medical authority to make recommendations regarding the member's continuing disability claim, and provided for the suspension of disability benefits if the member fails to submit medical records; in Subsection A, after "designated by the", deleted "medical authority" and added "board", after "in each year of", deleted "his" and added "the member's", after "present", deleted "himself" and added "current medical records", after "the medical authority", deleted "for a medical re-examination" and added "in support of the applicant's continuing disability claim", and after "The medical authority shall", deleted "certify to the director after each medical examination whether there is a substantial betterment of the member's disability" and added "recommend to the board that the member either be placed on continuing annual disability or permanent disability or removed from disability status due to a substantial betterment of the member's condition", and after "commensurate with", deleted "his" and added "the member's"; in Subsection B, after "shall be suspended if", deleted "a certificate of medical re-examination by the medical authority is not filed with the director" and added "the member fails to submit medical records to the medical authority", after "member should have", deleted "been re-examined" and added "submitted the medical records and", after "failure to", deleted "file the certificate" and added "submit the medical records", after "refusal of the member to", deleted "report for the medical re-examination" and added "do so", and after "only after the member has", deleted "complied with the requirements of the Educational Retirement Act" and added "submitted current medical records to the board and the board has determined that the member is totally disabled"; in Subsection C, after "require", deleted "further or more frequent medical examinations of members having a disability status" and added "that the member obtain an independent medical examination; provided that the examination is performed at the board's expense"; and deleted former Subsection D, which related to a member's inability to report for a medical examination, and redesignated former Subsection E as new Subsection D.
The 2003 amendment,
effective June 20, 2003, in Subsection A added "Unless designated by the medical authority as being permanently disabled," at the beginning and deleted "or is not" following "whether there is" near the middle; inserted "who is" following "disability benefits" near the beginning of Subsection D; and added Subsection E.