Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 45A - Administration of Disability Benefits under PERS › Section 27-210-45A-107 - Termination of disability benefits

Current through June 25, 2024
1. In the event a
				retiree is determined to no longer qualify for disability benefits, such member
				will be provided with notice of such determination and benefits will continue
				for a period of three months unless the retiree has returned to covered
				employment in the position from which he or she was retired on disability or to
				other covered service in which he or she is earning an amount equal to or more
				than his or her average compensation or where such termination is a result of
				the retiree's refusal to submit to a medical reexamination, in which case
				benefits shall be terminated immediately.
2. The Medical Board shall review the
				objective medical information as with an initial claim for disability benefits
				and determine whether the medical condition for which benefits were previously
				approved has improved sufficiently to allow a return to previous employment.
				The Medical Board may also consider additional information concerning any new
				medical condition which may have occurred while in receipt of disability
				benefits.
3. Notice of termination
				of disability benefits shall constitute a final administrative determination,
				and the retiree may appeal the determination to the Board of Trustees in
				accordance with the provisions of Board Regulation 42.
4. If a disability retirement allowance is
				terminated because the retiree has returned to covered employment in the
				position from which he or she was retired or to other covered employment in
				which he or she is earning an amount equal to or more than his or her average
				compensation and the retiree terminates such covered employment due to his or
				her disability before contributing for a period of time that exceeds six
				calendar months, PERS shall credit both the employee and employer contributions
				paid during such period to the employer who shall then refund to the employee
				the employee contribution. The original disability retirement allowance shall
				be reinstated prospectively the first of the month following termination from
				covered employment.
5. If the
				disability is terminated due to the Medical Board's determination that a member
				is mentally and physically able to return to his or her former employment, the
				disability retiree may subsequently qualify for a service retirement allowance
				based on actual years of service credit plus credit for the period during which
				a disability allowance was paid as follows:
a.
				If the disability retiree received benefits under the age limited plan, he or
				she will receive service credit for the period of time he or she received
				disability benefits up to age 60; and
b. If the disability retiree received
				benefits under the Tiered Disability Plan, he or she will receive service
				credit for the period of time he or she received disability benefits up to the
				end of the temporary allowance.