Indiana Administrative Code › Title 35 - BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM › Article 2 - POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) › Rule 10 - Preexisting Excludable Medical Conditions › Section 10-2 - Preexisting excludable medical conditions

Current through July 10, 2024
Authority: IC 5-10.5-4-2; IC 36-8-8-5; IC 36-8-8-13.6
Affected: IC 36-8-8-13.5
Sec. 2.
(a) As
				determined by the PERF board or the PERF board's designee and based on the
				results of the general medical history and the physical examination of the
				candidate, the preexisting conditions identified in subsection (b) will result
				in the candidate being ineligible under certain circumstances for the Class 3
				impairment benefits established in IC 36-8-8-13.5(e).
(b) Each of the following preexisting
				conditions constitutes an excludable condition under IC 36-8-8-13.5 and IC
				36-8-8-13.6:
(1) A history of myocardial
				infarction.
(2) Angina pectoris or
				other evidence of coronary artery disease.
(3) Congenital heart disease.
(4) Hypertrophy or dilation of the heart as
				evidenced by examination.
(5)
				Pericarditis, endocarditis, or myocarditis unless the examining physician
				determines that the condition is now stable and unlikely to recur.
(6) Arrhythmias.
(7) Diabetes. A candidate with a history of
				hyperglycemia or glucosuria or albuminuria must be considered to have an
				excludable condition unless a report from the physician that treated the
				candidate can be obtained which assures the absence of diabetes
				mellitus.
(8)
				Pancreatitis.
(9) A history of a
				chronic bowel disorder such as Crohn's disease and ulcerative colitis. A
				candidate with a history of a bowel obstruction within the preceding ten (10)
				years shall be considered to have an excludable condition unless the candidate
				is able to obtain a letter from the treating physician to the examining
				physician explaining the nature of the obstruction and what was done to cure
				it.
(10) Any hepatitis, chronic or
				acute, with impairment of liver function.
(11) Cirrhosis or varices.
(12) Inguinal or femoral hernia, hiatal
				hernia, if symptomatic, or ventral hernia, if symptomatic.
(13) Interabdominal tumor or mass.
(14) Any previous gastric resection unless
				there is sound x-ray evidence provided that there is little chance of
				recurrence of the condition which caused the first surgery.
(15) Active gastric or duodenal ulcer unless
				the candidate is able to provide x-ray evidence that the ulcer is currently
				healed. A history of a gastric or duodenal ulcer shall be treated the same as
				any such active ulcer unless the candidate is able to provide x-ray evidence
				that the ulcer is currently healed.
(16) Any evidence of rectal or prostatic
				malignancy.
(17) Evidence of
				existing renal calculus or ureterovesical calculus, if symptomatic.
(18) A person who has had a nephrectomy but
				with a functional remaining kidney will not be considered to have an excludable
				condition, provided there is no evidence of reduced renal function in the
				remaining kidney.
(19) Any chronic
				nephritis or nephrosis, hydronephrosis, pyelonephrosis, pyelitis,
				pyelonephritis, or polycystic disease of the kidneys.
(20) Urinary tract disease, whether or not
				the urinary tract has any significant abnormalities at this time, or whether
				any organic disease is present, or other related disorders adversely affecting
				the kidneys, excluding urinary tract infections.
(21) A history of kidney stones. If there is
				a history of kidney stones, urological consultation must be sought in order to
				provide an estimate of the likelihood of the recurrence of long term
				incapacitating symptoms. A candidate exhibiting a high likelihood of recurrence
				must be considered to have an excludable condition.
(22) Any proteinuria which is a result of
				renal disease.
(23) Any
				malformation of the urinary tract organs, congenital or acquired.
(24) Polycystic kidney.
(25) Any current fistula, either congenital
				or acquired, including tracheostomy.
(26) Any history of subarachnoid hemorrhage,
				cerebral aneurysm, or any cerebral vascular disease including any previous
				stroke within the preceding ten (10) years.
(27) Hydrocephalus.
(28) Abnormalities from recent head injury,
				such as severe cerebral concussion or contusion.
(29) Any acute or chronic pathological
				condition in either eye or the adnexa of the eye.
(30) Nystagmus of the eye, uncorrected
				strabismus, glaucoma, and aphakia, whether it is unilateral or bilateral, and
				active chorioretinitis should be considered for further examination by a
				qualified eye specialist to determine the likelihood and degree of future
				impairment.
(31) Cataract,
				retinitis pigmentosa, and any papilledema or tumor.
(32) Any retinal exudate, hemorrhage or
				edema, or detachment of the retina.
(33) Inflammatory disease of the retina, the
				globe, or the other structures within the globe.
(34) Heterophoria, hyperphoria, esophoria, or
				exophoria should be considered for further examination by a qualified eye
				specialist to determine the likelihood and degree of future
				impairment.
(35)
				Bronchiectasis.
(36) Bronchial
				asthma.
(37) Emphysema or chronic
				obstructive pulmonary disease.
(38)
				Pulmonary fibrosis.
(39) Pleurisy
				with effusion or empyema.
(40) Any
				spontaneous pneumothorax unless the examining physician determines that the
				condition is not likely to persist or recur.
(41) Any evidence or history of tuberculosis,
				sarcoidosis, or congenital cystic disease of the lung, active histoplasmosis,
				or any other lung pathology unless the examining physician determines that the
				condition is now stable and unlikely to recur.
(42) Tumor or cyst of the lung, pleura, or
				mediastinal.
(43) Any disease of
				the blood forming organs or of the blood.
(44) Anemia with the hemoglobin lower than
				twelve (12) grams per hundred cubic centimeters.
(45) Polycythemia, leukemia, or any other
				progressive diseases of the blood system.
(46) Hemophilia or other bleeding
				disorder.
(47) High blood pressure,
				evidenced by any of the following:
(A) Any
				blood pressure reading above one hundred fifty (150) millimeters mercury (for
				systolic).
(B) Any blood pressure
				reading above ninety (90) millimeters mercury (for diastolic).
(C) Use of antihypertensive medication.
However, if systolic and diastolic readings without
				  medication are produced at levels lower than one hundred fifty (150)
				  millimeters mercury (for systolic) and ninety (90) millimeters mercury (for
				  diastolic) on three (3) consecutive days, high blood pressure shall not be an
				  excludable condition.
(48) If peripheral edema is present, the
				cause shall be determined and the disqualifying disorder identified.
(49) Aneurysm and arteriovenous
				malformation.
(50) Any active
				disease of bones and joints, including active arthritis, osteomyelitis, or
				marked deformity of the spinal column, including, but not limited to, the
				following:
(A) History of
				laminectomy.
(B) Amputation or
				deformity of a joint or limb.
(C)
				Joint reconstruction.
(D)
				Ligamentous instability.
(E) Joint
				replacement.
(51)
				Herniation of an intervertebral disk.
(52) Neurofibromatosis.
(53) Neuropathy or neuralgia, including
				sciatica.
(54) Recurrent
				syncope.
(55) Any seizure disorder
				within the preceding ten (10) years.
(56) Parkinsonian syndrome (includes
				Parkinson's disease).
(57)
				Huntington's disease (chorea).
(58)
				Ankylosing rheumatoid spondylitis.
(59) Malignant melanoma or, if it had been
				removed, any evidence of metastatic disease.
(60) Hodgkin's disease, lymphadenopathy,
				lymphomas, or lymphosarcomas.
(61)
				Addison's disease, splenomegaly, or adenopathy secondary to systemic disease or
				metastasis.
(62) Disease of the
				adrenal gland, pituitary gland, parathyroid gland, or thyroid gland of clinical
				significance.
(63) Nutritional
				deficiency disease or metabolic disorder.
(64) Any malignant tumor of any type unless
				completely eradicated for at least ten (10) years.
(65) Alcohol or drug abuse within five (5)
				years.
(66) Anorexia nervosa or
				bulimia within three (3) years.
(67) Auto immune disorders, including, but
				not limited to, the following:
(A) Rheumatoid
				arthritis and myasthenia gravis.
(B) Dermatomyositis.
(C) Scleroderma.
(68) Lupus erythematosus.
(69) Multiple sclerosis.
(70) Amyotrophic lateral sclerosis (Lou
				Gehrig's disease).
(71) Muscular
				dystrophy.
(72) Obesity of such a
				degree so as to interfere with normal activities, including
				respiration.
(73) Peripheral
				atherosclerosis or arteriosclerosis, including any of the following peripheral
				vascular diseases:
(A) Intermittent
				claudication.
(B) Buerger's
				disease.
(C) A phenomenon of
				repeated thrombophlebitis.
(74) Acquired immune deficiency syndrome
				(AIDS) or human immunodeficiency virus (HIV) positive, as determined by a blood
				test.
(75) Sexually transmitted
				diseases should be considered for further examination by a qualified medical
				specialist to determine the likelihood and degree of future
				impairment.
(76) Narcolepsy or
				hypersomuolence due to any cause.
(77) Heart bypass surgery within the
				preceding ten (10) years.
(78)
				Primary pulmonary hypertension.
(79) Organ transplant.
(80) Pacemaker implant.
(81) Sleep apnea syndrome.
(82) Anxiety disorder.
(83) Panic disorder.
(84) Obsessive compulsive disorder.
(85) Post-traumatic stress
				disorder.
(86) Attention
				deficit/hyperactivity disorder.
(87) Tourette syndrome.
(88) Depressive disorder.
(89) Bipolar disorder.
(90) Personality disorder.
(91) Substance abuse disorder.
(92) Schizophrenia and other psychotic
				disorders.
(93) Anorexia
				nervosa.
(94) Miscellaneous or
				other significant psychiatric disorder.
(95) Any disqualifying condition under 35 IAC
				2-9-6 that has been accommodated by the local appointing authority.
(96) Any other significant
				disease/disorder.