Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.20 - Rehabilitation Pursuant to M.G.L. c. 32, Section 21

Current through Register 1525, July 5, 2024
(1) Voluntary rehabilitation programs for
			 disability retirees shall be developed in cooperation with the State Human
			 Resources Division and the Industrial Accident Board and made available to any
			 disability retiree seeking rehabilitation.
(2) Upon receipt of a request for
			 rehabilitation from a disability retiree, PERAC shall provide an evaluation to
			 determine whether the member might benefit from a medical or vocational
			 rehabilitation program approved by PERAC. PERAC may require any such member to
			 be examined and evaluated by a physician qualified to render rehabilitation
			 services and/or by a vocational counselor selected by PERAC. The physician
			 and/or both shall recommend the need for and nature of any such rehabilitation
			 program. If PERAC determines that such member might benefit from any such
			 program, it shall so notify such member and the retirement board.
(3) The board shall provide the member with a
			 rehabilitation program consisting of services appearing on a list approved by
			 PERAC of public or private rehabilitation agency(ies) having rehabilitation
			 programs suitable for such member. The member shall meet with the agency
			 selected and shall cooperate in the design of a suitable rehabilitation
			 program. All rehabilitation programs will include a determination of the
			 member's potential earnings, taking into account the member's functional
			 capacity, age, education, and experience.
(4) If the board determines that the retired
			 member may benefit from such rehabilitation program, and that the program is
			 reasonable in its terms and cost, the board shall approve and offer to provide
			 and pay for such program (less any amounts payable under insurance policies of
			 the member and less any scholarships or grants otherwise available). The
			 retirement board shall submit the rehabilitation program designed for the
			 member, including detailed cost estimates, to PERAC for review.
(5) If the board determines that the retired
			 member shall be denied access to a rehabilitation program, the board shall so
			 advise the member in writing, detailing its reasons for the denial. The member
			 may appeal the board's denial to PERAC. The appeal must be in writing and must
			 be filed with PERAC within 15 days of the board's denial. PERAC shall review
			 the matter and make its determination within 60 days of receipt of the member's
			 appeal. If after review PERAC determines that such member might benefit from
			 such rehabilitation program, PERAC shall approve and offer to to provide and
			 pay for such program.
(6) If PERAC
			 approves the rehabilitation program offered by the board, PERAC shall reimburse
			 the board for the costs of the program.
(7) The retirement allowance of a member
			 participating in a rehabilitation program approved by PERAC shall be not be
			 reduced or modified pursuant to M.G.L. c. 32, § 8(3) or § 91A on
			 account of actual or potential earnings arising out of such rehabilitation
			 program.