Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.14 - Comprehensive Medical Evaluation

Current through Register 1525, July 5, 2024
After a public employee retires for accidental or ordinary
				disability retirement, that member must participate in an evaluation once per
				year during the first two years after retirement and once every three years
				thereafter. This evaluation shall consist of PERAC's review of the retiree's
				medical records and all information submitted by the retiree's retirement board
				to determine whether the retiree is permanently or currently unable to perform
				the essential duties of the position from which he or she retired. In making
				this determination for municipal public safety personnel, PERAC shall utilize
				and apply the Regulations for the Initial Medical and Physical Fitness
				Standards Test for Municipal Public Safety Personnel promulgated by the Human
				Resources Division of the Commonwealth. Following review, PERAC may determine
				that:
(1)
Retiree is
			 Permanently Disabled
. In the event PERAC determines that the
			 retiree is permanently unable to perform the essential duties of the position
			 from which he or she retired because of the catastrophic nature of his or her
			 medical condition, the retiree will not be scheduled for a comprehensive
			 medical examination.
(2)
Retiree is Currently Disabled
. In the event PERAC
			 determines that the retiree is currently unable to perform the essential duties
			 of the position from which he or she retired, the retiree will not be scheduled
			 for a comprehensive medical examination, but he or she may be subject to future
			 evaluations.
(3)
Further Information Needed
. In the event PERAC
			 determines that further information is needed to determine whether the retiree
			 should be restored to service, PERAC may request that the retiree furnish PERAC
			 with copies of all medical records from the date of retirement or from the date
			 of the member's most recent CME, whichever last occurs. If a retiree does not
			 submit additional medical records to PERAC, PERAC may schedule the retiree for
			 a comprehensive medical evaluation with a physician. A retiree's failure to
			 respond at all to PERAC may result in the suspension of the retiree's
			 retirement allowance until brought into compliance.
(a) In the event that further information is
			 provided, PERAC will review the information submitted and will determine
			 whether the retiree is still permanently or currently disabled, or whether the
			 case will proceed to a comprehensive medical evaluation.
1. If the retiree is deemed permanently or
			 currently disabled, the provisions of 840 CMR 10.14(1) and (2), respectively,
			 shall apply;
2. If it is determined
			 that the case should proceed, PERAC will schedule a comprehensive medical
			 evaluation for the retiree so that all aspects of the retiree's health can be
			 considered when making a decision as to his or her ability to perform the
			 essential duties of the position from which he or she retired. The referral for
			 the comprehensive medical examination is made to a single physician, but the
			 examination may also involve consultations with other physicians as well as
			 various medical tests, pursuant to M.G.L. c. 32, § 8. Upon completion of
			 the comprehensive medical evaluation, the physician examiner will complete a
			 narrative report, wherein the physician will comment on each of the
			 consultations and tests included in the evaluation process.