Ohio Administrative Code › Title 742 - Ohio Police and Fire Pension Fund › Chapter 742-3 - Retirement › Section 742-3-05 - Disability benefits procedure

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of divisions (C)(2), (C)(3),
			 (C)(4), and (C)(5) of former section
			 742.37 of the Revised Code and
			 section 742.38 of the Revised Code and
			 this rule, the following terms shall have the meanings set forth herein:
(1) "Board," shall mean the board of trustees
			 of the Ohio police and fire pension fund ("OP&F").
(2) "Applicant" shall mean a member of
			 OP&F who has filed any type of application for disability benefits or any
			 person who has filed such application on behalf of an incapacitated member in
			 accordance with division (B) of section
			 742.38 of the Revised Code and
			 
									rule
			 742-3-12  of the Administrative
			 Code and who does not have benefits vested under the deferred retirement option
			 plan under section 742.444 of the Revised
			 Code.
(3) "Disability benefit
			 recipient" shall have the meaning described in division (A) of section
			 742.40 of the Revised
			 Code.
(4) "On-duty illness or
			 injury" means an illness or injury that occurred during or resulted from the
			 performance of official duties as a police officer or firefighter.
(5) "Off-duty illness or injury" means an
			 illness or injury that did not occur during or result from the performance of
			 official duties as a police officer or firefighter. Unless the illness or
			 injury meets the presumption criteria outlined in section
			 742.38 of the Revised Code or
			 competent and credible evidence is submitted to OP&F, a disability
			 condition is presumed to be the result of an off-duty illness or
			 injury.
(6) "Permanent disability"
			 shall have the same meaning set forth in division (D) of section
			 742.38 of Revised
			 Code.
(7) "Total disability" shall
			 have the meaning set forth in division (D) of section
			 742.38 of the Revised
			 Code.
(8) "Partial disability"
			 shall mean a condition of disability with respect to which the board finds the
			 applicant is prevented from performing the member's official police or fire
			 duties and member's earnings capacity is impaired.
(9) "Guides" shall mean the American medical
			 association's "Guides to the Evaluation of Permanent Impairment, fifth and
			 sixth editions."
(10) "Occupational
			 characteristics" shall mean the U.S. department of labor's occupational
			 characteristics for police officer (government service) and fire fighter (any
			 industry) positions as the standards for determining the presence or absence of
			 disability.
(11) "Medical Advisor,"
			 as referred to in this rule, shall mean the expert physician appointed by
			 OP&F's board of trustees who advises the board on appeals of decisions
			 relating to disability applications.
(12) "Vocational Expert," as referred to in
			 this rule, shall mean the expert in vocational evaluations appointed by
			 OP&F's board of trustees who advises the board on appeals of decisions
			 relating to disability applications.
(13) "Disability evaluation panel (DEP)"
			 shall mean the medical consultants retained by the board to make written
			 recommendations to the board's disability committee on pending disability
			 applications.
(14) "Disability
			 committee medical advisor," as referred to in this rule, shall mean the expert
			 physician appointed by the board of trustees to advise the disability committee
			 during its deliberations of initial disability applications and post-disability
			 grant reconsiderations, who shall be a different physician than the medical
			 advisor.
(15) "Disability committee
			 vocational expert," as referred to in this rule, shall mean the expert in
			 vocational evaluations appointed by the board of trustees to advise the
			 disability committee during its deliberations of initial disability
			 applications and post-disability grant reconsiderations, who shall be a
			 different evaluator than the vocational expert.
(16) "Forms" shall mean the forms created,
			 approved, and/or provided by OP&F for the administration of benefits found
			 on the OP&F website at
http://www.op-f.org
.