Oregon Administrative Rules › Chapter 459 - OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM › Division 15 - DISABILITY RETIREMENT ALLOWANCES › Section 459-015-0050 - Periodic Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Members
			 receiving a disability retirement allowance are subject to periodic reviews of
			 their disabled status until the member reaches normal retirement age or staff
			 determines that periodic reviews are no longer warranted.
(2) Periodic reviews will be used to
			 determine that continued disability retirement allowances are warranted. In
			 recommending the continuance or discontinuance of a disability retirement
			 allowance, PERS will follow the criteria established under OAR 459-015-0005  for
			 the original approved disabling condition or a new medical condition. PERS will
			 also consider the Return to Work provisions of ORS
			 238.330(3),
			 238.340, and OAR
			 459-015-0045.
(3) For duty
			 disability, the periodic review will not revisit the original determination
			 that the injury or disease was duty caused, unless there is evidence of
			 misrepresentation or fraud.
(4)
			 PERS will establish review dates for each member subject to a periodic review
			 depending on type of disability, extent of disability, medical reports, and
			 earned income unique to each individual case.
(a) The reviews may be medical or vocational
			 in nature, or both.
(b) Upon
			 review, PERS may accept or require:
(A) New
			 treating or consulting physician or specialist reports;
(B) Updated physician or specialist
			 reports;
(C) Independent medical or
			 vocational examinations; or
(D)
			 Employment and wage information, including but not limited to, tax returns or
			 information from the State Employment Department.
(c) PERS may immediately discontinue the
			 disability retirement allowance of any person who fails to provide current
			 medical evidence; submit requested employment, wage, income, or tax
			 information; or refuses to submit to a medical or vocational examination.
(A) If the disability claim is discontinued,
			 the staff shall issue an Intent to Discontinue letter by regular and certified
			 mail, return receipt requested. The discontinuation letter shall advise the
			 applicant that additional information to substantiate the claim, or a request
			 for an extension of 30 days to present additional information, may be submitted
			 to the staff in writing within 30 days of the date of the Intent to Discontinue
			 letter.
(B) Following the issuance
			 of an Intent to Discontinue letter, staff will review any additional
			 information which is submitted within 30 days.
(i) If the additional information results in
			 a recommendation to approve the application, staff shall resubmit the
			 application to the Director, or the Director's designee, with the
			 recommendation.
(ii) If the
			 additional information does not result in a recommendation to approve the
			 application, PERS will issue a final discontinuation letter by regular and
			 certified mail, return receipt requested.
(C) If no additional information is received
			 within 30 days, PERS will issue a final discontinuation letter by regular and
			 certified mail, return receipt requested.
(D) The final discontinuation letter will
			 provide the applicant with notification of the right to request a contested
			 case hearing as provided for in OAR 459-015-0030  and 459-001-0035.