West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-3 - Disability Applications and Petitions; Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A member of the West Virginia State
				Police, or a person acting with legal authority on behalf of the member, who
				remains in active employment, may file a disability retirement application with
				the Board whenever the member has reason to believe that he or she is no longer
				physically or mentally capable of performing the essential duties of a law
				enforcement officer. Application shall be made on forms approved by the Board,
				and the member shall cause a copy of the application to be served upon the
				Agency at the time of its filing with the Board.
3.2. If the Agency has reason to believe that
				a member is no longer physically or mentally capable of performing the
				essential duties of a law enforcement officer, and if the member has failed or
				refused to file an application for disability retirement, the Agency may file a
				petition with the Board seeking the disability retirement of the member. The
				Agency's petition shall be made on forms approved by the Board, and a copy of
				the petition shall be served by the Agency upon the member at the time of the
				filing of the petition with the Board. The cost of the treating physician's
				examination, when requested by the West Virginia State Police, shall be at the
				expense of the West Virginia State Police. The member shall cooperate fully
				with the Board in the scheduling of the examinations, and shall appear at the
				time and place for scheduled examinations as requested by the Board. The Board
				shall provide advance notice to the member that if he or she fails to appear at
				the time and place for scheduled examinations requested by the Board, he or she
				may be held responsible for some or all fees charged by the physician's office
				for that scheduled exam.
3.3. Once
				a member has commenced to receive a retirement benefit from the retirement
				systems, the retired member is no longer eligible to apply for disability
				retirement benefits.
3.4.
				Notwithstanding any provision of this rule to the contrary, a member who has
				applied for and commenced to receive a partial duty related disability award is
				permitted to apply to the Board for a total disability award, if the member
				believes that his or her condition has deteriorated to the point that he or she
				no longer retains the mental or physical ability to engage in any gainful
				employment.
3.5. In the event that
				an individual or the Agency on behalf of the individual has applied for and has
				been denied disability retirement by the Board, neither the individual nor the
				Agency on behalf of the individual may file another application for disability
				retirement with the Board until the passage of one (1) year from the date of
				the Board's last denial. Notwithstanding the minimum one (1) year reapplication
				period, the Board may, in its sole discretion, agree to waive the minimum one
				(1) year reapplication period for an individual or the Agency on behalf of the
				individual if waiver of the reapplication period is requested by the individual
				or the Agency on a form approved by the Board. The individual or the Agency
				shall demonstrate to the satisfaction of the Board, through medical records,
				reports or other reliable evidence, that the individual has suffered a new or
				substantial worsening of his or her medical condition since the Board's most
				recent denial of his or her application for disability retirement.