§18525. Application

1.  Written application.  In order to receive a benefit under this article, the person must apply in writing to the executive director in the format specified by the executive director.

A. The executive director shall obtain medical consultation on each applicant for disability in accordance with related rules established by the board, which must include provisions indicating when a case must be reviewed by a medical board and when alternative means of medical consultation are acceptable. Rules adopted pursuant to this paragraph are routine technical rules as defined in chapter 375, subchapter 2-A. Whether provided by the medical board or by an alternative means, medical consultation obtained by the executive director must be objective and be provided by a medical provider or medical providers qualified to review the case by specialty or experience and to whom the applicant is not known.   [PL 2017, c. 88, §32 (AMD).]

B.   [PL 1997, c. 393, Pt. A, §14 (RP).]

[PL 2017, c. 88, §32 (AMD).]

2.  Workers' compensation.  If the incapacity upon which the application is based is a result of an injury or accident received in the line of duty, the application must include proof that the member has made application for benefits under the workers' compensation laws.

[PL 1995, c. 643, §21 (AMD).]

3.  Social security.  If the employment for which creditable service with the employer is allowed was also covered under the United States Social Security Act, the application must include proof that the member has made application for benefits under this Act.

[PL 1995, c. 643, §21 (AMD).]

4.  Approval.  The written application must be approved by the executive director upon finding that the member has met the requirements of section 18524.

[PL 1995, c. 643, §21 (AMD).]

5.  Reapplication.  A member who has had a disability retirement benefit application denied may file a new application based on the same medical conditions only if that member has had a bona fide return to service with an employer whose employees are covered by this article or chapter 423, subchapter 5, article 3-A. If the executive director finds that the member has met the requirements of section 18524, the new application must be approved notwithstanding the earlier denial.

[PL 2015, c. 392, §2 (NEW).]

SECTION HISTORY

PL 1989, c. 409, §§11,12 (NEW). PL 1995, c. 643, §§21,22 (AMD). PL 1997, c. 393, §A14 (AMD). PL 2015, c. 392, §2 (AMD). PL 2017, c. 88, §32 (AMD).