742-3-12. Definition of incapacitated

For purposes of division (B) of section 742.38 of the Revised Code , a member shall be deemed to be incapacitated if Ohio police and fire pension fund ("OP&F") receives an affidavit from the person acting on the member's behalf for purposes of filing a disability benefit application with OP&F and such person affirms, under oath, that the member is mentally or physically impaired as a result of a mental or physical illness or condition of disability with respect to which the attending physician finds that there is no present indication of recovery and such affidavit is properly notarized .

Five Year Review (FYR) Dates: 3/6/2020 and 01/04/2024
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.38
Prior Effective Dates: 09/16/1998 (Emer.), 12/10/1998, 07/17/2004, 11/20/2014

Prior History: (Effective: 11/20/2014
Five Year Review (FYR) Dates: 09/05/2014 and 11/20/2019
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.38
Prior Effective Dates: 9/16/98 (Emer.), 12/10/98, 7/17/2004)