3307:1-7-09 Disability - appeal of terminations due to teaching service.  

  • Text Box: ACTION: Final Text Box: DATE: 05/31/2016 12:18 PM

     

     

     

    3307:1-7-09                 Disability - appeal of terminations due to teaching service.

     

     

    The following procedures are hereby established pursuant to section 3307.48 of the Revised Code for the appeal of any termination of disability benefits by the retirement board when a disability recipient performed teaching services as defined by rule 3307:1-7-01 of the Administrative Code. Recipients who return to contributing service with the retirement system shall not have the right to appeal the termination of disability benefits.

     

    (A)    A disability benefitDisability benefits shall immediately terminate if the disability benefit recipient performs any teaching service in this state or elsewhere. The termination shall be effective the day prior to beginning the employment. Following retirement board action, the recipient will be informed in writing of the action taken by the retirement board and of their right to appeal the retirement board's action.

     

    (B)  The recipient may submit in writing, not later than thirty days after the date the notice is sent, to the retirement board information specifying that the disability recipient did not perform teaching services while receiving disability benefits along with any supporting evidence available to the recipient.

     

    (1)  A deadline date will be provided by the retirement system.

     

    (2)   Any costs incurred by the recipient in the appeal will not be reimbursed by the retirement system.

     

    (C)    The executive director or his or her designee, in consultation with the retirement system's legal counsel, shall act as the retirement board's designee to review information received by a memberrecipient specifying they did not perform teaching services while receiving disability benefits.

     

    (D)   After reviewing the information, the executive director or his or her designee shall make a recommendation to the retirement board whether or not to reinstate the member's disability benefitbenefits as directed by section 3307.48 of the Revised Code.

     

    (E)  The retirement board's decision isshall be final.

     

     

     

     

     

     

     

     

     

     

     

    3307:1-7-09                                                                                                                           2

    Effective:                                                             06/10/2016

    Five Year Review (FYR) Dates:                         03/23/2016 and 06/10/2021

    CERTIFIED ELECTRONICALLY

    Certification

    05/31/2016

    Date

    Promulgated Under:                           111.15

    Statutory Authority:                           3307.04

    Rule Amplifies:                                  3307.48

    Prior Effective Dates:                         7/1/13 (Emer) , 9/9/13

Document Information

Effective Date:
6/10/2016
File Date:
2016-05-31
Last Day in Effect:
2016-06-10
Five Year Review:
Yes
Rule File:
3307$1-7-09_FF_A_RU_20160531_1218.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 3307:1-7-09. Disability - appeal of terminations due to teaching service