Ala. Admin. Code r. 800-2-1-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 800-2-1-.02 - Disability Retirement(1) A member is construed to be "in service" for the purposes of applying for disability retirement, provided such member is on an authorized leave of absence for one year, which may be extended for one additional year.(2) The Employees' Retirement System of Alabama will pay the necessary expenses, round-trip travel at the prevailing state rate, and the physician's fee for an examination, to have questionable disability requests examined by physicians designated by the Employees' Retirement System at the request of the Medical Board of the Employees' Retirement System.(3) The Board of Control shall terminate Disability Retirement Benefits when the following due process procedure is executed:(a) We base our termination upon reliable documentary evidence such as physicians' reports, employment records filed with a public agency, etc.;(b) We notify the recipient of our intention to terminate his benefits and of the reasons for that termination and the evidence upon which it is based;(c) We provide the recipient with an opportunity to review our files with respect to his status and to submit to us further documentation respecting our reason for terminating his benefits;(d) The secretary-treasurer is authorized to designate a staff member to review cases and conduct hearings;(e) We provide him with an opportunity to meet with one of our staff members designated to review such disability benefit cases;(f) We grant him, upon request, a post termination informal hearing before a member of our staff who is designated to conduct such hearings;(g) The recipient is informed that he may also request a hearing before the Board of Control relative to the termination of his benefits.Author: William T. Stephens, General Counsel, RSA.
Statutory Authority: Code of Ala. 1975, § 36-27-23(g).
History: Filed September 30, 1982; effective October 1, 1982.
Ala. Admin. Code r. 800-2-1-.02