Code of Massachusetts Regulations
840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION
Title 840 CMR 10.00 - Standard Rules for Disability Retirement
Section 10.14 - Comprehensive Medical Evaluation
Current through Register 1537, December 20, 2024
After a public employee retires for accidental or ordinary disability retirement, that member must participate in an evaluation once per year during the first two years after retirement and once every three years thereafter. This evaluation shall consist of PERAC's review of the retiree's medical records and all information submitted by the retiree's retirement board to determine whether the retiree is permanently or currently unable to perform the essential duties of the position from which he or she retired. In making this determination for municipal public safety personnel, PERAC shall utilize and apply the Regulations for the Initial Medical and Physical Fitness Standards Test for Municipal Public Safety Personnel promulgated by the Human Resources Division of the Commonwealth. Following review, PERAC may determine that:
(1) Retiree is Permanently Disabled. In the event PERAC determines that the retiree is permanently unable to perform the essential duties of the position from which he or she retired because of the catastrophic nature of his or her medical condition, the retiree will not be scheduled for a comprehensive medical examination.
(2) Retiree is Currently Disabled. In the event PERAC determines that the retiree is currently unable to perform the essential duties of the position from which he or she retired, the retiree will not be scheduled for a comprehensive medical examination, but he or she may be subject to future evaluations.
(3) Further Information Needed. In the event PERAC determines that further information is needed to determine whether the retiree should be restored to service, PERAC may request that the retiree furnish PERAC with copies of all medical records from the date of retirement or from the date of the member's most recent CME, whichever last occurs. If a retiree does not submit additional medical records to PERAC, PERAC may schedule the retiree for a comprehensive medical evaluation with a physician. A retiree's failure to respond at all to PERAC may result in the suspension of the retiree's retirement allowance until brought into compliance.