(1) The examination
of a member previously retired for disability shall consist of the following
(a) If after an evaluation pursuant to M.G.L.
c. 32, § 8 and
840 CMR
10.14 it is determined that a retired member
is able to perform the essential duties of the position from which he or she
retired or a similar job within the same department for which he or she is
qualified without a medical or vocational rehabilitation program, or after the
completion of a rehabilitation program as provided in
840 CMR
10.19, PERAC shall appoint a medical panel
ofthree physicians to examine the member separately to determine the scope of
the member's mental physical capabilities and whether the member is able to
perform the essential duties of his or her job or the essential duties of a
similar job within the same department given the member's condition.
(b) The panel shall consist of a physician
skilled in the particular branch of medicine or surgery that would encompass
the condition for which the member retired and such other physicians as PERAC
determines necessary to determine the scope of the member's capabilities and
whether the member is able to perform the essential duties of his or her job or
the essential duties of a similar job within the same department given the
member's condition.
(c) All
proceedings related to the return to service examination including, but not
limited to, notice of the return to service examination, medical tests to be
performed thereat, attendance, rescheduling, confidentiality and certification
of panel findings shall be done in accordance with and pursuant to
840 CMR
10.10, .11 and .14.
(d)
Re-evaluation of Retiree Able
to Perform the Essential Duties of His or Her Position. When a
retiree is found able to perform the essential duties of the position from
which he or she retired, PERAC will notify the retiree, the retirement board,
the employer, and the Commonwealth's Division of Human Resources. Some time may
pass before a position becomes available and the retiree is actually restored
to service. In the interim, a PERAC case manager and a physician selected by
PERAC will monitor the retiree's medical status. Every six months, the retiree
will be asked to complete and return a health questionnaire to PERAC. The
retiree may also be re-evaluated by a comprehensive medical evaluation
physician upon any significant change in his or her medical condition and
before returning to work. The goal is to assess the retiree's medical readiness
to return to work and to minimize the possibility of missing a retraining
opportunity.
(2)
Restoration of a Member Who Was Retired for Disability to Active
Service. In the event that a member who was retired for disability
is found able to perform the essential duties of the position from which he or
she retired pursuant to M.G.L. c. 32, § 8 and 840 CMR 10.15(1), the
following shall occur:
(a) If, within two
years of the date that a member retired under M.G.L. c. 32, § 6 or 7, a
medical panel convened pursuant to M.G.L. c. 32, § 8 unanimously finds
that the member is able to perform the essential duties of the position from
which he or she retired or so finds following completion of a rehabilitation
program the member shall be returned to such position if it is vacant or a
similar job within the same department for which he or she is qualified and his
or her disability retirement shall be revoked. If such position is not vacant,
the last person appointed to that rank or position shall be reduced in rank or
position to create a vacancy and the person who was reduced in rank or position
shall be placed at the top of the list to fill such rank or position for a two
year period. The retirement board shall notify the member, the employer and the
State Human Resources Division of the panel's determination. A copy of this
notification shall be sent to PERAC.
(b) If, after two years of the date that a
member is retired under M.G.L. c. 32, § 6 or 7, a medical panel
unanimously determines that the disability retiree is qualified for and able to
perform the essential duties of the position from which he or she retired or a
similar position within the same department, as determined by the State Human
Resources Division, the member shall be returned to said position, provided the
position is vacant. If a vacancy exists, the member shall be restored to active
service in the position from which he or she retired. If no vacancy exists, the
member shall be granted a preference for the next available position or similar
position for which he or she is so qualified. The retirement board shall notify
the member, the employer and the State Human Resources Division of the panel's
determination. A copy of this notification shall be sent to PERAC.
(c) If a retiree is found able to return to
his or her position as provided in 840 CMR 10.15(2)(b), and if no vacancy
exists in the same or in a similar position, the retiree shall continue to
receive his or her retirement allowance until reinstatement takes place or
until the member's pension is reduced or revoked as a result of the submission
of earnings information under M.G.L. c. 32, § 91A.
(d) If a member refuses to return to service
or to file such information as the retirement board or PERAC shall require, the
retirement board shall suspend his or her retirement allowance.
(e) If any member is restored to active
service, his or her retirement allowance shall cease and the individual shall
again become a member in service and regular deductions shall again be taken
from regular compensation.
(f) Any
creditable service in effect at the time of the member's retirement for
disability shall thereupon be restored to full force and effect and, upon
subsequent retirement, the member shall be entitled to a normal yearly
allowance computed as though such disability retirement had not taken place. No
additional contributions shall be required for receiving such creditable
service. The amount of creditable service to be granted for the period during
which the member received a disability retirement allowance shall be based on
the average amount of creditable service earned by the member for the 24 months
immediately preceding the last day for which the member received regular
compensation.
(g) The provisions of
840 CMR
10.14 and 10.15(2) shall not apply to any
person who upon restoration to service would be classified in Group
3.
(3)
Restoration to Service of Sworn Members of the State
Police. The restoration to service process for sworn members of
the State Police is provided for in M.G.L. c. 32, § 26. Retirees who would
be restored to positions of sworn State Police Officers are to be evaluated
once each year during the first two years after retirement, once every three
years thereafter, or at any time upon written request. Any retiree who has been
retired for disability under the provisions of M.G.L. c. 32, §§ 6, 7,
or 26 for more than ten years, and has during such time complied with the
evaluation requirements, shall not be required to participate in any further
evaluations. PERAC's comprehensive medical evaluation and restoration to
service process may involve examinations by four physicians. A single physician
may examine the retired State Police Officer in the comprehensive medical
evaluation process and three physicians in the restoration to service process.
Two of the three physicians in the restoration to service examination will be
selected by PERAC and the third physician will be the State Police Surgeon. All
physicians involved in the process must consider the Massachusetts State Police
Officer's Medical Fitness Standards and Essential Task List, the Massachusetts
State Police Academy Physical Fitness and Preparation Guide, and Physical
Training Protocol when determining if a retire is able to meet all of the
Massachusetts State Police requirements.
If the retiree completes PERAC's restoration to service process
and is unanimously found able to perform the essential duties of his or her
job, the medical reports are forwarded to the member, the Retirement Board and
the Colonel of the State Police. The Colonel of the State Police makes the
final determination with regard to a retiree's restoration to
service.