1. (a) Disability retirement for a member of the Arkansas Public Employees’ Retirement System can be approved in one (1) of two (2) ways:

   1. (1)

      1. (A) Before a member can be approved for disability retirement from the system, he or she must first apply and be approved by either Social Security or by the Federal Railroad Retirement Board for disability benefits.
      2. (B) If a member is approved for disability payments, then the member shall furnish proof to the system of such approval and the member, who is otherwise eligible under state retirement law, will automatically be approved for system benefits retroactive to the date that benefits would have become payable under law; or

   2. (2)

      1. (A) Should the member not be approved for Social Security or for Federal Railroad Retirement Board disability payments, the member, after having been denied Social Security or Federal Railroad Retirement Board through the administrative law judge appeal level, may appeal directly to the Board of Trustees of the Arkansas Public Employees’ Retirement System.
      2. (B)

2. (i) The member shall furnish a physician’s statement or physicians’ statements and other medical documentation, obtained at the member’s expense, to the system Medical Review Board (MRB) for evaluation.

   1. (ii) The MRB shall be composed of physicians approved by the Board of Trustees of the Arkansas Public Employees’ Retirement System.

      1. (iii) The results of the MRB evaluation shall be presented to the Board of Trustees of the Arkansas Public Employees’ Retirement System for final consideration.

      2. (C)

         1. (i) Members applying under Acts 1999, No. 868, shall submit copies of a physician’s statement or physicians’ statements and other medical documentation, obtained at the member’s expense, to the MRB for evaluation.
         2. (ii) The results of the MRB evaluation will be presented to the Board of Trustees of the Arkansas Public Employees’ Retirement System for final consideration.

3. (b) After retirement on disability, the member will:

   1. (1) Be reviewed by the Social Security Administration or Federal Railroad Retirement Board if receiving benefits from either agency; and

   2. (2) Have to furnish the system with a copy of the Social Security Administration or Federal Railroad Retirement Board findings.

      1. (c) In those instances where a disability retirant is working, determination as to whether remuneration is substantially gainful, as referenced in Arkansas Code § 24-3-208, shall be based on guidelines used by the Social Security Administration for the Social Security Disability Insurance program.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "203 – 1957 (5) – Disability Retirement (as amended November 2012)"