(a)

1. (1) A member shall submit a completed application for disability retirement and all accompanying documentation required by the Arkansas Teacher Retirement System by the end of the sixth full calendar month immediately following the date of the member’s disability retirement application.

2. (2) If a member does not submit all accompanying documentation by the end of the sixth full calendar month immediately following the date of the member’s disability retirement application, the system shall:

   1. (A) Submit the disability retirement application to the medical committee for review as complete; or
   2. (B) Withdraw the application at the request of the member unless an extension is granted by the Executive Director of the Arkansas Teacher Retirement System.

(b)

1. (1) Disability retirement benefits shall begin on the first of the month in which a member files a disability retirement application with the system if the:

   1. (A) Member is eligible for disability retirement;
   2. (B) Member is no longer employed by a covered employer at the time he or she files the disability retirement application; and
   3. (C) Medical committee determines that the member has a disability.
2. (2) If the member is still employed by a covered employer at the time the member files the disability retirement application then, once approved by the medical committee and then the Board of Trustees of the Arkansas Teacher Retirement System, the member’s disability retirement shall begin on the first of the month following the last day of the member’s covered employment.

(d)

1. (1) A member may request a second review of his or her initial disability retirement application if the:

   1. (A) Member’s initial disability retirement application is denied; and
   2. (B) Member submits additional medical documentation for the medical committee’s consideration.
2. (2) A member may only request a second review one (1) time.
3. (3) If a member requests a second review, unless an extension is granted by the executive director, the member has until the end of the sixth full calendar month immediately following the date of the written notice of the medical committee’s denial of the member’s initial application for disability retirement to submit additional medical documentation.

4. (4)

   1. (A) If a member’s initial disability retirement application is denied after the second review, the member may file another subsequent disability retirement application and submit additional information for consideration if the member is active and eligible for disability retirement.
   2. (B) If a member’s initial disability retirement application is denied and the member is ineligible to apply for disability retirement benefits or is inactive, the member may apply for age and service retirement if the member meets the requirements for age and service retirement.

(e) If a member dies after the disability application is received by the system, but before his or her disability retirement application is approved, then the:

1. (1) Member shall be considered as having died in active service; and
2. (2) Survivor benefits under Arkansas Code § 24-7-710 shall be paid, unless the member designated one (1) or more alternative residual beneficiaries.

(f)

1. (1) If a disability retirement application is approved by the medical committee after May 31, 2011, the board shall allow the member to designate an Option A or Option B beneficiary at the time of retirement.

2. (2) An Option C beneficiary shall not be designated by:

   1. (A) A member who applies for disability retirement; or
   2. (B) A disability retiree.

(g)

1. (1) The same rules that apply to an active member’s surviving spouse under Arkansas Code § 24-7-710(b) shall apply to a disability retiree’s surviving spouse if the disability retiree:

   1. (A) Designates his or her spouse as Option A or Option B beneficiary at the time of retirement; and
   2. (B) Dies before reaching sixty (60) years of age.

2. (2) The same rules that apply to a surviving spouse of an active member under Arkansas Code § 24-7-710(b) shall apply to the surviving spouse of a disability retiree if the disability retiree:

   1. (A) Dies after disability retirement benefit payments to the disability retiree begin;
   2. (B) Does not designate his or her spouse as an Option A or Option B beneficiary; and
   3. (C) Does not designate a residue beneficiary.

3. (3) The same rules that apply to a surviving spouse of an active member under Arkansas Code § 24-7-710(b)(1)(B) shall apply to the surviving spouse of a disability retiree if the disability retiree:

   1. (A) Dies after disability retirement benefit payments to the disability retiree began;
   2. (B) Does not designate his or her spouse as an Option A or Option B beneficiary; and
   3. (C) Designates his or her spouse as a residue beneficiary.
4. (4) The same procedures used under Arkansas Code § 24-7-710 that are used to determine when an active member’s surviving spouse is entitled to begin receiving benefit payments shall be used to determine when benefit payments shall begin for a residue beneficiary who is the surviving spouse of a disability retiree and elects an Option A – 100% Survivor Annuity.

5. (5) If a disability retiree designates his or her dependent child as an Option A or Option B beneficiary, and the disability retiree dies before reaching age sixty (60), then:

   1. (A) The same rules that apply under Arkansas Code § 24-7-710(c) to an active member’s surviving child shall apply to the disability retiree’s Option A or Option B dependent child beneficiary until the date on which the disability retiree would have turned sixty (60) years of age; and
   2. (B) On the date on which the disability retiree would have turned sixty (60) years of age, the Option A or Option B dependent child beneficiary shall receive the greater of the surviving child annuity under Arkansas Code § 24-7-710(c) or the Option A spouse annuity under Arkansas Code § 24-7-710(b).