1. (a) In the event any disability retiree under Arkansas Code § 24-8-217, or any successor statute, determines that he or she is eligible to return to covered employment in a regular judicial position or in the event the Board of Trustees of the Arkansas Judicial Retirement System receives credible information that a disability retiree is no long disabled, the retirant will be required to provide to the board current medical information from two (2) or more physicians certifying that the incapacitating disability no longer exists.

2. (b)

   1. (1) In the event that a retired member who is receiving disability retirement benefits fails or refuses to supply the current medical information to the board when requested to do so, the board may require said member to be examined by two (2) or more physicians of the board’s choosing to determine whether the incapacitating disability still exists.
   2. (2) Refusal or failure by said member to submit to a board-requested medical examination by a date established by the board may be considered as an admission that said member’s incapacitating disability no longer exists.
   3. (3) The board may, for good cause shown, extend the time in which said member shall submit to the board-requested examination.
3. (c) In the event that a retired member who is receiving disability retirement benefits no longer suffers from an incapacitating disability, the board shall terminate the disability benefits being paid to said member effective the end of the calendar month in which said determination is made.
4. (d) Nothing in this rule shall be interpreted to deny any member whose disability benefits are terminated pursuant to this rule eligibility for normal retirement benefits if said member otherwise qualifies for retirement benefits under Arkansas Code §§ 24-8-215 and 24-8-216, or any successor statutes.

Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “RULE 19 – August 7, 2008 – REASSESSMENT OF DISABILITY DETERMINATION & TERMINATION OF DISABILITY BENEFITS”.