1. (a) A participant is considered to have a permanent disability if the board has received a written certification by at least two (2) licensed and practicing physicians, appointed by the board, that:

   1. (1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and
   2. (2) the condition is likely to be permanent.

2. (b) The participant shall be reexamined by at least two (2) physicians appointed by the board, at the times the board designates but at intervals not to exceed one (1) year. If, in the opinion of these physicians, the participant has recovered from the participant's disability, then benefits shall cease to be payable as of the date of the examination unless, on that date, the participant is at least:

   1. (1) sixty-five (65) years of age; or
   2. (2) fifty-five (55) years of age and meets the requirements under section 13(2)(B) of this chapter.

3. (c) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated by the initial and periodic examinations and reviews to determine eligibility for disability benefits under this section shall be:

   1. (1) kept in separate medical files for each member; and

   2. (2) treated as confidential medical records.

      [Pre-2004 Recodification Citation: 33-13-10.1-8.]

As added by P.L.98-2004, SEC.17. Amended by P.L.99-2007, SEC.198.