1. A. A former member who satisfies the requirements set forth in §B of this regulation may apply for disability retirement only if the former member proves to the satisfaction of the medical board that the failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during membership.

2. B. Applying for a Disability Retirement.

   1. (1) To apply for disability retirement, a former member shall:

      1. (a) Properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 24 months after the month membership ended; or
      2. (b) If the former member was in the Teachers’ Retirement System, properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 12 months after the month membership ended.
   2. (2) At the time the former member submits the required disability forms, the former member shall submit documentary evidence and a written statement attesting that the former member’s failure to submit the disability forms before the date membership ended was attributable solely to the physical or mental incapacity of the former member before the date membership ended.

3. C. To determine whether the former member’s failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during the filing period, the medical board:

   1. (1) Shall consider whether the former member’s physical or mental impairment substantially limited the applicant’s major life activities during the filing period;
   2. (2) Shall review the evidence submitted by the former member in support of the claim; and

   3. (3) May request the former member to:

      1. (a) Submit additional evidence, and
      2. (b) Report for an independent medical evaluation.

4. D. Medical Board Determination.

   1. (1) Following review of all the evidence relating to the issue of whether the former member failed to timely file a disability form, the medical board shall make one of the following decisions:

      1. (a) Certify that the former member’s failure to file a disability form during the filing period was attributable solely to physical or mental incapacity before the date membership ended; or
      2. (b) Determine that the former member’s failure to file a disability form was not attributable solely to physical or mental incapacity before the date membership ended.
   2. (2) If the medical board certifies a former member’s claim under §D(1)(a) of this regulation, the Retirement Agency shall notify the former member of the medical board's decision and accept the former member’s disability forms for processing as provided in COMAR 22.06.03.
   3. (3) If the medical board determines that the former member’s failure to file was not attributable solely to the physical or mental incapacity of the former member before the date membership ended, the former member may request a reconsideration of the medical board’s decision by following the procedures set forth in COMAR 22.06.03.03. If, after reconsideration, the medical board affirms its initial decision and rejects the former member’s disability forms, the former member may request a hearing before a judge to be conducted as provided in COMAR 22.06.06 by filing a written request for a hearing not later than 30 days after the date of the notice of the medical board’s determination.

Authority: State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland

Effective date: January 1, 1996 (22:26 Md. R. 2031)

Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)

Regulation .02A amended effective November 24, 2016 (43:23 Md. R. 1280)

Regulation .04C, D amended effective November 24, 2016 (43:23 Md. R. 1280)