1. A. With respect to each applicant listed on the disability report, a majority of the Board of Trustees shall:

   1. (1) Adopt the recommendation of the medical board to grant or deny a disability retirement; or
   2. (2) Remand the disability claim to the Retirement Agency for additional review or information.
2. B. If the Board of Trustees remands a disability claim, the Board of Trustees shall specify the basis for the remand and notify the Retirement Agency what additional review or information is requested.

3. C. Disability Unit’s Notice.

   1. (1) Promptly following the Board of Trustees’ action with respect to an applicant’s disability claim, the Disability Unit shall send written notice to the applicant of the Board of Trustees' action and advise the applicant of the applicant's rights as provided in Regulations .03—.05 of this chapter.

   2. (2) If an applicant has been granted an ordinary or accidental disability retirement, the Disability Unit shall:

      1. (a) Notify the applicant’s appointing authority that the applicant has been approved for disability retirement; and

      2. (b) If the applicant is a State employee:

         1. (i) Notify the Department of Budget and Management, Office of Personnel Services and Benefits, that the applicant has been approved for disability retirement; and
         2. (ii) Advise the appointing authority that the applicant shall be considered resigned from State service as of the 120th day after the date of the Disability Unit’s notice to the applicant, in accordance with COMAR 17.04.03.16E.

Authority: State Personnel and Pensions Article, §§21-108, 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Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted.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.

Regulation .06 adopted effective October 5, 1998 (25:20 Md. R. 1533)

Regulations .01—.06 amended effective October 15, 2012 (39:20 Md. R. 1309)