PURPOSE: This rule provides the procedure for claiming a disability benefit as authorized in sections 169.060, 169.070, and 169.075, RSMo.

1. (1) A member claiming disability retirement must file a written application for retirement with the board of trustees on a form provided by the board. If a member, because of physical or mental disability, is unable to make application for disability retirement, the written application may be completed by a guardian or trustee designated by a court and the completed application shall be accompanied by a certified copy of the court order designating the guardian or trustee.
2. (2) The board of trustees shall designate a medical adviser whose duty it shall be to assign applicants for disability benefits to physicians for examinations and reports.
3. (3) The board of trustees shall pay the fees of the examiners and shall pay the medical adviser a fee for each application.
4. (4) The medical adviser shall report to the board on the findings of the examining physicians and the board of trustees shall act on these findings.
5. (5) The recipient of disability benefits may be required to submit to periodic examinations until age sixty (60) by physicians selected and paid by the board, provided there shall not be more than two (2) examinations in any year. If the member fails to submit to a periodic examination or provide the board of trustees with a completed Certification of Disability Status form, the member’s disability benefit shall be suspended until such certification of the member’s continued disability is received by the board of trustees.
6. (6) The payment of the first disability benefits to a member shall be made not later than the calendar month immediately following the month in which the claim is approved. The first payment after approval shall include any benefits which have accrued between the date of disability and the date of the first payment, provided, however, that payment shall not be made for such time as the member is receiving any salary from an employer; and provided, that benefits shall not accrue for more than sixty (60) days prior to the date of filing application.
7. (7) Any person who is receiving a disability retirement allowance from the retirement system and who has attained age sixty (60) may be employed in any capacity for, and receive income of any amount from, any employer except a school district included in the retirement system. Notwithstanding any provision of section 169.560, RSMo, to the contrary, any such person may be employed in a district included in the retirement system on either a temporary-substitute or part-time basis without a discontinuance of the retirement allowance if such employment does not exceed either the limitation on hours worked or limitation on compensation set forth in section 169.560, RSMo, and 16 CSR 10- 5.010(6).
8. (8) Any person who is receiving a disability retirement allowance from the retirement system and who has not attained age sixty (60) may not be employed in any capacity by a district included in the retirement system and continue to receive the retirement allowance. Any such person may not be employed in any capacity for any other employer, the compensation for which employment would constitute a livelihood, and continue to receive the retirement allowance. The executive director, and/or the board of trustees shall determine what constitutes a livelihood in such instance. The recipient of disability benefits may be required to submit tax returns, W-2 forms, paycheck stubs, and other forms of documentation as evidence of continued eligibility for disability retirement.
9. (9) The surviving spouse and/or children of a deceased disability retiree shall have the same rights to benefits under sections 169.070 and 169.075, RSMo, as does the surviving spouse, children, or both, of a member who dies while teaching in a district included in the retirement system.
10. (10) A recipient of disability benefits may make a written request to the board of trustees to return to full-time or part-time employment on a trial basis. The written request shall include the proposed employer and the proposed start date of employment. The written request shall then either be approved or denied by the board of trustees. If the request is approved, the recipient’s disability benefit shall be placed on hold by the board of trustees for the duration of the trial period, which is not to exceed twelve (12) calendar months. If the recipient is unable to complete his or her trial basis employment period, the recipient must provide written documentation to the board of trustees stating that he or she is not able to complete the trial period. The board of trustees may require the recipient to again submit to a periodic examination by physicians selected by the board of trustees, to determine if the recipient remains incapable of earning a livelihood in any occupation. If determined to still be incapable of earning a livelihood in any occupation, the recipient shall again be considered a disability retiree and receive a disability retirement benefit without resubmitting an Application for Disability Retirement; any contributions paid to the retirement system by the recipient and his or her employer during the incomplete trial basis employment period will be refunded to the employer, which shall then refund its employee for any employee-paid contributions. The recipient shall receive no additional service credit for the incomplete trial basis employment period. If the recipient does successfully complete his or her trial basis employment, his or her disability retirement will be terminated and his or her membership status as of the date of the member’s disability retirement shall be restored; any contributions paid by the recipient and his or her employer to the retirement system by the recipient and his or her employer during the trial basis employment period will be retained by the retirement system, and the recipient will be granted service credit for the trial basis employment period. In no event shall the recipient receive a benefit payment in the same calendar month in which the recipient either works for his or her trial basis employer or receives service credit.

AUTHORITY: section 169.020, RSMo Supp. 2012.* Original rule filed Dec. 19, 1975, effective Jan. 1, 1976. Amended: Filed Aug. 11, 1977, effective Nov. 15, 1977. Amended: Filed Aug. 14, 1989, effective Nov. 11, 1989. Amended: Filed April 13, 1994, effective Sept. 30, 1994. Amended: Filed July 31, 1995, effective Feb. 25, 1996. Amended: Filed Aug. 9, 1999, effective Feb. 29, 2000. Amended: Filed Sept. 1, 2005, effective Feb. 28, 2006. Amended: Filed Jan. 4, 2010, effective July 1, 2010. Amended: Filed Feb. 15, 2013, effective July 30, 2013. *Original authority: 169.020, RSMo 1945, amended 1951, 1953, 1967, 1973, 1983, 1990, 1995, 1996, 1998, 2005, 2009.