PURPOSE: This rule establishes criteria for earnings limitation for members receiving disability benefits and offset of disability benefits against Workers’ Compensation benefits.

1. (1) If an applicant for disability benefits is receiving or is entitled to receive wage continuation payments as Workers’ Compensation benefits, the disability benefit to be received from the retirement system shall be decreased by any amount paid to the member as Workers’ Compensation benefits. If the member receives a lump sum settlement from Workers’ Compensation for loss or injury, this amount will not be offset against any disability benefits to be received from the retirement system.
2. (2) A member who is receiving disability benefits shall annually submit a statement from the member’s physician, satisfactory to the board of trustees, stating whether the disabled member has or has not regained fifty percent (50%) of his/her earning capacity. If the response is positive, disability benefits are to be discontinued immediately and the member is to be advised that s/he has the right to appeal.
3. (3) This rule applies only to the disability retirement plan.

AUTHORITY: section 104.500, RSMo (1994).* Emergency rule filed March 15, 1983, effective April 1, 1983, expired July 30, 1983. Original rule filed March 15, 1983, effective July 11, 1983. Amended: Filed Nov. 25, 1992, effective June 7, 1993. Amended: FIled Dec. 6, 1996, effective June 30, 1997. *Original authority 1957, amended 1981, 1984, 1988.