PURPOSE: This rule establishes an appeal procedure regarding disability applications and benefit payments. 16 CSR 30-2

1. (1) If the MOSERS’ medical reviewer determines that claimant is not sufficiently disabled, the claimant will be notified and advised that s/he may appeal the decision by notifying the retirement system in writing within thirty (30) days of the date of the denial letter.
2. (2) If appealed, MOSERS’ medical reviewer will select a second physician reviewer in the same specialty as the first physician. If the second MOSERS’ physician reviewer also determined that the claimant is not sufficiently disabled, the claimant will be notified and advised that s/he may make a final appeal by writing directly to the board of trustees within thirty (30) days of the date of the (second) denial letter.
3. (3) If appealed again, the case will be heard at the next regularly scheduled board meeting that is held at least thirty (30) days after the receipt of the claimant’s written appeal.
4. (4) The decision of the board is final and no further appeals to the board of trustees are permissible. Any further appeal is to a court of law.
5. (5) 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 Aug. 4, 1993, effective March 10, 1994. Amended: Filed Dec. 6, 1996, effective June 30, 1997.

*Original authority 1957, amended 1981, 1984, 1988.