1. (a) Any member who is actively employed in the public schools of Oklahoma and is regularly contributing to TRS may be retired due to a medical disability which renders the member unable to perform regular employment duties, provided such member:

   1. (1) has at least ten (10) years of Oklahoma membership service,
   2. (2) timely submits a complete application for disability retirement, and,
   3. (3) is found by the Medical Board of TRS to be medically disabled to continue regular duties, or
   4. (4) meets the requirements of paragraphs (1) and (2) of this subsection and timely submits to TRS a Social Security Award Notice or other sufficient written documentation from the Social Security Administration certifying the member has been approved for disability benefits by the Social Security Administration, U. S. Department of Health and Human Services,
   5. (5) however, a member who is eligible for unreduced regular retirement is not eligible for disability retirement benefits.
2. (b) A member who has terminated employment or is on leave without pay status shall be eligible for disability retirement by meeting the provisions of paragraph (a) of this rule, provided the disability existed at the time the leave without pay status commenced or the termination of employment from the public schools of Oklahoma occurred, and the disability was the reason for the leave status or termination of employment.

3. (c) The application for disability retirement required in paragraph (2) of subsection (a) of this section must include:

   1. (1) a detailed statement by the member as to the nature of the disability and how the disability prevents the member from performing the regular duties of the member's current position.
   2. (2) a detailed statement by the member's employer (chief administrative officer or personnel officer) as to the nature of the member's regular job duties,and how the disability prevents the member from performing the regular duties assigned to the position of employment, and
   3. (3) a detailed report by the member's physician giving the medical nature of the disability. The attending physician's report should certify that the member, in the physician's judgment, is mentally or physically incapacitated from further performance of duty, that such incapacity is likely to be permanent, and that the member should be retired. Any examination required to complete this report must be at the expense of the member. The physician must be a Doctor of Medicine or Doctor of Osteopathy and in good standing. In conditions related to the eye(s), the physician must be an ophthalmologist in good standing. In conditions related to hearing, the physician must be an otolaryngologist or Doctor of Audiology and in good standing. For mental health conditions, the physician must be a Doctor of Clinical Psychology or Doctor of Psychiatry and in good standing.
4. (d) TRS must receive the complete application for disability retirement along with all supporting documents, such as medical records or a Social Security Award Notice, by the first day of the month in which the Medical Board is scheduled to meet.

5. (e) The effective date for disability retirement must always be on the first (1st) day of the applicable month. The effective date will be the later of (1) or (2) below, but an effective date can never occur prior to receipt of the complete disability retirement application:

   1. (1) the first day of the month in which the disability application is approved by the Medical Board, provided a bona fide separation of service occurs no later than the 10th of the month the disability application is approved, or
   2. (2) the date determined by the Board of Trustees after an administrative review, if such review is requested by the member pursuant to the Administrative Procedures Act 75 O.S. 250 et seq.
6. (f) The disability retirement becomes binding on the effective date specified in subsection (e) of this section. Disability retirements cannot be revoked except by written request from the member delivered to TRS or postmarked by the United States Postal System prior to the effective retirement date (see OAC 715:10-15-5) or by returning to active service employment (See OAC 715:10-15-18).
7. (g) The disability retirement benefit shall be calculated in the same manner as regular retirement benefits described in OAC 715:10-15-7, with the exception that no reduction will be made due to the age of the member. Providing that any member who qualifies for disability benefits after June 30, 2003, who is married at the time his or her disability benefits commence, may elect an actuarially reduced 100% joint survivor retirement benefit based on factors provided by the System's consulting actuary.
8. (h) The disability retirement benefit is payable under the same provisions as the Maximum Plan of Retirement or Retirement Option 2 explained in OAC 715:10-15-10. Payments are made monthly for the life of the retiree or until the member is able to return to employment (See OAC 715:10-15-18). The only survivor benefits available to a disabled member's beneficiaries or estate are a return of any member contributions not paid to the member in the form of monthly benefits and the $5,000 death benefit provided per statute, provided the return of member contributions is not available if the disabled member elected the reduced benefit option to provide the spouse a monthly benefit as described in subparagraph (g) of this section.
9. (i) If the disabled member elects to receive an actuarially reduced 100% joint survivor retirement benefit, the surviving spouse will continue to receive the disabled member's monthly benefit for life. At the death of the disabled member, the member's designated beneficiary for the death benefit, or the member's estate if there is no designated beneficiary, will receive the $5,000 death benefit provided by statute. If the disabled member's spouse should die before the disabled member, the disabled member's monthly disability benefit will be increased to the amount the disabled member would have been entitled to receive if the disabled member had elected the Maximum Plan of Retirement. The increased monthly benefit will become effective the first day of the month following the death of the disabled member's spouse providing proper notice is received by TRS and will be paid as provided in OAC 715:10-15-10.1.

<i>¹This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-94 (after the 7-14-94 expiration of the emergency action), the text of section 715:10-15-15 reverted back to the permanent text that became effective 7-12-93, and remained as such until amended by permanent action on 7-25-94.</i>

<i>²This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-95 (after the 7-14-95 expiration of the emergency action), the text of section 715:10-15-15 reverted back to the permanent text that became effective 7-25-94, and remained as such until amended by permanent action on 7-27-95.</i>

<i>³This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-97 (after the 7-14-97 expiration of the emergency action), the text of section 715:10-15-15 reverted back to the permanent text that became effective 7-27-95, as was last published in the 1996 Edition of the OAC, and remained as such until amended by permanent action on 7-25-97.</i>

<i>⁴This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-04 (after the 7-14-04 expiration of the emergency action), the text of section 715:10-15-15 reverted back to the permanent text that became effective 7-12-01, as was last published in the 2001 Edition of the OAC, and remained as such until amended by permanent action on 8-12-04.</i>

Amended at 10 Ok Reg 3879, eff 7-12-93

Amended at 10 Ok Reg 4829, eff 9-17-93 through 7-14-94 (emergency)¹

Amended at 11 Ok Reg 4251, eff 7-25-94

Amended at 12 Ok Reg 295, eff 10-14-94 through 7-14-95 (emergency)²

Amended at 12 Ok Reg 3285, eff 7-27-95

Amended at 13 Ok Reg 3899, eff 8-5-96 through 7-14-97 (emergency)³

Amended at 14 Ok Reg 3216, eff 7-25-97

Amended at 18 Ok Reg 50, eff 10-3-00 (emergency)

Amended at 18 Ok Reg 3152, eff 7-12-01

Amended at 21 Ok Reg 3091, eff 8-21-03 through 7-14-04 (emergency)⁴

Amended at 21 Ok Reg 3099, eff 8-12-04

Amended at 36 Ok Reg 65, eff 10-29-18 (emergency)

Amended at 36 Ok Reg 1255, eff 8-11-19

Amended at 40 Ok Reg 1293, eff 9-11-23

Amended at 42 Ok Reg, Number 22, effective 9-1-25