1. (a) Upon timely receipt of the application for disability retirement under 715:10-15-15(d), the TRS Medical Board will review the application at its next regularly scheduled monthly meeting. The Medical Board may recommend a member for permanent disability retirement. The Medical Board will provide written notification to TRS members of its determination regarding disability retirement, including any applicable reasons for denial. If the denial was due to a lack of information, the Medical Board may request additional evidence from the TRS member, including an additional medical examination as set out in OAC 715:10-15-17. The member may then submit additional evidence for further review within 30 days of receipt of the denial notification from TRS, provided the Medical Board can waive the 30 day deadline for good cause shown. Good cause will include a requested additional medical examination occuring outside the 30 days. If the Medical Board denies disability retirement without requesting additional information, the TRS member may request an administrative hearing pursuant to the Administrative Procedures Act, 75 O.S. Section 250 et seq., and OAC 715:1-1-10 (with the exception of subparagraphs 1 and 2) within sixty (60) days of notification of the Medical Board's adverse recommendation.
2. (b) When the Medical Board determines disability is of a temporary nature, it may recommend temporary disability retirement. Temporary disability retirement benefits may be provided for six (6) or twelve (12) months. Temporary disability retirement benefits will automatically cease at the end of the prescribed period if additional disability retirement benefits are not awarded through reapplication.
3. (1) Reapplication means timely providing to TRS a completed disability re-evaluation packet with all associated documents, including the applicable medical records from the member or a Social Security Award Notification or similar documentation. TRS will provide the re-evaluation packet to the member upon the member's request.
4. (2) Timely reapplication occurs when TRS receives the complete re-evaluation packet with all associated documents at least 30 days before temporary disability retirement expires.
5. (3) If completed reapplication documents are not timely received by TRS, reapplication for either temporary or permanent disability benefits is considered waived by the member. This terminates the disability retirement process for the associated disabling condition(s), subject to subsection (c) below.
6. (4) The Medical Board will review all timely and complete reapplication documents at the next regularly scheduled monthly meeting and provide written notification to TRS members of its determination regarding disability retirement, including any applicable reasons for denial. If the denial was due to a lack of information, the Medical Board may request additional evidence from the TRS member, including an additional medical examination as set out in OAC 715:10-15-17. The member may then submit additional evidence for further review within 30 days of receipt of the denial notification from TRS, provided the Medical Board can waive the 30 day deadline for good cause shown. Good cause will include a requested additional medical examination occuring outside the 30 days. If the Medical Board denied disability retirement without requesting additional information, the TRS member may request an administrative hearing pursuant to the Administrative Procedures Act, 75 O.S. Section 250 et seq., and OAC 715:1-1-10 (with the exception of subparagraphs 1 and 2) within sixty (60) days of notification of the Medical Board's adverse recommendation.
7. (c) In the event the Medical Board denies a request for disability retirement and the TRS member can later document disability rendering the member unable to perform regular employment duties in Oklahoma public education with medical evidence that was not in existence at the time either the Medical Board issued its previous denial or the member waived reapplication for disability retirement benefits, the TRS member may re-apply for disability retirement provided the TRS member can otherwise satisfy the requirements of OAC 715:10-15-15 at the time the member reapplies, including but not limited to the requirement that the disability existed at the time either leave without pay or termination from employment in public education ocurred.

<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 715:10-15-16 reverted back to the permanent text that was effective prior to enactment of the emergency action on 9-17-93, and remained as such until amended by permanent action on 7-25-94.</i>

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 19 Ok Reg 2729, eff 7-11-02

Amended at 33 Ok Reg 1103, eff 8-25-16

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

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

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