1. (a) Refusal to Undergo Medical Examination: The Medical Board may require any member who has been retired under a disability, and who has not reached age sixty (60), to undergo a medical examination. Refusal to submit to the examination results in temporary suspension of disability retirement benefits until such examination is completed. If the medical report from such examination leads to a recommendation by the Medical Board that a member's disability benefits should be permanently terminated, that information will be provided to the member, and the member will be advised of the right to appeal the recommendation under 715:1-1-10. Disability benefits will continue to the member while the appeal is pending before the Board of Trustees. [See 70 O.S. §17-105(H)(3).]
2. (b) Return to Employment:
3. (1) Members receiving disability retirement benefits with a membership date before November 1, 2011 who are under age 62, and members receiving disability retirement benefits with a membership date of November 1, 2011 or after who are under age 65 will be referred to hereafter as members retired by disability prior to their normal retirement age.
4. (2) Members retired by disability prior to their normal retirement age who return to employment must notify TRS and provide documentation in a manner required by TRS of their expected start date, expected duties of employment, number of hours expected to be regularly worked per week, part-time or fulltime employment status, number of days expected to be worked in the fiscal year, and anticipated annual salary. This notification and information must be received by TRS prior to the member's return to employment.
5. (3) TRS will review the information to determine whether the employment necessitates a reduction of the annual retirement benefit or a determination that the member's disability retirement benefit shall be terminated due to the member's return to active service in TRS. [See 70 O.S. §17-105(H)(4) and (H)(5).]
6. (A) If the salary in gainful employment is not more than the difference between the member's final average salary and the annual benefit amount being received, no changes will occur to the annual disability benefit, provided if the member returns to employment in active contributory employment in Oklahoma public education earning membership service pursuant to OAC 715:10-13-1, the disability benefit will be assessed as provided in subparagraph (C) below. For clarity, members who return to work at a TRS participating employer without earning service credit will have the postretirement contributions due to TRS from their TRS participating employer. [See 70 O.S.§17-116.10(B).]
7. (B) If the salary in gainful employment is more than the difference between the member's final average salary and the annual benefit amount being received, TRS will reduce the annual benefit to an amount which, when added to the salary from employment, equals the member's final average salary, provided if the member returns to active contributory employment in Oklahoma public education earning membership service pursuant to OAC 715:10-13-1, the disability benefit will be assessed as provided in in subparagraph (C) below. For clarity, members who return to work at a TRS participating employer without earning service credit will have the postretirement contributions due to TRS from their TRS participating employer. [See 70 O.S.§17-116.10(B).]
8. (C) Notwithstanding subparagraph (A) and subparagraph (B) above, for members who return to active contributory employment in Oklahoma public education earning membership service pursuant to OAC 715:10-3-1, TRS will temporarily suspend the disability retirement benefit according to the timeline provided in OAC 715:10-17-14.

(i)If the member continues such employment and completes 6 months of active contributory employment, the member will be restored to active service in TRS. At such time, disability retirement will be permanently terminated. The unused portion of accumulated contributions shall be re-established in the member's account. If the member later completes a service retirement, eligibility to receive a monthly retirement allowance shall be based on total years of creditable service earned.

1. (ii) If the member terminates such employment before completing 6 months of active contributory employment, TRS will reinstate the monthly disability benefit upon satisfactory proof of termination. Satisfactory proof will be determined in the sole discretion of TRS. The reinstatement date will be determined according to the timeline provided in OAC 715:10-17-14, provided payment of such reinstated benefits may be delayed depending when the member provides notice of the terminated employment to TRS. It is in the member's best interest to provide notice of terminated employment to TRS as soon as possible.
2. (I) Employee contributions that were remitted will be refunded to the member after termination as soon as practical and will be paid as a lump sum without interest. For clarity, these contributions will be rollover eligible.
3. (II) Employer contributions that were remitted will not be refunded.
4. (4) When TRS discovers a member receiving disability retirement benefits has returned to work but failed to provide TRS notice and documentation as set out in paragraph (2) of subsection (b) above, TRS shall temporarily suspend the disability retirement benefit. The member must provide all such required information to TRS, and TRS will conduct the analyses in paragraph (3) of subsection (b) to determine whether and how to reinstate the disability retirement benefit and to determine whether TRS paid out excess disability benefits.
5. (A) Disability retirement benefits which were suspended but are found to be owed will be paid in a lump sum without interest once TRS confirms such benefits are owed, subject to offset for excess disability benefits recoupment.
6. (B) Excess disability benefits are those received in violation of subparagraph (B) or (C) in paragraph (3) of subsection (b) above. TRS will notify the member of excess disability benefits due and pursue recoupment. TRS will offset excess disability benefits received against any retirement benefits owed or accumulated contributions due, as applicable, and can pursue other recoupment means available under the law. TRS can also accept payment of the excess disability benefits in a lump sum from the member.
7. (c) If TRS determines that a member retired by disability prior to normal retirement age is either subject to a reduction in the annual retirement benefit as set out in subparagraph (B) of paragraph (3) of subsection (b) above or is employed in a position consisting of duties similar to those required in the position held before having been granted disability retirement, TRS may demand a medical re-examination to determine if the retiree remains qualified for disability retirement.

<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 7-15-97 (after the 7-14-97 expiration of the emergency action), the text of section 715:10-15-18 reverted back to the permanent text that was effective prior to the enactment of the emergency action on 8-5-96, 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>

Amended at 13 Ok Reg 3899, eff 8-5-96 through 7-14-97 (emergency)¹

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

Amended at 20 Ok Reg 2596, eff 7-11-03

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