The executive director may require a member receiving a disability benefit to undergo a medical examination at any time at the expense of the system. If the member refuses to submit to a medical examination within 30 days of receipt of written notice from the executive director, the one-year period outlined in SDCL 3-12C-809 begins to run and continues until the member withdraws the refusal. If the refusal continues for one year, the member forfeits all rights to the disability benefit. If the member agrees to submit to a medical examination, upon completion of the examination by a physician selected by the executive director, the physician shall provide to the executive director a complete report on the condition of the member. If the executive director finds that the member is no longer disabled, the executive director shall notify the member by certified mail and the payment of the disability benefit shall terminate pursuant to SDCL 3-12C-809. A finding by the executive director is subject to appeal and review as a contested case.

Source: 2 SDR 17, effective September 9, 1975; transferred from § 47:07:04:06, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 160, effective May 24, 1998; 33 SDR 212, effective June 4, 2007; 34 SDR 297, effective June 2, 2008 ; SL 2016, ch 31, § 68, effective July 1, 2016 ; 45 SDR 142, effective July 1, 2019.

General Authority: SDCL 3-12 C - 211 .

Law Implemented: SDCL 3-12 C - 801 , 3-12 C -8 03 , 3-12 C - 8 0 9 .

Prior versions effective: 2016-07-01, 2008-06-02.