807 CMR, § 7.02 - Forms to be Completed for an Ordinary or Accidental Disability Retirement
(1) Proceedings
for ordinary or accidental disability retirement may be brought by any member
of the Massachusetts Teachers' Retirement System who, while a member in
service, becomes unable to perform the essential duties of his or her job,
whose inability is likely to be permanent, and who meets any other relevant
statutory criteria, by filing an application with the Teachers' Retirement
Board. The application shall consist of the MTRS's Disability Retirement
Application, which includes a certifying statement from the applicant's
physician.
This application is to be utilized in lieu of the disability retirement forms otherwise required by 840 CMR 10.06(1): Voluntary Retirement.
(2) The application shall be considered filed
as of the date upon which the applicant completes and submits it, including the
completed statement from the applicant's physician, to the Teachers' Retirement
Board. If the Teachers' Retirement Board believes any part of the application
contains false, fictitious or fraudulent information, the board shall notify
the Attorney General or the appropriate district attorney.
(3) Upon receipt of an application by a
member for ordinary or accidental disability retirement, the Teachers'
Retirement Board shall request the member's department head and superintendent
to complete the Employer's Statement. If the department head is not familiar
with the member's claim, the statement shall be prepared by the member's
supervisor and shall be approved by the superintendent.
(4) If a member files an application for
ordinary disability retirement while having an application for accidental
disability retirement concerning the same job pending before the Board, or
vice versa, the second application will be considered filed as
of the date of the first.
(5)
Applications for ordinary or accidental disability retirement shall be
considered by the Teachers' Retirement Board only upon completion of all the
forms set forth in
807 CMR 7.00.
Notes
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