Ohio Admin. Code 3307:1-7-09 - Disability - appeal of terminations due to teaching service
The following procedures are hereby established pursuant to section 3307.48 of the Revised Code for the appeal of termination of disability benefits by the retirement board when a recipient performed teaching services as defined by rule 3307:1-7-01 of the Administrative Code. Recipients who return to contributing service with the retirement system shall not have the right to appeal the termination of disability benefits.
(A) Disability
benefits shall immediately terminate if the
recipient performs any teaching service in this state or elsewhere. The
termination shall be effective the day prior to beginning the
employment
teaching
service. Following retirement board action, the recipient will be
informed in writing of the action taken by the retirement board and of their
right to appeal the retirement board's action.
(B) The recipient may submit in writing, not
later than thirty days after the date the notice is sent, to the retirement
board information specifying that the recipient did not perform teaching
services while receiving disability benefits along with any supporting evidence
available to the recipient.
(1) A deadline
date will be provided by the retirement system.
(2) Any costs incurred by the recipient in
the appeal will not be reimbursed by the retirement system.
(C) The executive director or his
or her designee, in consultation with the retirement system's legal counsel,
shall act as the retirement board's designee to review information received by
a recipient specifying they did not perform teaching services while receiving
disability benefits.
(D) After
reviewing the information, the executive director or his or her designee shall
make a recommendation to the retirement board whether or not to reinstate the
disability benefits as directed by section
3307.48 of the Revised
Code.
(E) The retirement board's
decision shall be final.
Notes
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.48
Prior Effective Dates: 07/01/2013 (Emer.), 09/09/2013, 06/10/2016
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