Or. Admin. Code § 459-076-0020 - Application Required
(1)
Application must be made on forms provided by PERS. PERS may require the member
to provide any information that PERS considers necessary to determine the
member's eligibility for a disability benefit.
(2) No disability benefit will be paid unless
the member files a timely and complete application with PERS.
(3) Application must be made by a member or
the member's authorized representative. A representative must submit to PERS
written proof of the representative's authority; such as a power of attorney,
guardianship or conservatorship appointment.
(4) A member must file a timely application
for disability benefits:
(a) An active member
may file the application immediately after the last day worked even though the
member may be on a paid leave or on an official leave of absence without pay.
No application will be accepted that predates the last day the member was
actually on the job, and:
(A) The application
must be filed no later than 90 calendar days from:
(i) The date the member is medically released
for work; or
(ii) The date the
member returns to work, whichever is earlier.
(B) Total disability must be continuous from
the date of disability to the earlier of paragraph (A)(i) or (ii) of this
subsection.
(b) An
inactive member who became totally disabled due to injury or disease while the
applicant was an active member and has not terminated membership, must file an
application for a disability benefit within five calendar years of the date of
separation from service. Total disability must have arisen while the applicant
was an active member and be continuous from the date of disability to the date
the application is filed.
(c) A
member cannot apply for disability benefits before their date of disability.
(5) In determining the
effective date of a disability benefit, PERS may allow up to 60 months of
benefits retroactive from the date the application is filed with PERS, but in
no case earlier than the first day of the month following the date of
separation from service.
(6) Upon
the filing of an application for a disability benefit, PERS will notify the
applicant's current or most recent employer of the filing. Additionally, PERS
may request of an employer information pertaining to current or previous
employment.
(7) When making
application for a PERS disability benefit, PERS will request the applicant
authorize any physician, health practitioner, hospital, clinic, pharmacy,
employer, employment agency, or government agency to release and disclose to
PERS, or independent physicians and vocational consultants retained by PERS,
any information within their records or knowledge, including that information
otherwise protected under federal or state law, regarding the applicant's
health and employment which PERS determines relates to the applicant's claim of
disability and inability to perform any work for which qualified.
(8) When filing an application for disability
benefit, if the applicant wishes to authorize release and disclosure of
protected health information, as defined in OAR
459-076-0001, the applicant must
complete and sign a consent form which specifically authorizes the release and
disclosure of such information.
(a) This
authorization is voluntary. PERS is not a covered entity as defined in 45 CFR
Parts 160 and 164, and the protected health information is not subject to
federal and state health information privacy laws, but may be protected under
Oregon State Public Record disclosure laws.
(b) This authorization may be revoked in
writing at any time, except to the extent the entities named on the
authorization form(s) have taken action in reliance of the authorization.
(c) If the applicant refuses to
give or revokes authorization to disclose to PERS medical information that PERS
determines it needs to evaluate the application, eligibility for a disability
benefit may be affected.
Notes
Stat. Auth.: ORS 238A.450
Stats. Implemented: ORS 238A.235
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