34 Tex. Admin. Code § 73.17 - Disability Retirement-Eligibility

(a) Incapacity from the further performance of duty means that the member has demonstrably sought and been denied workplace accommodation of the disability in accordance with applicable law, and that the member is physically or mentally unable to continue to hold the position occupied and to hold any other position offering comparable pay. The education, training, and experience of the employee are to be considered when making this determination. "Comparable pay" means eighty (80) percent or more of the member's final state base pay prior to deductions for taxes or deferred compensation as provided or allowed by state and federal law; and it includes longevity and hazardous duty pay. Comparable pay may be adjusted by retirement system staff to account for realized state pay rate changes over time. The term excludes the monetary value of insurance and retirement benefits.

(b) In addition to the periodic medical examinations provided for in Texas Government Code § 814.208(a), the executive director may direct a disability retiree to undergo additional medical examinations and to provide additional information satisfactory to the retirement system relevant to determining whether or not the retiree remains incapacitated for the further performance of duty. Absent a showing of good cause, a disability retiree who fails to respond to the request in a timely manner may have his or her disability retirement benefits and associated health insurance benefits suspended until the retiree has fully complied with the request. If the retiree fails to comply with the request for one year from the date the information was first requested by the retirement system, then all disability retirement benefits shall be terminated.

(c) A medical examination required by any provision of the Government Code, Title 8, Chapter 814, Subchapter C, shall be performed only by a medical doctor or a doctor of osteopathic medicine holding a license to practice medicine in Texas and in good standing, or who holds a similar license in good standing in another jurisdiction with licensing and disciplinary requirements substantially similar to Texas.

Notes

34 Tex. Admin. Code § 73.17

The provisions of this §73.17 adopted to be effective September 21, 1981, 6 TexReg 3427; amended to be effective September 13, 2001, 26 TexReg 6953; amended to be effective May 3, 2006, 31 TexReg 3588; amended to be effective June 14, 2010, 35 TexReg 5041