Wash. Admin. Code § 415-105-090 - Reexamination after retirement
(1)
Every retiree under 49.5 years of age must be medically reexamined every six
months by the board doctor or approved physician, except as provided in
subsection (4) of this section.
(2)
The retirement allowance of any retiree who fails to submit to a medical
examination as required in subsection (1) of this section shall be discontinued
until the retiree complies with the reexamination requirement. If the retiree
continues for one year to refuse to undergo reexamination, the board shall
cancel his or her retirement allowance.
(3) If the retiree resides more than one
hundred miles from his or her former employer, the board may authorize the
retiree to be examined by a physician in the retiree's local area. The board
must approve the local area physician and provide him or her with information
about the purpose of the examination and the issues to be addressed in the
physician's report to the board.
(4) If the board doctor or approved physician
finds that no possibility exists for the retiree's recovery and return to duty,
the board may determine that subsequent medical examinations are not required.
The determination may be made at the time of retirement or at any time
thereafter, but must be based on a current (within ninety days) recommendation
of the examining physician. The board must notify the department of retirement
systems when it makes a determination of permanent disability. A copy of the
physician's report must accompany the notice.
(5) If the examination shows that the retiree
is fit to perform the duties of the rank or position held at retirement, the
retiree shall be entitled to a hearing before the board. The notification and
hearing shall comply with the requirements of the Administrative Procedure Act,
chapter
34.05 RCW. Unless the
retiree waives his or her right to the hearing, the board must hold the hearing
before it can cancel the disability retirement allowance.
Notes
Statutory Authority: RCW 41.50.050. 99-16-075, § 415-105-090, filed 8/3/99, effective 9/3/99. Statutory Authority: RCW 41.26.115. 87-07-015 (Order 87-3), § 415-105-090, filed 3/11/87; 81-23-032 (Order 81-03), § 415-105-090, filed 11/16/81.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.