§ 29-104. Disability retirement application procedure -- Limitations on filing for disability

   (a) In general. -- Except as provided in subsections (c) and (d) of this section and subject to subsection (e) of this section, an application for disability retirement must be submitted before the date membership ends.

(b) Exception -- Extension of membership. --

   (1) This subsection applies only to an application for an ordinary or accidental disability retirement allowance filed by a member of the Employees' Pension System or the Teachers' Pension System who is not subject to the contributory pension benefit or the Alternate Contributory Pension Selection and who separated from employment on or before June 30, 2005.

   (2) For the purpose of submitting an application for disability, membership continues for 4 years after paid employment ends.

(c) Exception -- Former members. --

   (1) Except as provided in paragraph (2) of this subsection, the Board of Trustees may accept an application for ordinary, accidental, or special disability retirement from a former member within 24 months after the month membership ended if the former member proves to the satisfaction of the medical board that failure to submit an application while a member was attributable solely to physical or mental incapacity during the filing period.

   (2) The Board of Trustees may accept an application for ordinary or accidental disability retirement from a former member of the Teachers' Retirement System within 12 months after the month membership ended if the former member of the Teachers' Retirement System proves to the satisfaction of the medical board that failure to submit an application while a member of the Teachers' Retirement System was attributable solely to physical or mental incapacity during the filing period.

   (3) If the Board of Trustees accepts a disability retirement application under this subsection and grants a disability retirement allowance, the retirement allowance begins as of the first day of the month after the Board of Trustees receives the application.

(d) From surviving beneficiary of deceased member. --

   (1) The Board of Trustees shall accept an application for ordinary, accidental, or special disability retirement from a surviving beneficiary of a deceased member, if a preliminary application for disability retirement or an application for disability retirement:

      (i) is signed and dated by the deceased member within 7 days before the death of the member; and

      (ii) is received by the Board of Trustees on or before 30 days after the date of the death of the member.

   (2) If the Board of Trustees receives an application under paragraph (1) of this subsection:

      (i) the medical board shall review the application to determine if the deceased member was mentally or physically incapacitated for the further performance of the normal duties of the individual's position; and

      (ii) the Board of Trustees shall review the application to determine if the preliminary application for disability retirement or the application for disability retirement was signed by the deceased member before the death of the member.

   (3) The Board of Trustees shall grant a disability retirement allowance, if:

      (i) the medical board determines that the deceased member would have been eligible for disability retirement at the time the deceased member signed the disability application; and

      (ii) the Board of Trustees determines that the signature is valid.

   (4) In order for the signature to be valid, a surviving beneficiary shall submit to the Board of Trustees an affidavit signed by an individual who witnessed the deceased member signing the preliminary application for disability retirement or the application for disability retirement before the death of the member.

   (5) If the Board of Trustees accepts a disability retirement application under this subsection and grants a disability retirement allowance, the retirement allowance begins as of the first day of the month after the Board of Trustees receives the application.

(e) 5-year limitation for accidental disability applications. --

   (1) This subsection does not apply to an application for special disability under the State Police Retirement System or an application for accidental disability under the Law Enforcement Officers' Pension System or to an application for accidental disability under the Correctional Officers' Retirement System.

   (2) The Board of Trustees may not accept an application for accidental disability filed by a member or former member more than 5 years after the date of the claimed accident.

HISTORY: An. Code 1957, art. 73B, § 2-404, 3-404, 4-404, 5-404, 7-404, 8-402, 10-218; 1994, ch. 6, § 2; 1995, ch. 372; 1996, ch. 438, § 3; 1997, ch. 158; 1998, ch. 472; 2000, ch. 395, § 2; chs. 396, 573; 2001, ch. 34; 2003, ch. 21, § 1; 2005, ch. 493, § 1; 2007, ch. 337; 2010, ch. 597.