§ 35.126  DETERMINATION OF DISABILITY.
   (A)   To assist the Retirement Board in its responsibility to determine a participant’s total and permanent disability, the Board may, in its discretion:
      (1)   Contract with an independent medical review company of the Board’s choosing in the business of making such determinations;
      (2)   Create a Medical Examination Board consisting of physicians licensed to practice in the state to make disability determinations; or
      (3)   The Retirement Board may make the determination of total and permanent disability itself based on a minimum of two independent medical exams of a participant claiming a disability pension performed by licensed medical professionals of the Board’s choosing.
   (B)   In the event the Board contracts with a medical review company, the following provisions shall be applicable:
      (1)   The medical review company shall gather and review all medical records from the participant’s treating physicians.
      (2)   Except as provided below, the medical review company shall schedule a minimum of two independent medical examinations (IMEs) with medical professionals of their choosing in the specialty area of the disability upon which the application for disability pension is based. Where appropriate, the medical review company may recommend waiver of any IMEs, provided the medical review company can make accurate recommendation regarding a participant’s total and permanent disability to the Board based on medical records of participant’s treating physician(s).
      (3)   The medical review company shall develop a written report and make a recommendation to the Board regarding a participant’s total and permanent disability based on review of a participant’s medical records and IME reports.
      (4)   The Board may establish procedures for the medical review company from time to time.
   (C)   In the event a Medical Examination Board is established by the Retirement Board, the following provisions shall be applicable:
      (1)   The Medical Examination Board shall advise the Retirement Board on such medical issues as may arise under the retirement system and make recommendation to the Board as to whether a participant is totally and permanently disabled;
      (2)   The number, terms and qualifications of the physicians shall be established from time to time by the Retirement Board, but the minimum number of members shall not be less than three;
      (3)   The Retirement Board may establish procedures for the Medical Examination Board from time to time; and
      (4)   The Medical Examination Board shall review the medical evidence submitted by any participants applying for a pension due to such disability along with the results of any and all independent medical exams ordered by the Retirement Board and make a recommendation to Board based on the medical evidence submitted.
(Ord. passed 1-24-2011)