(1) Except as submitted by board members or the MPERA staff acting in those capacities, a request for the determination of disability benefit rights must be initiated in writing, utilizing appropriate forms, and must be accompanied by all relevant information available to the requesting party.

(a) The requesting party may provide additional information for consideration until 10 days (20 days for medical information which must be reviewed by a medical doctor) prior to the next scheduled board meeting, or, if different, the board meeting at which the request will be considered.

(b) The board or MPERA may require the requesting party to provide specific information prior to board determination.

(2) All forms necessary to apply for disability benefits may be obtained from the MPERA.

(3) All forms must be completed and submitted to the MPERA before the board will act on the application for disability benefits. A completed application must include the following forms:

(a) application for disability retirement;

(b) job duty questionnaire for disability retirement;

(c) attending physician's statement; and

(d) authorization to release information.

(4) The employer of the disability benefit applicant must define the essential elements of the member's position and show reasonable accommodation was attempted for the member's disabling condition(s) in compliance with the Americans with Disabilities Act (ADA) , statutes and rules.

(5) "Total inability" for purposes of determining disability means the member is unable to perform the essential elements of the member's job duties even with reasonable accommodation required by the ADA.

(6) The factors the board will consider in determining total inability and the permanence of a disability will include, but are not limited to:

(a) availability and use of sick leave;

(b) vocational rehabilitation;

(c) medical treatment; and

(d) whether employment has been terminated.