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

(2) The following forms must be completed and submitted to MPERA before the board will act on the application for disability benefits:

(a) application for disability retirement and summary of disability;

(b) job duty questionnaire for disability retirement completed by the employer;

(c) attending physician's statement, including all medical records required to substantiate a disability claim;

(d) authorization to release information; and

(e) a Health Insurance Portability and Accountability Act (HIPAA) authorization.

(3) The requesting party may provide additional medical information for consideration until 21 days prior to the next scheduled board meeting or, if different, the board meeting at which the request will be considered.

(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.

History: 19-2-403, 19-3-2104, 19-3-2141, MCA; IMP, 19-2-406, 19-3-1002, 19-3-2141, 19-5-601, 19-6-601, 19-7-601, 19-8-701, 19-9-902, 19-13-802, MCA; Eff. 12/31/72; AMD, 1986 MAR p. 1454, Eff. 8/29/86; AMD, 1994 MAR p. 291, Eff. 2/11/94; AMD, 1994 MAR p. 2106, Eff. 7/8/94; AMD, 2002 MAR p. 1884, Eff. 7/12/02; AMD & TRANS, from ARM 2.43.502, 2008 MAR p. 2467, Eff. 12/1/08; AMD, 2013 MAR p. 2236, Eff. 11/28/13

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