Section 1750.40 Retirement
for Disability
a) Application for Disability Retirement. An application for
retirement for disability filed by a participant between scheduled meetings of
the Board and prior to a participant's termination of service, may be accepted
with the understanding that certificates or statements from physicians
certifying to the disability of the applicant may be required and that final
approval of an application would be conditioned upon the member's resignation
from service as a Judge.
b) Conditions for Retirement. A Judge shall be considered
permanently disabled and eligible for retirement for disability if:
1) the disability occurred during employment as a Judge;
2) the disability is of such nature as to prevent him from
reasonably performing the duties of his office; and
3) the Board has been furnished a written statement by at least 2
licensed and practicing physicians designated by the Board certifying that the
Judge is disabled for service as a Judge and that his disability is likely to
be permanent.
c) Administration of Disability Claims.
1) The Board shall cause to be made at least once each year
medical examinations of disability retirement beneficiaries to determine the
continued existence of permanent disability for judicial service and to
establish their continued entitlement to benefit payments. The physicians to
be used for this purpose shall be appointed by the Board and the cost of the
examinations shall be assumed by the Board.
2) Outside investigational services shall be utilized by the
Board from time to time, as the occasion requires, for the purpose of
establishing that a disability retirement beneficiary is permanently disabled
and unable to perform the duties of a Judge, with the cost thereof to be paid
by the Board.
3) Should the Board decide as the result of medical examinations
or other disclosures that the disability beneficiary is no longer disabled for
the performance of duty, the Board shall notify in writing the disability
beneficiary and provide him the opportunity to submit within 30 days from the
date of said notice written evidence as to why benefits should not be
terminated. Thereupon the Board shall consider the said matter at its next
regular meeting and the Secretary shall notify the disability beneficiary that
he may appear at said meeting and be heard on such question. Thereafter the
Board may discontinue payment of benefits and the appropriate agency or officer
of the State shall be notified regarding such action.