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Home My WebLink About26 Disability Application Review Process TAB 26 DISABILITY APPLICATION REVIEW PROCESS August 21 , 2012 CITY OF LANSING POLICEMEN'S AND FIREMEN'S RETIREMENT SYSTEM BOARD OF TRUSTEES DISABILITY APPLICATION REVIEW PROCESS I. Purpose, The Lansing Police and Fire Retirement System Board of Trustees (the "Board") establishes the following policy to provide a procedure for the disability application review process. II. Policy. When an application is made to the Board for duty disability or non-duty disability under the retirement ordinance,the member's request will be processed in the following manner: 1. An application for disability retirement may be made in writing by a member or by the member's department head on the member's behalf. 2. The Board will receive notice that an application has been received and will refer the matter to the Disability Committee. 3. The Disability Committee shall review the application and, if it deems appropriate, direct the Retirement Analyst to send a letter to the applicant on its behalf requesting the applicant to provide the following information to the Retirement Office: • Copies of the applicant's attendance records held by the Lansing police or fire department; • Copies of the applicant's Return to Work Status, if applicable; • Copies of any run or incident report cited as the cause of the applicant's claimed disability; • Copies of the Applicant's personnel file held by the Lansing police or fire department and/or the Lansing Human Resources Department related to the applicant's claimed disability; • A list of all medical and psychological professionals that the applicant has received treatment or services from within the 10 years preceding the date of his/her application; and • Executed consent forms authorizing the release of the applicant's medical records directly to the Board's Medical Director corresponding to all medical and psychological professionals that the applicant has received treatment or services from within the 10 years preceding the date of his/her application. 4. Upon receipt of the above information, the Disability Committee shall refer the applicant and the information to the Medical Director for such medical examination(s) as may be needed for the Medical Director to make a written report as to whether the member meets the medical criteria for disability retirement under the retirement ordinance. Criteria(Ordinance Sections 294.02(1)(1),294.02(m)(1)) Examination and Reexamination Fees imposed by the Medical Director pursuant to an agreement with the Board shall be paid by the Lansing Police and Fire Retirement System. However, all additional expenses or fees, including, but not limited to, fees imposed by the Medical Director for missed appointments, travel expenses, gas and millage shall be the sole responsibility of the applicant. 5, The Medical Director will certify to the Board in writing his or her medical opinion regarding the claim of disability, i.e., whether such member is mentally or physically totally incapacitated for the performance of duty to the City as an employee and that such incapacity will probably be permanent(the "Medical Report"), 6. To keep the identity of the member who is the subject of the Medical Report confidential, the Retirement Analyst shall assign a case number to the Medical Report upon its receipt. Thereafter and until such time as the Board is prepared to make its determination as to whether or not it concurs with a final Medical Report in open session,the Medical Report and the member who is the subject of the Medical Report, when referred to publicly, whether verbally or in writing, should be identified by the assigned case number and not by name. The requirements of this paragraph shall not preclude disclosure of the identity of a member in the event a dispute arises over any discussion or action of the Disability Committee or the Board. 7. The Retirement Analyst will notify the Disability Committee when the Medical Report is received and the Disability Committee will meet for the purpose of reviewing the Medical Report and making its report and recommendation to the Board before final Board action on the disability application. 8. At a regular meeting, the Board will receive the Disability Committee's report and recommendation and review the Medical Report. All meeting agenda reference to the member is to be by the assigned case number. Pursuant to Section 8(h) of the Michigan Open Meetings Act,being MCL 15.268(h), review will be conducted in closed session. 9. Upon completion of its review, the Board in open session shall make its determination as to whether or not it concurs with the Medical Report of the Medical Director or will take such other action as it deems appropriate under the circumstances. Duty Disability: The member becomes totally incapacitated as the result of causes incurred during the performance of his or her duty as a policemen or firemen in the employ of the City, without willful negligence;and (a) After a medical examination of the member made by the Modica] Director, the Medical Director certifies to the Board that the member is mentally or physically totally incapacitated for duty as a policemen or firemen in the employ of the City and that such incapacity will probably be permanent;and (b) The report of the Medical Director is concurred in by the Board. Non-duty Disability: The member has ten or more years of credited service and becomes totally and permanently incapacitated as the result of causes incurred not in the performance of his or her duty as a policemen or firemen in the employ of the City;and (a) After a medical examination of the member made by the Medical Director, the Medical Director certifies to the Board that the member is mentally or physically totally incapacitated for duty as a policemen or firemen in the employ of the City and that such incapacity will probably be permanent;and (b) The report of the Medical Director is concurred in by the Board. (a) The minutes of the Board meeting at which the duty disability or non-duty disability is considered shall reflect the receipt of the Disability Committee's report and recommendation and the receipt and review of the Medical Director's Medical Report in closed session, before the Board's action on the application. (b) Pursuant to HIPAA, the Medical Report will only be used by the Disability Committee and the Board for the purposes of determining the member's eligibility for duty disability or non-duty disability under the pension plan. The original Medical Report shall be kept by the Retirement Analyst in the retirement office in the member's disability application file. Copies of the Medical Report may be disseminated by the Retirement Analyst to the Disability Committee and the Board at the appropriate meeting when it is to be reviewed and considered. (c) Pursuant to HIPAA, at any meeting at which the Medical Report has been disseminated, all copies thereof shall be collected and returned to the Retirement Analyst immediately after review and consideration. Except for the original Medical Report, to be kept in the office file, the Retirement Analyst will destroy all copies of the Medical Report after use. The Retirement Analyst shall notify the Board's Chairperson in writing once the copies are destroyed. III. Compliance with Applicable Laws. Nothing contained within this policy shall be construed to relieve a person of the duties and obligations imposed by the Lansing Code of Ordinances or state and federal law. Policy adopted: August 21, 2012 5830542,7 260051118235 2012 Re: Request for Duty Disability Retirement Dear --__- On behalf of the Lansing Police and Fire Retirement System Board of Trustees (the "Board"), we write in relation to your application for duty disability retirement from the Lansing, Department. On -- the Board authorized the Retirement Analyst to contact you and request the following documentation: • Copies of your attendance records held by the Lansing Department from the date of hire; • Copies of your Return to Work Status, if applicable; • Copies of any run or incident reports cited as the cause of your claimed disability; • Copies of personnel records held by the Lansing Department and/or the Lansing Human Resources Department related to your claimed disability; • A list of all medical and psychological professionals that you have received treatment or services from within the 10 years preceding the date of your application; and • Executed consent forms authorizing the release of your medical records directly to the Board's Medical Director corresponding to all medical and psychological professionals that you have received treatment or services from within the 10 years preceding the date of your application. It is your responsibility to obtain the documentation listed above and provide it to the Retirement Office, The Retirement Office is located on the 81h floor of City Hall (124 West Michigan Avenue, Wh Floor City Hall, Lansing, MI 48933). Upon receipt of the documentation, the Retirement Analyst will forward it to the Medical Director along with your application and associated medical records. The Retirement Analyst will then contact you to arrange an appointment with the Medical Director for an examination. Once your appointment is made, you will receive notification of the date and time from the Medical Director's office. Be advised, cancellations or requests for rescheduling must be made by you directly to the Medical Director's office. Any fees imposed by the Medical Director for missed appointments are your responsibility. If you have any questions regarding this letter please contact Karen Williams at (517) 483-4508. Sincerely, Lansing Police and Fire Retirement System Disability Committee 6385887.3 26005/118235