HomeMy WebLinkAbout28 Disability ReExamination Investigation Policy TAB 28
DISABILITY
REEXAMINATION
INVESTIGATION POLICY
July 21 , 2009
DISABILITY REEXAMINATION
INVESTIGATION POLICY
This policy is to assist the Police and Fire Retirement Board (the Board) in the implementation of
disability retirement reexaminations under Lansing Ordinance Section 294.02(p). The guidelines
and procedure expressed in this policy may be used to assist the Board in its determination of
when to require a disability retiree to undergo a medical examination or when to seek assistance
in verifying the earnings of a disability retiree. This policy is not intended to be a limitation on
the Board's discretion regarding reexaminations or earnings verification, but is to provide a
practical approach for dealing with situations where the Board receives a complaint or other
information that calls into question the nature or extent of a disability retiree's condition or the
validity of a statement of earnings submitted by a disability retiree.
A complaint or information received by the Board, or a Board member, may form the basis for a
reexamination referral when it is verifiable and reliable and meets the threshold criteria of being
relevant to the disability eligibility standard that must be met by the disability retiree. A
complaint or information received by the Board, or a Board member, may form the basis for
seeking assistance in verifying the earnings of a disability retiree when it is verifiable and
reliable and meets the threshold criteria of being relevant to the compensation limitations
imposed upon a disability retiree by Lansing Ordinance Section 294.02(p)(3).
If, based on the complaint or information that meets the threshold criteria above, the Board,
through its Disability Committee, determines there is prima facie evidence that the disability
retiree is no longer physically disqualified from work or that the earnings reported by the
disability retiree are inaccurate, and decides that an additional third party investigative report
would be beneficial and would further the Board's consideration of the issue, the Disability
Committee may engage the services of an outside investigator, subject to the following:
Before engaging the services of an investigator, the Disability Committee should consider
the need for verification of the retiree's personal or financial condition by a third party,
the cost and cost effectiveness of an investigative report and the scope of the
investigation. The scope may include whether the investigative services should be
limited to surveillance or should also include actively questioning neighbors, coworkers,
friends, family, etc. as to the retiree's functional capacity or earnings.
A fund for such investigative services will be established from securities lending in the
amount of $2,500.00. The services may only be contracted for by the Chair of the
Disability Committee on consideration and action by a majority serving and then only
after the threshold criteria in this policy has been met. The Disability Committee may
only approve a contract for services on a"cost not to exceed contract basis"and the scope
of services must be clearly defined in the contract. The Disability Committee may only
approve a contract for services that is nonassignable. Despite this policy, no single
disability retiree investigation shall exceed $750,00 without first being submitted and
approved by the full Board.
To ensure compliance with the requirements of this policy, prior to entering into a
contract for services the Disability Committee shall require an investigative services firm
to disclose whether any of the firm's current investigators were previously employed as a
police officer or law enforcement official, or as a firefighter or fire official, in Ingham,
Eaton or Clinton Counties. A contract for services with an investigative services firm
shall specify that this disclosure requirement is ongoing during the contract term.
Should the Disability Committee determine to engage the services of an investigator to
investigate a retiree's personal or financial condition, the retiree who shall be the subject
of such investigation shall be referred to publicly by a case number assigned by the
Disability Committee to ensure the confidentiality and effectiveness of the investigation.
The report should be received by the Disability Committee and if sufficiently persuasive, may
form the basis for a recommendation to the full Board to make a medical referral or to challenge
the reported earnings of a disability retiree. The report may, upon Board action, also be provided
to the Medical Director to assist in his/her review and reexamination.
5811245.4 26005/118235