8-36-504 - Determination of disability. - Tennessee Statutes

8-36-504. Determination of disability.

(a)  The medical advisors, after an examination of the medical records of such member, shall certify, and the board of trustees shall find, that the member is disabled and should be retired.

(b)  (1)  In making the disability determination, primary consideration is given to the severity of the individual's impairment.

     (2)  When medical considerations alone are not determinative of the issue of disability, consideration shall also be given to vocational factors.

     (3)  Where vocational factors indicate the individual is capable of retraining for other employment within a twelve-month period, the individual shall not be considered disabled.

     (4)  Vocational factors shall take into consideration the individual's age, education, training and work experience.

(c)  (1)  Except as provided in subdivision (c)(4), the board of trustees may, at its discretion, accept a disability medical determination from the social security administration in lieu of referring the matter to the medical advisors for certification.

     (2)  If the board of trustees elects to accept such a disability medical determination, the member shall submit to the retirement system all the medical and other evidence used by the social security administration to evaluate the member's application for social security disability benefits. Such records shall be submitted within twelve (12) months from the date the member's application for disability retirement benefits is approved by the board. Should the member fail to provide such records within the twelve-month period and should such failure continue for ninety (90) days after the records have been requested, the member's monthly retirement benefit may be suspended.

     (3)  Any member retired by the board of trustees on a disability retirement allowance pursuant to this subsection (c) shall not be relieved from the provisions of §§ 8-36-506 8-36-508.

     (4)  This subsection (c) shall only apply to determinations of disability made pursuant to 20 CFR 404.902 and 20 CFR 404.920 as in effect on January 19, 2005.

[Acts 1972, ch. 814, § 5; 1973, ch. 347, §§ 14, 15; 1977, ch. 448, §§ 1, 2, 4; 1978, ch. 741, §§ 11, 12; 1979, ch. 321, §§ 1-3; T.C.A., §§ 8-3901, 8-3910, 8-3911; modified; Acts 2005, ch. 204, § 20; 2009, ch. 142, § 7.]