807 CMR 7.00 is the standard rules governing the application procedure as it relates to the documentation necessary for ordinary and accidental disability retirement for all individuals within the Massachusetts Teachers’ Retirement System promulgated by the Teachers’ Retirement Board under the statutory authority found in M.G.L. c. 15, § 16. 807 CMR 7.00 shall establish the forms to be used for members of the Massachusetts Teachers’ Retirement System who are applying for an ordinary or accidental disability retirement and shall, except as specifically provided herein be supplementary to those rules governing the disability process as promulgated by the Commissioner of the Public Employee Retirement Administration and set out in 840 CMR 10.00.
The purpose of 807 CMR 7.00 is to provide disability application materials which address the employment situation of teachers and administrators. Using these materials will enable the retirement board to ensure that it has the information needed to guarantee compliance with its fiduciary responsibility as provided in M.G.L. c. 32.
(1) Proceedings for ordinary or accidental disability retirement may be brought by any member of the Massachusetts Teachers’ Retirement System who becomes totally and permanently disabled while a member in service by filing an application with the Teachers’ Retirement Board. The application shall consist of forms:
(a) Disability Retirement Application; and
(b) Disability Applicant’s Physician’s Statement.
These forms are to be utilized in lieu of the disability retirement forms otherwise required by 840 CMR 10.06(1).
(2) Applications shall be considered filed as of the date upon which the applicant completes and submits all the required forms to the Teachers’ Retirement Board. Unless otherwise authorized by vote of the Teachers’ Retirement Board no more than one application for ordinary or accidental disability retirement shall be filed for the same condition or injury within any 12 month period. If the Teachers’ Retirement Board believes any part of the application contains false, fictitious or fraudulent information, the board shall notify the Attorney General or the appropriate district attorney.
(3) Upon receipt of an application by a member for ordinary or accidental disability retirement, the Teachers’ Retirement Board shall request the member’s department head and superintendent to complete the Employer’s Statement. If the department head is not familiar with the member’s claim, the statement shall be prepared by the member’s supervisor and shall be approved by the superintendent.
(4) Applications for ordinary or accidental disability retirement shall be considered by the Teachers’ Retirement Board only upon completion of all the forms set forth in 807 CMR 7.00.
REGULATORY AUTHORITY 807 CMR 7.00: M.G.L. c. 15, § 16.