OAR 459-076-0005
Eligibility for Disability Benefits
(1)
An active member must be totally, not partially, disabled and unable to perform any work for which qualified for an extended duration to be eligible for a disability benefit.(2)
A member with disabilities arising after the member’s date of termination from a qualifying position(s) is not eligible for a disability benefit.(3)
In determining a member’s eligibility for disability benefits, the burden of proof is upon the applicant. The Board is not required to prove whether the applicant is or is not eligible for disability benefits.(4)
Eligibility requirements for duty disabilities.(a)
To be eligible for a duty disability a member must prove:(A)
The mental or physical incapacitation arose out of and in the course of duty and was not intentionally self-inflicted; and(B)
The on the job injury must be the material contributing cause of the disability, even if the member has a pre-existing condition.(b)
For work related stress to be considered the material contributing cause of the disability all of the following criteria must be met:(A)
The employment conditions producing the work related stress exist in a real and objective sense;(B)
The employment conditions producing the work related stress are conditions other than conditions generally inherent in every working situation or reasonable disciplinary, corrective or job performance evaluation actions by the employer, or cessation of employment or employment decisions attendant upon ordinary business or financial cycles;(C)
There is a diagnosis of a mental or emotional disorder which is generally recognized in the medical or psychological community; and(D)
There is evidence that the work related stress arose out of and in the course of employment.(5)
Eligibility requirements for non-duty disabilities. A member applying for non-duty disability benefit must meet the 10 or more years of service requirements pursuant to ORS 238A.235 (Disability benefit)(2)(a) or (b).(6)
Termination of OPSRP membership. Disability benefits are available only to active OPSRP Pension Program members. Former OPSRP Pension Program members who have terminated membership pursuant to ORS 238A.110 (Termination of membership) are not eligible to receive OPSRP disability benefit.(7)
Return to work. If a member who is receiving a disability benefit becomes employed or receives earned income, the member’s disability benefit will be terminated, effective the first of the month following employment or issuance of earned income. PERS will invoice the member for, or recover under ORS 238.715 (Recovery of overpayments), any overpayment of benefits.(8)
PERS may contact other public or private agencies, such as the Oregon Employment Department, the Oregon Department of Revenue, or the U.S. Internal Revenue Service to obtain employment information.(9)
Upon request by PERS, a member must provide PERS with a copy of the member’s federal income tax returns, together with copies of IRS forms W-2.
Source:
Rule 459-076-0005 — Eligibility for Disability Benefits, https://secure.sos.state.or.us/oard/view.action?ruleNumber=459-076-0005.