(1) If the board determines that a member, who is otherwise eligible to apply for disability retirement benefits under section 31-31-803, is required to terminate the member's regular employment due to a total disability, as defined in section 31-31-801 (4), that is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of the member's employment, the member is eligible for a disability benefit in an amount provided for in section 31-31-803 (1).
If the board determines that a member who is otherwise eligible to apply for disability retirement benefits under section 31-31-803 is required to terminate the member's regular employment due to an occupational disability, a temporary occupational disability, or a permanent occupational disability that, regardless of the type of occupational disability, is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of the member's employment, the member is eligible for a disability benefit in an amount provided for in section 31-31-803.
The board shall promulgate rules that specify standards for determining whether amember's disability is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of employment and that establish procedures for making such determination.
(a) The board shall promulgate rules that specify the method of reviewing existing disability retirement awards to determine whether a member's total disability or occupational disability is the result of an injury received while performing official duties or an occupational disease arising out of and in the course of the member's employment and that establish procedures for making such determination, including the appointment of hearing officers to conduct hearings.
The determinations made by the board pursuant to this subsection (4) shall be madesolely on the basis of the medical evidence that was previously submitted in connection with the member's application for disability retirement benefits and other relevant evidence that is contemporaneous in time with the termination of the member's employment.
Any decision made by the board to change a member's existing disability retirementaward to an on-duty disability retirement benefit under this section shall operate on a prospective basis from the date of the board's decision.
Source: L. 96: Entire section added, p. 315, § 3, effective August 7. L. 97: (2) amended, p. 198, § 4, effective August 6. L. 2002: (2) amended, p. 181, § 9, effective October 1. L. 2009:
(2) amended, (SB 09-017), ch. 53, p. 192, § 6, effective March 25.