24-5-113. Eligibility for benefits — Disability retirement — Definition.

24-5-113. Eligibility for benefits — Disability retirement — Definition. (a) A member shall be eligible for disability retirement benefits after five (5) or more years of creditable service in the Arkansas State Highway and Transportation Department or the Arkansas Department of Transportation, but no member shall be eligible to receive benefits for a disability incurred prior to his or her becoming a member of the Arkansas State Highway Employees' Retirement System. (b) No member may be retired on account of disability until conclusive evidence, based on a proper medical examination, has been submitted to the Board of Trustees of the Arkansas State Highway Employees' Retirement System that the member is disabled to the extent that he or she can no longer perform his or her assigned duties. (c) A member who is retired because of disability shall be required to undergo periodic medical examinations at the discretion of the board. (d) If and when a medical examination shows that the disability has been removed, disability retirement benefits shall cease. (e) A disability allowance shall not be granted unless there is conclusive evidence that the disability will be permanent or of long duration. (f)(1) If a disability retirant secures employment with an employer not considered a state employer, as defined by § 24-2-401, for the purpose of determining whether he or she is capable of returning to employment, then the disability retirant shall be allowed to earn compensation from the employment for a period of time not to exceed nine (9) months, during which period of time the retirant shall receive no monthly benefits from the system. (2) If the retirant becomes unable to continue his or her employment before the nine-month period expires, then his or her disability retirement benefits from the system shall be reinstated and be effective the first day of the month after terminating employment. (3) Only one (1) trial work period is allowed any disability retirant, but the nine (9) months need not be consecutive. (4) The trial work period does not prevent the consideration of any medical evidence which may demonstrate recovery before the ninth month of trial work. (5)(A) If, at the end of the nine-month trial work period, the retirant wishes to continue his or her employment outside the system, then the disability retirement status shall terminate. (B) For the purpose of determining eligibility for any other benefit, the retirant shall be considered to have terminated active membership as of the time of disability retirement but for a reason other than disability or death. (6)(A) If the former disability retirant again becomes an employee of a state employer as defined by § 24-2-401, he or she shall immediately again become a member of the system, and his or her credited service at the time of disability retirement shall be restored. (B) The amount of the accumulated contributions at the time of his or her disability retirement shall be restored to the member's deposit account, but in no event shall he or she be given service credit for the period he or she was in receipt of his or her disability annuity. (g) As used in this section, “suitable job or position” means a job or position the requirements of which can be physically or mentally performed, as determined by a physician, and for which the remuneration would be substantially gainful, as defined by the Social Security Administration as the maximum amount that a person under sixty-five (65) years of age may earn. (h)(1) At least one (1) time each year, the board may require any disability retirant to submit a form attesting to his or her current work status. (2) If such a retirant refuses to submit the form, his or her disability annuity may be suspended by the board until the form is properly submitted to the board. (3) If his or her refusal continues for one (1) year, all his or her rights in and to a disability annuity may be revoked by the board.