§ 24-7-704 - Disability retirement.
24-7-704. Disability retirement.
(a) (1) (A) Except as provided under subdivision (a)(1)(B) of this section, an active member in employer service with five (5) or more years of actual and reciprocal service who becomes totally and permanently physically or mentally incapacitated for his or her job duties as the result of a personal injury or disease may be retired by the Board of Trustees of the Arkansas Teacher Retirement System upon approval of a written application filed with the Arkansas Teacher Retirement System.
(B) An active member who has met the eligibility requirement of subdivision (a)(1)(A) of this section shall meet the termination of covered employment requirements under 24-7-502 to be eligible for disability retirement benefits.
(C) The member may be retired if a review of the member's application and accompanying documentation is conducted by the medical committee and the medical committee reports to the board by majority opinion in writing that:
(i) The member is physically or mentally incapacitated;
(ii) The member is unable to perform his or her current work duties;
(iii) The incapacity will most likely be permanent; and
(iv) The member should be retired.
(2) The disability retirement shall be effective the calendar month following the member's termination of active membership.
(b) Upon disability retirement as provided in subsection (a) of this section, a member shall receive an annuity provided for in 24-7-705 and shall have the right to elect an option provided for in 24-7-706. His or her disability retirement shall be subject to the provisions of subsections (c) and (d) of this section and to the provisions of 24-7-708.
(c) (1) At least one (1) time each year during the first five (5) years following a member's retirement on account of disability, and at least one (1) time in each three-year period thereafter, the board may require any disability retirant who has not attained sixty (60) years of age to undergo a medical examination to be made by or under the direction of the medical committee.
(2) If the retirant refuses to submit to the medical examination in any period, his or her disability annuity may be suspended by the board until his or her withdrawal of his or her refusal.
(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.
(4) If upon the medical examination of the retirant the medical committee reports to the board that the retirant is physically and mentally able and capable of resuming his or her duty in the position held by him or her at the time of disability retirement, then his or her disability retirement shall terminate.
(5) (A) If a disability retirant returns to covered employment before attaining sixty (60) years of age, his or her disability retirement shall terminate.
(B) If a disability retirant returns to covered employment after attaining sixty (60) years of age and is otherwise eligible for retirement under 24-7-707, the retirant shall be treated as if he or she retired under 24-7-701.
(6) (A) If a disability retirant under sixty (60) years of age returns to covered employment, he or she shall immediately again become an active member of the system, and his or her credited service at the time of his or her disability retirement shall be restored to his or her credit in the members' deposit account.
(B) The retirant's disability retirement and his or her accumulated contributions shall be treated as if he or she had returned to service on the date of the full-time employment.
(7) A disability retirant shall not be given service credit for the period he or she was receiving a disability retirement annuity.