[Adopted 11-27-1990 by Res. No. 90-94; amended in its entirety 2-11-1997 by Res. No.
97-12]
The purpose of this Disability Pension Plan is to establish
and set forth administrative procedures for disability retirement
income claims which may arise under the Charles County Sheriff's
Office Retirement Plan as amended and restated effective July 1, 1995.
As such, this Disability Pension Plan is intended as a supplement
to the Sheriff's Office Retirement Plan. All terms and provisions
of the Sheriff's Office Retirement Plan are hereby incorporated
by reference into this Disability Pension Plan. In the event of any
conflict between the terms and provisions of this Disability Pension
Plan and the terms and provisions of the Sheriff's Office Retirement
Plan, the terms and provisions of the Sheriff's Office Retirement
Plan shall control.
The definitions set forth in the Sheriff's Office Retirement
Plan are hereby incorporated by reference herein.
A qualified person under contract with the County Commissioners
to review and evaluate medical and other relevant documents submitted
pursuant to a claim for disability retirement income and to make recommendations
thereon to the Disability Review Board regarding the percentage rating
of any disability.
A.
A Disability Review Board is hereby established to hear and decide
all claims for disability retirement income for an employee under
this Plan.
B.
The Disability Review Board will consist of nine members in the following
representative capacities:
C.
The two sworn employees shall be appointed by the Sheriff. All other
members shall be appointed by the County Commissioners.
D.
One of the two sworn employee members must be equal to or below the
rank of the employee who is the subject of a proceeding before the
Board. The Sheriff shall rotate the sworn employee members as necessary
to fulfill this requirement.
E.
The Chairperson of the Disability Review Board will be selected by
the County Commissioners.
F.
The County Commissioners shall appoint an additional Attorney and
an additional Doctor (General Practice) as alternate members of the
Disability Review Board for emergency situations.
G.
All Disability Review Board members shall serve at the pleasure of
their respective appointing authorities. The members' terms of
appointment shall be for four years, but not to exceed two full terms.
In order to provide annual rotating appointments for the members representative
of the capacities of Attorney, Doctor (General Practice), and two
County citizens, the County Commissioners may appoint such members
on a staggered basis for terms of less than four years.
An employee may apply in writing to the Sheriff for Disability
Retirement under the Sheriff's Office Retirement Plan (an "Employee
Application"), or the Sheriff may apply in writing to the Disability
Review Board recommending Disability Retirement under the Sheriff's
Office Retirement Plan for an employee (a "Sheriff Application").
A.
Employee applications.
(1)
An employee application must contain the following information:
(a)
A statement that the employee is seeking disability retirement
under the Plan;
(b)
A description of the disability, the nature of the injury underlying
the claim of disability, and the date or dates on which the injury
was incurred;
(c)
Whether the disability was incurred in the line of duty;
(d)
Any preliminary or final findings of the Worker's Compensation
Commission relating to the claim of disability;
(e)
A complete medical evaluation report prepared by a licensed
medical practitioner, including all examination reports, test results,
and all other supporting empirical data, containing a description
and recommendation of disability in accordance with established guidelines
recognized by the American Medical Association, Insurance Industry
and/or the Worker's Compensation Commission; and
(f)
A statement that the employee consents to the disclosure of
relevant personal medical records and to further medical review as
may be deemed necessary by the Sheriff and the Plan's Medical
Evaluator.
(2)
Upon receipt of a complete application, the Sheriff shall forward
the entire application, with all attached documents and materials,
to the Medical Evaluator for review.
(3)
The Medical Evaluator, utilizing established guidelines recognized
by the American Medical Association, Insurance Industry and/or the
Worker's Compensation Commission, shall independently review
and evaluate the employee application and prepare a written recommendation
of disability. The Medical Evaluator may, if deemed necessary to make
a reasoned recommendation of disability, request the submission of
such additional medical data from the employee as required. All required
additional medical data must be obtained and provided by the employee
at the employee's sole cost and expense.
(4)
The Medical Evaluator shall submit the final report to the Sheriff,
who will promptly forward copies of the report to the employee and
to the Disability Review Board for a hearing date to be scheduled.
(5)
The employee may withdraw the employee application at any time prior
to the final written Decision and Order of the Disability Review Board.
B.
Sheriff applications.
(1)
A Sheriff Application must contain the following information:
(a)
A statement that the Sheriff is seeking the disability retirement
of an employee, that the employee has been given written notice of
this intent, and whether the employee consents to or disputes the
Sheriff Application;
(e)
The information required in Subsection A(1)(e) above, except that the Sheriff shall order that the necessary medical examinations and tests be performed by a designated licensed medical practitioner and all costs incurred to compile the information required in this Subsection B(1)(e) shall be borne by the Sheriff; and
(f)
Any medical or other information submitted by the employee which
the employee contends is relevant and material to the application.
(2)
(Reserved)
(3)
(Reserved)
(5)
The Sheriff may withdraw the Sheriff Application at any time prior
to the final written Decision and Order of the Disability Review Board.
A.
Upon receipt of an application which includes the final report of
the Medical Evaluator, the Disability Review Board will serve notice
on the employee and the Sheriff informing them of the date, time and
location of the disability hearing and informing them that they may
be represented by legal counsel at this hearing.
B.
A hearing will be scheduled within 60 days of issuance of the notice described in Subsection A above, unless all parties agree to some other time period for the hearing.
C.
The Disability Review Board will conduct a hearing at which witnesses
may be called to testify, testimony may be presented, witnesses may
be cross-examined, and all medical and other evidence provided by
the employee and the Sheriff will be reviewed. The hearing will be
recorded and all exhibits received by the Board maintained in the
Board's record of the hearing.
D.
Upon the close of the hearing, the Disability Review Board shall
make the following determinations:
(1)
The extent of the disability;
(2)
Whether the disability was incurred in the performance of duty;
(3)
Whether the disability permanently prohibits the employee from further
performing the duties required for the employee's position;
(4)
Whether the disability permanently prohibits the employee from all
gainful employment in any occupation;
(5)
The appropriate and applicable disability benefits, if any, payable
by the Plan.
E.
A final decision and order of the Disability Review Board will be
prepared and signed within 30 days from the date of the final hearing.
The decision and order will set forth:
(1)
The required determinations of the Board;
(2)
Whether and what disability benefits are payable under the Plan;
(3)
The date disability benefits will commence in accordance with the
Plan;
(4)
How often and how long the employee will be required to submit future
supplemental information to the Board; and
(5)
Additional information regarding the responsibilities and obligations
of the employee.
F.
The Decision and Order of the Disability Review Board may be appealed,
on the record, as an administrative appeal pursuant to Rule 7.201
et seq. of the Maryland Rules of Procedure.
A.
The Disability Review Board will submit an annual report to the County
Commissioners and the Sheriff providing the status of each individual
receiving a disability annuity and any pending applications.
B.
Each annuitant shall be required to inform the Disability Review
Board of the annuitant's recovery from disability or other material
change in circumstances which affects the annuitant's entitlement
to continued payments under the Plan.
C.
Monitoring of continued annuitant entitlements shall be performed
by the Inspectional Services Division of the Office of the Sheriff.
The Division will annually mail verification documentation forms to
annuitants which will require the following information from each
annuitant:
D.
The Disability Review Board may require an annuitant to appear before
the Board for a reevaluation of disability status if the need for
such reevaluation is indicated from the verification documentation
annually submitted.
E.
Any annuitant who fails or refuses to provide the annual verification
documentation shall be served with written notice that failure to
fully respond within 30 days from receipt of that notice will result
in the suspension or termination of disability payments. If the verification
documentation is not provided in 30 days, then the matter will be
forwarded to the Disability Review Board. The Board may:
(1)
Suspend further payments until the annuitant can be recalled for
a reevaluation hearing; or
(2)
After confirming that the annuitant actually received notice of the
required response and sanction for failing to respond, and upon a
finding by the Board that the annuitant is knowingly failing or refusing
to respond, terminate payments under the Plan.
F.
Investigations may be conducted from time to time by the Sheriff
or the County Attorney to verify reported information or to uncover
possible evidence of deception or fraud regarding any claim for disability
retirement income or continuing entitlement to such income. Evidence
of possible criminal acts shall be reported to the Board for referral
to the State's Attorney for further investigation and prosecution.
This Plan as amended and restated shall be effective as of July
1, 1995.
