Section 10.15 - Restoration to Service(1) The examination of a member previously retired for disability shall consist of the following (a) If after an evaluation pursuant to M.G.L. c. 32, § 8 and 840 CMR 10.14 it is determined that a retired member is able to perform the essential duties of the position from which he or she retired or a similar job within the same department for which he or she is qualified without a medical or vocational rehabilitation program, or after the completion of a rehabilitation program as provided in 840 CMR 10.19, PERAC shall appoint a medical panel ofthree physicians to examine the member separately to determine the scope of the member's mental physical capabilities and whether the member is able to perform the essential duties of his or her job or the essential duties of a similar job within the same department given the member's condition.(b) The panel shall consist of a physician skilled in the particular branch of medicine or surgery that would encompass the condition for which the member retired and such other physicians as PERAC determines necessary to determine the scope of the member's capabilities and whether the member is able to perform the essential duties of his or her job or the essential duties of a similar job within the same department given the member's condition.(c) All proceedings related to the return to service examination including, but not limited to, notice of the return to service examination, medical tests to be performed thereat, attendance, rescheduling, confidentiality and certification of panel findings shall be done in accordance with and pursuant to 840 CMR 10.10, .11 and .14.(d)Re-evaluation of Retiree Able to Perform the Essential Duties of His or Her Position. When a retiree is found able to perform the essential duties of the position from which he or she retired, PERAC will notify the retiree, the retirement board, the employer, and the Commonwealth's Division of Human Resources. Some time may pass before a position becomes available and the retiree is actually restored to service. In the interim, a PERAC case manager and a physician selected by PERAC will monitor the retiree's medical status. Every six months, the retiree will be asked to complete and return a health questionnaire to PERAC. The retiree may also be re-evaluated by a comprehensive medical evaluation physician upon any significant change in his or her medical condition and before returning to work. The goal is to assess the retiree's medical readiness to return to work and to minimize the possibility of missing a retraining opportunity.(2)Restoration of a Member Who Was Retired for Disability to Active Service. In the event that a member who was retired for disability is found able to perform the essential duties of the position from which he or she retired pursuant to M.G.L. c. 32, § 8 and 840 CMR 10.15(1), the following shall occur: (a) If, within two years of the date that a member retired under M.G.L. c. 32, § 6 or 7, a medical panel convened pursuant to M.G.L. c. 32, § 8 unanimously finds that the member is able to perform the essential duties of the position from which he or she retired or so finds following completion of a rehabilitation program the member shall be returned to such position if it is vacant or a similar job within the same department for which he or she is qualified and his or her disability retirement shall be revoked. If such position is not vacant, the last person appointed to that rank or position shall be reduced in rank or position to create a vacancy and the person who was reduced in rank or position shall be placed at the top of the list to fill such rank or position for a two year period. The retirement board shall notify the member, the employer and the State Human Resources Division of the panel's determination. A copy of this notification shall be sent to PERAC.(b) If, after two years of the date that a member is retired under M.G.L. c. 32, § 6 or 7, a medical panel unanimously determines that the disability retiree is qualified for and able to perform the essential duties of the position from which he or she retired or a similar position within the same department, as determined by the State Human Resources Division, the member shall be returned to said position, provided the position is vacant. If a vacancy exists, the member shall be restored to active service in the position from which he or she retired. If no vacancy exists, the member shall be granted a preference for the next available position or similar position for which he or she is so qualified. The retirement board shall notify the member, the employer and the State Human Resources Division of the panel's determination. A copy of this notification shall be sent to PERAC.(c) If a retiree is found able to return to his or her position as provided in 840 CMR 10.15(2)(b), and if no vacancy exists in the same or in a similar position, the retiree shall continue to receive his or her retirement allowance until reinstatement takes place or until the member's pension is reduced or revoked as a result of the submission of earnings information under M.G.L. c. 32, § 91A.(d) If a member refuses to return to service or to file such information as the retirement board or PERAC shall require, the retirement board shall suspend his or her retirement allowance.(e) If any member is restored to active service, his or her retirement allowance shall cease and the individual shall again become a member in service and regular deductions shall again be taken from regular compensation.(f) Any creditable service in effect at the time of the member's retirement for disability shall thereupon be restored to full force and effect and, upon subsequent retirement, the member shall be entitled to a normal yearly allowance computed as though such disability retirement had not taken place. No additional contributions shall be required for receiving such creditable service. The amount of creditable service to be granted for the period during which the member received a disability retirement allowance shall be based on the average amount of creditable service earned by the member for the 24 months immediately preceding the last day for which the member received regular compensation.(g) The provisions of 840 CMR 10.14 and 10.15(2) shall not apply to any person who upon restoration to service would be classified in Group 3.(3)Restoration to Service of Sworn Members of the State Police. The restoration to service process for sworn members of the State Police is provided for in M.G.L. c. 32, § 26. Retirees who would be restored to positions of sworn State Police Officers are to be evaluated once each year during the first two years after retirement, once every three years thereafter, or at any time upon written request. Any retiree who has been retired for disability under the provisions of M.G.L. c. 32, §§ 6, 7, or 26 for more than ten years, and has during such time complied with the evaluation requirements, shall not be required to participate in any further evaluations. PERAC's comprehensive medical evaluation and restoration to service process may involve examinations by four physicians. A single physician may examine the retired State Police Officer in the comprehensive medical evaluation process and three physicians in the restoration to service process. Two of the three physicians in the restoration to service examination will be selected by PERAC and the third physician will be the State Police Surgeon. All physicians involved in the process must consider the Massachusetts State Police Officer's Medical Fitness Standards and Essential Task List, the Massachusetts State Police Academy Physical Fitness and Preparation Guide, and Physical Training Protocol when determining if a retire is able to meet all of the Massachusetts State Police requirements. If the retiree completes PERAC's restoration to service process and is unanimously found able to perform the essential duties of his or her job, the medical reports are forwarded to the member, the Retirement Board and the Colonel of the State Police. The Colonel of the State Police makes the final determination with regard to a retiree's restoration to service.
Amended by Mass Register Issue 1308, eff. 3/11/2016.