S.D. Admin. R. 62:01:04:06

Current through Register Vol. 51, page 70, December 27, 2024

Section 62:01:04:06 - Medical examination of member receiving disability benefit - Refusal

The executive director may require a member receiving a disability benefit to undergo a medical examination at any time at the expense of the system. If the member refuses to submit to a medical examination within 30 days of receipt of written notice from the executive director, the one-year period outlined in SDCL 3-12C-809 begins to run and continues until the member withdraws the refusal. If the refusal continues for one year, the member forfeits all rights to the disability benefit. If the member agrees to submit to a medical examination, upon completion of the examination by a physician selected by the executive director, the physician shall provide to the executive director a complete report on the condition of the member. If the executive director finds that the member is no longer disabled, the executive director shall notify the member by certified mail and the payment of the disability benefit shall terminate pursuant to SDCL 3-12-103.1. A finding by the executive director is subject to appeal and review as a contested case.

S.D. Admin. R. 62:01:04:06

2 SDR 17, effective 9/9/1975; transferred from § 47:07:04:06, effective 7/1/1979; 6 SDR 87, effective 3/2/1980; 9 SDR 81, 9 SDR 124, effective 7/1/1983; 24 SDR 160, effective 5/24/1998; 33 SDR 212, effective 6/4/2007; 34 SDR 297, effective 6/2/2008; 45 SDR 142, effective 7/1/2019

General Authority: SDCL 3-12C-211.

Law Implemented: SDCL 3-12C-801, 3-12C-803, 3-12C-809.