# Title 82 — Board of Trustees of the Teachers' Fund for Retirement

## Article 82-07 — Disability Benefits

## Chapter 82-07-01 — Disability Retirement Eligibility

### § 82-07-01-01. Definitions.

The following definitions govern the determination of disability benefits under the fund:
1. "Medical examination" means an examination conducted by a licensed medical provider or a
psychologist that includes a diagnosis of the disability, the treatment being provided for the
disability, the prognosis and classification of the disability, and a statement indicating how the
disability prevents the individual from performing the duties of a teacher.
2. "Permanent and total disability" means the inability to engage in any substantial gainful activity
by reason of any medically determinable physical or mental impairment which can be
expected to result in death or has lasted or can be expected to last for a continuous period of
not less than twelve months and results in the individual's inability to perform the duties of a
teacher.
3. "Temporary disability" means a condition of "total disability" that is expected to last at least
twelve months, but is not considered permanent.
History: Effective September 1, 1990; amended effective May 1, 1998; July 1, 2008; April 1, 2024.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-18
### § 82-07-01-02. (Effective through June 30, 2013) Disability retirement eligibility.

A member, with at least one year of service credit, who has a "total disability" is eligible for disability
retirement benefits if the member became totally disabled while employed as a teacher and otherwise
complies with the requirements of article 82-07.
(Effective after June 30, 2013) Disability retirement eligibility. A member, with at least five years
of service credit, who has a "total disability" is eligible for disability retirement benefits if the member
became totally disabled while employed as a teacher and otherwise complies with the requirements of
article 82-07.
History: Effective September 1, 1990; amended effective May 1, 1998; July 1, 2012.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-18
### § 82-07-01-03. Determination of disability - Procedures.

The following procedures govern the determination of disability benefits under the fund:

1. Application process.
a. Application for disability benefits must be made within thirty-six months from the last date
of covered employment on the form provided by the fund. On a case-by-case basis, the
board may extend the thirty-six month period.
b. If the fund member is unable or unwilling to file an application, the member's employer or
legal representative may file the member's disability application.
c. The application must describe the disability, explain the cause of the disability, the
limitations caused by the disability, the treatment being followed, the efforts by the
employer and the member to implement reasonable accommodations, and the effect of
the disability on the individual's ability to perform as a teacher.
d. The employer's statement of disability must provide information about the member's sick
leave benefits, explain how the disability affects the performance of the teaching duties,
include a detailed listing of job duties, and describe efforts to provide reasonable
accommodation for the member.
2. Medical examination process.
a. The applicant for disability retirement must provide the fund with medical examination
reports.
b. An initial medical examination should be completed by the member's medical provider on
the medical examination form provided by the fund. If deemed necessary by the fund's
medical consultant, an additional examination must be completed by a specialist in the
disability involved. Available medical or hospital reports may be accepted in lieu of a
medical examination report if deemed acceptable by the fund's medical consultant.
c. The fund is not liable for any costs incurred by the applicant in undergoing medical
examinations and completing and submitting the necessary medical examination reports,
medical reports, and hospital reports.
d. A medical examination report is not necessary if the applicant provides written proof
documenting eligibility for disability benefits under the Social Security Act. In such cases,
the applicant is eligible for disability benefits under North Dakota Century Code section
recertification requirements specified in this chapter.
3. Medical consultant review.
a. The fund shall retain a medical provider to act as its consultant and evaluate and make
recommendations on disability retirement applications.
b. The medical consultant shall review all medical information provided by the applicant.
c. The medical consultant shall advise the board regarding the medical diagnosis and
whether the condition is a "permanent and total disability" or "temporary disability".
4. Decision.
a. The board shall consider applications for disability retirement at regularly scheduled
board meetings. The discussion concerning disability applications must be confidential
and closed to the general public.
b. The applicant must be notified of the time and date of the meeting and may attend or be
represented.

c. The executive director or designee shall provide to the board for its consideration a case
history brief that includes membership history, medical examination summary, and the
medical consultant's conclusions and recommendations.
d. The board shall make the determination for eligibility at the meeting unless additional
evidence or information is needed.
e. The executive director or designee may make an interim determination concerning
eligibility for disability retirement benefits when the medical consultant's report verifies
that a permanent and total or temporary disability exists. However, the board must review
the interim determination and make a final determination at its next regularly scheduled
board meeting unless additional evidence or information is needed.
f. The applicant shall be notified in writing of the decision.
g. If the applicant is determined to be eligible for disability benefits, the disability annuity is
payable on, or retroactive to, the first day of the month following the member's last day of
paid employment.
h. If the applicant is determined not to be eligible for disability benefits, the executive
director or designee shall advise the applicant of the appeal procedure.
5. Redetermination and recertification.
a. A disabled annuitant is subject to redetermination and recertification to maintain eligibility.
The schedule for redetermination and recertification must be as follows:
(1) Temporary disability. Following the first anniversary date of disability retirement, and
every two years thereafter (unless normal retirement is reached). No further
recertification is required after the fourth recertification of temporary disability has
been filed and accepted. Basis recovery will begin when the member reaches
normal retirement age.
(2) Permanent and total disability. Following the second anniversary date of disability
retirement, and five years thereafter unless normal retirement is reached. No further
recertification is required after the second recertification of permanent disability has
been filed and accepted. Basis recovery will begin when the member reaches
normal retirement age.
b. The fund may require additional recertifications, or waive the necessity for a
recertification, if the facts warrant this action.
When a member who is drawing disability benefits is also eligible for normal retirement
benefits at the time disability benefits commence, recertification will cease according to
the following schedule:
Before age 60 Age 65
At or after age 60, before age 65 5 years
At or after age 65, before age 69 Age 70
At or after age 69 1 year
Basis recovery will also begin according to the above schedule.
c. The fund will send a recertification form to the disabled annuitant to be completed and
sent back to the fund.

d. The fund may require the disabled annuitant to be reexamined by a medical provider at
the annuitant's own expense. The submission of medical reports by the member, and the
review of those reports by the fund's medical consultant, may satisfy the reexamination
requirement.
e. The executive director must make the redetermination and recertification decision and
bring the matter to the board only if warranted. The disability annuitant may appeal an
adverse recertification decision to the board in the same manner as the initial
determination.
f. If it is determined that the disability annuitant was not eligible for benefits during any time
period when benefits were provided, the executive director may do all things necessary
to recover the erroneously paid benefits.
History: Effective September 1, 1990; amended effective April 1, 1994; May 1, 1998; May 1, 2000;
July 1, 2012; April 1, 2024.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-18
