| (a) Under §854.409 of the Act, the system may
determine when to require an occupational disability retiree under §854.407
of the Act (a "disability retiree") younger than 60 years of age to
undergo a medical examination and provide current medical and other
relevant information reaffirming the status of the disability retiree
as meeting the requirements for certification of occupational disability
under §854.407(b) of the Act.
(b) The medical board or system may designate a physician,
or type of specialized physician, required to perform the examination.
(c) Other relevant information that may be requested
by the system from the disability retiree may include, but is not
limited to, financial and employment information.
(d) Death of Disability Retiree Under Suspension.
(1) In the event that a disability retiree whose occupational
disability annuity has been suspended pursuant to §854.409 of
the Act, dies without having submitted to a medical examination and
provided the requested information:
(A) if the disability retiree dies before the fourth
anniversary of the date the system requested the medical examination
or information, then the system shall unsuspend the annuity and pay
the suspended payments of the occupational disability annuity in a
lump sum to the disability retiree's beneficiary(ies); but
(B) if the disability retiree dies after the fourth
anniversary of the date the system requested the medical examination
or information, then the system shall unsuspend the annuity, but the
suspended annuity payments shall be forfeited and shall not be paid
to the disability retiree's beneficiary(ies).
(2) The system may request appropriate information
from such beneficiary(ies) prior to unsuspending the annuity or paying
the lump sum amounts. Whether any further annuity payments are due
after the disability retiree's death will be determined by the terms
of the occupational disability annuity option selected by the disability
retiree at the time of retirement. If any further annuity payments
are due, unsuspension of the occupational disability retirement annuity
after the death of a disability retiree pursuant to this subsection
shall occur the month after month in which the disability retiree
dies.
(e) If the retiree desires to contest the system's
action in suspending an occupational disability retirement annuity
pursuant to §854.409(e), the retiree may obtain a hearing of
the issue as a "contested case" pursuant to the Administrative Procedure
Act (Chapter 2001, Government Code) and these rules, by filing with
the director a written "request for hearing of suspension of benefit"
within 30 days after the date of the director's letter of notification
of suspension. If the request for a contested case hearing is timely
filed, the contested case shall be docketed, heard, and disposed of
in accordance with §§121.12-121.25 of this title. If no
request for contested case hearing is filed within the 30 day period
provided in this paragraph, the action of the system in suspending
an occupational disability retirement annuity shall be final and unappealable.
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