Tennessee Code 17-525 – Disability – Definition – Requirements
Disability means a physical or mental condition of a member which has persisted for six (6) months, which is likely to be permanent, and which has rendered him incapable of further performance of his duties; provided, however, that the event or illness which is deemed by the board to have resulted in the disability had its origin during the time the member was an actively employed judge. Loss of both hands by severance at or above the wrists, or both feet at or above the ankles, or the complete irrecoverable loss of the sight of both eyes, shall conclusively determine disability. Notwithstanding any provision of this section to the contrary, disability as defined in this section shall not include a physical or mental condition which results directly or indirectly from:
Terms Used In Tennessee Code 17-525
- board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
- disabled: 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 last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
- Employer: means :
(A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
- Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
- Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
- Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
The retirement board shall have exclusive authority to determine the existence of disability. The board, in its sole discretion, may secure such medical and other evidence as it deems necessary and appropriate. Once each calendar year, the board may require any retired member who is receiving a disability benefit and who has not reached his normal retirement date to undergo a medical examination by a physician or physicians designated by the board, and such examination shall be made at the place of residence of such retired member or at any other place the retirement board designates. If a retired member refuses to submit to such medical examination, his disability benefit shall be discontinued until he shall actually undergo such medical examination; and if he fails to undergo such medical examination for one (1) year from the date the retirement board requests such medical examination, his disability benefit shall be discontinued permanently. If the board determines that he is no longer disabled, his disability benefit shall be discontinued as of the date of such determination; provided, however, that if the retired member reapplies for disability benefits and the board determines that disability exists, payment of his disability benefit shall resume as of the date of such determination that disability exists. If the disability benefit of a retired member is discontinued permanently prior to his normal retirement date and he is reemployed as a judge by the employer within six (6) months following the date his disability ceases, his credited service shall not be deemed to have been interrupted, but shall not include any time during which he was not an employee.