(a) The medical advisors, after an examination of the medical records of such member, shall certify, and the board of trustees shall find, that the member is disabled and should be retired.

Terms Used In Tennessee Code 8-36-504

  • 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
  • Medical advisors: means the physicians, companies, or organizations provided for in part 4 of this chapter. See Tennessee Code 8-34-101
  • 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
(b)

(1) In making the disability determination, primary consideration is given to the severity of the individual’s impairment.
(2) When medical considerations alone are not determinative of the issue of disability, consideration shall also be given to vocational factors.
(3) Where vocational factors indicate the individual is capable of retraining for other employment within a twelve-month period, the individual shall not be considered disabled.
(4) Vocational factors shall take into consideration the individual’s age, education, training and work experience.
(c)

(1) Except as provided in subdivision (c)(3), the board of trustees may, at its discretion, accept a disability medical determination from the social security administration in lieu of referring the matter to the medical advisors for certification.
(2) Any member retired by the board of trustees on a disability retirement allowance pursuant to this subsection (c) shall not be relieved from §§ 8-36-506 – 8-36-508.
(3) This subsection (c) shall only apply to determinations of disability made pursuant to 20 C.F.R. § 404.902 and 20 C.F.R. § 404.920 as in effect on January 19, 2005.
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