Disability Pension Recall Procedure
As Amended Through October 12, 2006
A. PURPOSE
1. The Board of Trustees (" Board ") of the Dallas Police and Fire Pension System ("System") hereby adopts the following as its policy and procedure ("Policy") for the medical reexamination and recall of pensioners on disability retirement ("Pensioner"). This Policy is intended to establish a coordinated and documented means for considering disability recalls under the Combined Pension Plan (“Plan”).
2. Generally, disability recalls are made in accordance with the terms of Section 6.15 of the Pension Plan to the following Pensioners:
• Group A Pensioners who have less than 20 years of pension service;
• Group A Pensioners who have more than 20 years of pension service, but who are less than 55 years of age; and
• Group B Pensioners who are less than 50 years of age.
3. The Board intends that this Policy will clarify the requirements for a disability recall, the rights and responsibilities of the Member and the role of the Staff and Board in the disability pension recall process. The System's Administrator will adopt formal and/or info rmal procedures that will not conflict with this Board Policy to facilitate the disability recall process.
B. FREQUENCY OF RECALLS
The Board will designate the initial recall period at the time the disability pension is granted. Subsequent recalls will be made in accordance with instructions given by the Board . Generally, the interval will not be more often than once in a 6 month period. If the Board has reason to believe the disability has been removed or if the Pensioner requests to be allowed to return to duty, this 6 month rule shall not apply.
C. PHYSICIAN
For purposes of this Policy, the term “physician” means a licensed medical doctor or doctor of osteopathic medicine.
D. BOARD MEETING PROCEDURES
1. Unless the Pensioner requests otherwise, any testimony or discussion regarding the Pensioner's medical condition will be held in a session that is closed to the public. The Board will render in open session its determination concerning the Pensioner's recall. The medical records related to the disability pension will be kept confidential pursuant to federal law.
2. The Pensioner may attend all portions of the Board meeting dealing with his or her benefits in person or through a representative. The Pensioner, or the Pensioner's representative, may be accompanied by legal counsel or any other person desired.
3. The Board may require the Pensioner and any persons who can provide info rmation regarding the Pensioner's disability to be present during consideration of the Pensioner's recall.
4. T he Board , in its sole discretion, may subpoena witnesses (physicians, co-workers, supervisors, or anyone else who can provide useful info rmation).
5. The Pensioner, or the Pensioner's representative, may present evidence that might bear on the Pensioner's entitlement for disability benefits, including testimonial evidence given under oath by any person with knowledge of facts of the situation.
6. The Pensioner may ask the Pension Office to call any person who may have knowledge of the facts of the disability to appear before the Board . Upon receiving such request, the Pension Office will attempt to call the person(s) to appear before the Board . The Pensioner's request must be in writing and should be received by the Pension Office at least 10 working days before the scheduled meeting. Receipt of a request less than 10 days before the meeting may require an additional postponement of the Pensioner's hearing. If a person who may have relevant info rmation is not in attendance the Board may, if it sees fit, attempt to contact that person by speaker telephone during the course of the hearing. Any communication about the matter must be clearly audible to those in attendance.
7. Witnesses, whether called by the board or requested by the Member, may be questioned under oath.
8. When reconsidering eligibility for disability benefits, the Board may decide that additional info rmation on some subject relating to the disability status is desirable. If so, then it may defer action until a subsequent meeting.
E. THE BOARD'S DECISION
1. The Board will make its decision whether to continue the disability retirement or require the Pensioner to return to active service in accordance with this Policy and the requirements of Section 6.15 of the Plan.
a. The Board shall have the sole and absolute duty to be the final “finder of fact”. The Board will take into account and evaluate the claim of the Pension, any reports as to any injury or illness, as well as the evidence in reports submitted by the System's private investigator, the Pensioner's attending physician, the City's Medical Officer and/or the independent physician and any other medical providers, and any other witnesses who present evidence or testimony at the Board meeting.
b. As the finder of fact, the Board will determine the weight to give to any reports or testimony using the same considerations that they apply in everyday life when questions of truth and credibility arise. The Board will, for example, consider any possible bias or prejudice a witness may have, his or her interest, or lack of interest in the outcome of the hearing, if relevant to any event or conduct, the person's ability to observe facts correctly, and to remember and relate them truly and accurately. No relevant fact shall be determined merely by the number of witnesses testifying for or against the fact. It shall be the quality, rather than the quantity, of testimony that controls. Whether to believe all, some or none of a witness' testimony is for the Board alone to decide, using each Board member's knowledge of and experience with human nature.
2. The Board 's written decision regarding the Pensioner's recall will be provided to the Pensioner within 10 working days of the meeting in which the decision was made.
F. RECONSIDERATION OF A BOARD DECISION
1. The Board will reconsider its decision to discontinue a Pensioner's disability retirement if, within 90 days of Board 's decision, the Board receives a written request from the Pensioner along with additional medical evidence that directly relates to medical info rmation previously considered by the Board .
2. A Pensioner's request for reconsideration of a disability recall meeting the above criteria will be presented at a regularly scheduled Board meeting as soon as is reasonably possible.
G. APPEAL OF THE BOARD'S DECISION
A Pensioner may seek to appeal the decision of the Board in the Dallas County District Court in accordance with the provisions of Sections 6.18(b) and (c) of the Plan.
H. BOARD SUSPENSION AND TERMINATION OF BENEFITS
1. If the System receives credible info rmation that a disability Pensioner is engaging in activities that are inconsistent with the statements made by or on behalf of that person or are inconsistent with payment of disability benefits, the Administrator will advise the Board Chairman of the info rmation. Then, unless instructed by the Chairman to first present the issue to the Board at a Board meeting, the Administrator will engage the services of a private investigative service. The private investigative service is authorized to investigate the accuracy of the info rmation received by the Board . Any such investigation shall be conducted with reasonable regard for the Pensioner's dignity, shall not be in violation of law and any report shall be written in a thorough, proper and dignified manner. No activity on the disability pension or payment will take place pending consideration by the Board of the report of the private investigative service.
2. Any investigator who makes a report to the Board may be called upon to testify under oath and may be examined at such time by the Board , the Pensioner, and the Pensioner's representative.
3. If a Pensioner refuses to cooperate or otherwise takes action which leads the Administrator to conclude that the Pensioner may be ineligible for continued benefits, the Administrator shall place the Pensioner's name on the next Board agenda for possible suspension of benefits. The Board may, if it deems it appropriate, suspend payment of monthly benefits until any matters clouding the right to benefits are resolved. Upon completion of any necessary investigation, the Pensioner will be notified of the date of the hearing at which the right to benefits will be determined. After a hearing, including, among other things, an opportunity for the Pensioner to respond to any reports, analysis and testimony, the Board will make a determination as to the Pensioner's eligibility for continued benefits. The effective date of the Board 's decision will be the date of the earlier suspension of benefits.
4. Timing for notice of the Board 's action and rights to appeal will be dated from the meeting at which the decision is actually made.
I. OTHER GUIDELINES
1. The reasonable costs for medical re-examinations and completion of forms by the Pensioner's Attending Physician, as well as other authorized medical examinations and other costs associated with the recall will be paid for by the System.
2. The Pensioner's failure to appear for any reason without good cause shown shall not prevent the Board from considering the matter and entering a final decision based upon all the evidence presented.
3. If the Board determines that the Pensioner can return to his or her former Department and normal or sedentary job duties are available to the Pensioner, the Pension Office will send a letter to the City of Dallas Civil Service Board requesting that the Pensioner be placed on a special Civil Service certification list. A copy of the letter, as well as the Civil Service certification, will be sent to the Chief of the Pensioner's former Department by the Pension Office with the request that it be placed on a list for the next position opening. Should a position for the Pensioner become available, the Chief (or the Chief's designee) will notify the Pension Office in writing.
4. Unless otherwise stated in this Policy, a Pensioner's disability pension will continue to be paid until the date before the Pensioner returns to the active payroll of his former Department.
5. If after a reasonable probationary period, the Pensioner cannot perform the job duties of the offered position, the Pensioner's Department will notify the Board through the Pension Office. If requested, the Board will consider the possible reinstatement of the Pensioner's disability benefits.
6. The Board may require future medical examinations and recalls. As a general rule, it will not require examinations or recalls more frequently than once in every 6 months.