CHAPTER 49
SB 390-FN - FINAL VERSION
2016 SESSION
\t16-2857
\t10/09
SENATE BILL\t390-FN
AN ACT\trelative to the procedure in retirement system hearings concerning qualification for disability retirement benefits.
SPONSORS:\tSen. Feltes, Dist 15; Sen. Soucy, Dist 18
COMMITTEE:\tExecutive Departments And Administration
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ANALYSIS
\tThis bill allows the board of trustees of the retirement system to designate a presiding officer in hearings to determine if a member qualifies for ordinary or accidental disability benefits.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2857
\t10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the procedure in retirement system hearings concerning qualification for disability retirement benefits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t49:1 Retirement System; Disability Retirement Benefits; Group I; Hearing. Amend RSA 100-A:6, I(c)(3) to read as follows:
\t\t\t\t(3) The member applying pursuant to subparagraph (c)(1) shall have the burden of proving causation before the board of trustees if the member enters into a lump sum settlement of an injury claim that was at any time denied by the employer or the employer's insurance carrier and not found compensable by final decision of the labor commissioner or the compensation appeals board after hearing pursuant to RSA 281-A:43. In the case of any lump sum settlement, the board of trustees shall require the member seeking disability retirement benefits to prove by a preponderance of the evidence the existence of a work-related injury of the type described in subparagraph (c)(1)(A)-(C), and also that the work-related injury naturally and proximately resulted in the member's total and permanent incapacity from duty.
\t\t\t\t(4) If the board of trustees is unable to grant ordinary or accidental disability retirement benefits after review of medical and factual information submitted by the member and by a physician designated by the board, then the member shall be entitled to a hearing before the board in order to determine whether the member qualifies for disability retirement benefits. The hearing before the board may be designated to a presiding officer. The presiding officer designated by the board shall not be the same person who made an initial disability determination and recommendation to the board based on the medical and factual information submitted by the member and physician as stated above.
\t49:2 Retirement System; Disability Retirement Benefits; Group II; Hearing. Amend RSA 100-A:6, II(c)(3) to read as follows:
\t\t\t\t(3) The member applying pursuant to subparagraph (c)(1) shall have the burden of proving causation before the board of trustees if the member enters into a lump sum settlement of an injury claim that was at any time denied by the employer or the employer's insurance carrier and not found compensable by final decision of the labor commissioner or the compensation appeals board after hearing pursuant to RSA 281-A:43. In the case of any lump sum settlement, the board of trustees shall require the member seeking disability retirement benefits to prove by a preponderance of the evidence the existence of a work-related injury of the type described in subparagraph (c)(1)(A)-(C), and also that the work-related injury naturally and proximately resulted in the member's total and permanent incapacity from duty.
\t\t\t\t(4) If the board of trustees is unable to grant ordinary or accidental disability retirement benefits after review of medical and factual information submitted by the member and by a physician designated by the board, then the member shall be entitled to a hearing before the board in order to determine whether the member qualifies for disability retirement benefits. The hearing before the board may be designated to a presiding officer. The presiding officer designated by the board shall not be the same person who made an initial disability determination and recommendation to the board based on the medical and factual information submitted by the member and physician as stated above.
\t49:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 3, 2016
Effective Date: July 2, 2016