§ 9-3. Distributable events – Disability.

(a) "SSA determination of disability" defined.

"SSA determination of disability" means a written determination, made by a Social Security Administration's disability determination service, hearing officer, or administrative law judge, that a member is disabled under the federal Social Security Act.

(b) In general.

If a member terminates employment as a result of a disability incurred while an employee and provides the Board of Trustees with the SSA determination of disability required by subsection (c) of this section, the member is entitled to receive the value of the member's:

(1) if applicable, Mandatory Employee Contribution Sub-Account;

(2) Employer Contribution Sub-Account (determined as of the date the member terminated employment); and

(3) if applicable, Rollover Contribution Sub-Account.

(1) A member who seeks to receive a distribution of his or her Employer Contribution Sub-Account as a result of a disability must provide the Board of Trustees, in accordance with procedures established by the Board, with an SSA determination of disability no later than 36 months after the member's termination.

(2) If a determination of disability is not provided by that deadline:

(i) the member is not eligible to receive the distribution as a result of a disability; but

(ii) the member might still be eligible for a distribution of that sub-account under§ 9-2 {"Distributable events – Retirement"} or § 9-5 {"Distributable events – Other termination of employment"} of this subtitle.

(d) Board's administrative determination.

The final determination of whether a member is eligible to receive a distribution of the member's Employer Contribution Sub-Account as a result of a disability:

(1) is made by the Board of Trustees; and

(2) is final and binding on all persons, subject to the rights of appeal and review under § 2-17 {"Administrative appeal"} and § 2-18 {"Judicial and appellate review"} of this article.