Conn. Agencies Regs. § 51-51k-10 - Disability retirement

(a) Disability retirement of persons governed by section 51-49 of the General Statutes may be considered by the Council upon application of the person seeking retirement, or upon its own motion.

(b) If the Council raises the issue of permanent incapacity of such person, it shall, within five business days of raising such issue, notify such person by registered or certified mail, return receipt requested, that it is investigating said issue.

(c) All such investigations and proceedings hereunder shall be confidential.

(d) Any such person being so investigated, whether on application or Council motion, shall furnish the Council with access to or authorization for access to any pertinent medical and physical records and reports relevant to incapacity and shall submit to any independent medical examination requested by the Council. A copy of the report of any independent medical examination shall be sent by registered or certified mail, return receipt requested, to the respondent within five business days of its receipt by the Council.

(e) Any medical records or reports generated or produced in such an investigation shall be maintained in a separate, locked file or file cabinet, accessible only by the executive director of the Council.

(f) A hearing to determine incapacity, which shall be closed to the public, shall be scheduled at a time and place to be determined by the Council, but only after reasonable notice to such person being investigated.

(g) Such notice shall contain the information that the person being investigated may attend the hearing, be represented by counsel, may elect to testify, may call witnesses, present evidence and may examine or cross examine witnesses.

(h) A record shall be made of the hearing.

(i) Any reporter or language interpreter present at the hearing shall be sworn as to confidentiality.

(j) After all evidence and arguments have been presented, the Council shall, in executive session, unless the person being investigated requests it be open, determine whether said person is so permanently incapacitated as to be unable to fulfill adequately the duties of his or her office, and should be retired or whether there is any reasonable accommodation which can be made for the incapacity so that said person can perform all the essential functions of his or her position.

Notes

Conn. Agencies Regs. § 51-51k-10

Effective December 28, 1994