LD 1501
pg. 16
Page 15 of 20 PUBLIC Law Chapter 387 Page 17 of 20
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LR 1943
Item 1

 
4. Decline of rehabilitation. If a person declines use of the
rehabilitation services offered or refuses to agree to a
rehabilitation plan approved by the executive director, the
disability retirement benefit payments cease at the end of the
month following the decline or refusal.

 
A. The executive director shall notify the person in
writing of the decision to discontinue the disability
retirement benefit.

 
B. The decision is subject to appeal under section 17451.

 
C. If the person appeals the executive director's decision,
the disability retirement allowance may not be discontinued
until all appeals have been exhausted.

 
5. Monitoring of rehabilitation plan. Each rehabilitation
plan approved by the executive director shall contain a provision
for periodic review of progress being made by the person toward
achieving the goal of the plan and substantially gainful
activity. The provision relating to review shall must include
authority for the executive director to terminate the plan or to
amend the plan with the same provider or with a change of
provider, based upon results of the review or at the request of
the person or the provider. Subsections 1, 2, and 3 and 4 shall
apply to any amended plans under this subsection. A person is
entitled to a single rehabilitation plan during the course of the
person's incapacity, except when the person demonstrates that a
termination of the plan was reasonable and for good cause.__Any
entitlement to amend a rehabilitation plan or establish a new
plan ends with a determination by the executive director that the
person is no longer disabled.

 
6. Return to service. If the rehabilitation plan includes
return to employment with the person's former employer, that
person must be reemployed in accordance with the plan. The
executive director shall notify the former employer, in writing,
that the person has completed the rehabilitation plan and is
ready to return to employment. The former employer shall
reemploy the person in the first available position for which
that person is qualified, taking into consideration that person's
prior compensation and benefits, training, education and
experience, including training and education received under that
person's rehabilitation plan.

 
7. Other employment under system. A person is not required
to accept employment that reasonably necessitates relocation or
for which the person is not qualified, taking into consideration
that person's prior compensation and benefits, training,


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