Section 38.21. Definitions.

Rule 21.   (1) As used in these rules:

(a)     "Act" means 1943 PA 240, MCL 38.1.

(b)          "Administrative record" means the application and related documents considered by the staff of the retirement system  in  reaching  its determination.

(c)  "APA" means 1969 PA 306, MCL 24.201.

(d)    "Application" means a request for a benefit provided by the act.

"Application"  also  includes  a  request  to  reopen  a   closed     application       and    a reapplication.

(e)     "Board" means the retirement board as defined in MCL 38.1h(4) of the act and composed of those members set forth in MCL 38.3 of the act.

(f)     "Bona fide termination of employment" for purposes of R 38.38 means that a member terminated employment in good faith, with honesty, and without any intent to return to a position covered by the act within the same month as the individual's retirement allowance effective date.

(g)      "Closed application" means a request by an individual for a  benefit provided by the act that was withdrawn by the individual or otherwise never decided by the retirement system or the board.

(h)     "Dependent" or "dependents," as used in MCL 38.20d of the act means all of the following:

(1)     The retirant's spouse.

(2)      Any unmarried child of the retirant who is considered a dependent under section 152 of the internal revenue code.

(i)            "Good cause," as used in MCL 38.21 and 38.24 of the act, means the legitimate inability to file an application within 1 year after termination of the member's employment. "Good cause" does not include a person's own careless neglect or inattention to the filing requirements.

(j)            "Medical advisor," as used in MCL 38.21 and 38.24 of the act, means a physician designated by the retirement system.

(k)         "Permanent," as used in MCL 38.21 and 38.24 of the act, means will last throughout the lifetime of the member.

(l)           "Presiding officer" means presiding officer as defined in MCL   24.279 and

24.280 of the APA.

(m)             "Reasonable medical treatment" means medical treatment that does not involve significant danger to life or extraordinary suffering and that has a reasonable probability of significantly improving the condition caused by the disease or injury.

(n)       "Reapplication" means a request by an  individual  for  a  benefit provided by the act that was previously decided by the staff of  the retirement system or the board.

(o)       "Totally incapacitated," as used in MCL 38.21 and 38.24 of the act, means the member is unable to perform the duties of his or her current position, or any other position reasonably related to the member's education, training, or experience.

(2) Terms defined in the act and the APA have the same meaning when used in these rules.

History: 2008 AACS;  2015 AACS.