Section 38.29. Refiling an application.

(1) Except as provided in subrule  (3)  of  this  rule,  if   an individual files an application that concerns a matter that has already been considered and denied by the staff of the retirement system and a  timely request for  hearing  was   not  made,  then the  application  shall  not  be considered and the individual shall be notified accordingly.

(2)          Except as provided in subrule (4) of this rule, if an individual files an application that concerns a matter that has already been considered and denied by the board, the application shall not be considered and the individual shall be notified accordingly.

(3)      If an individual's previous application for a disability retirement, as provided for in MCL 38.21 and 38.24 of the act, is denied by the staff of the retirement system and the individual did not make a timely request for hearing, then the individual may file a reapplication only if the individual did not terminate his or her employment in a position covered by the act and either worked after the denial and before the reapplication or was off  work with the approval of his or her employer.

(4)      If an individual's previous application for a disability retirement, as provided for in MCL 38.21 and 38.24 of the act, is denied by the board, then the individual may only file a reapplication if the individual did not terminate his or her employment in a position covered by the act and either worked after the denial and before the reapplication or was off work with the approval of his or her employer.

History: 2008 AACS.