Sec. 2. (a) The monthly classroom disability benefit paid under section 1 of this chapter is determined in STEP THREE of the following formula:

STEP ONE: Subtract five (5) from the total years of service credit earned by the member before the date of the member's disability.

STEP TWO: Multiply the remainder determined under STEP ONE by five dollars ($5).

STEP THREE: Add the STEP TWO result and one hundred twenty-five dollars ($125).

(b) A classroom disability benefit payment is charged against the retirement allowance account.

(c) Classroom disability benefits may not begin until ordered by the board after the member undergoes a medical examination by a physician selected by the board. If the medical examination conducted by a physician selected and paid by the board establishes to the board's satisfaction that the disability no longer exists, the member may not receive a classroom disability benefit.

(d) If a member on a classroom disability benefit refuses to submit at least annually to a medical examination by a physician selected by the board, the board shall discontinue the member's benefits until the member withdraws the refusal. If the refusal continues for at least one (1) year, the member may forfeit the right to receive classroom disability benefits.

(e) To the extent required by the federal Americans with Disabilities Act, the transcripts, reports, records, and other material compiled to determine the existence of a disability shall be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

(f) This section shall be administered in a manner that is consistent with the federal Americans with Disabilities Act, to the extent required by the Act.

[Pre-2006 Education Finance Recodification Citation: 21-6.1-5-2.]

As added by P.L.2-2006, SEC.28.