Section 35IAC14-9-2. Classroom disability; waiver of time limitation

   (a) Except as provided in subsection (b), a member must apply not later than one (1) year after the onset date of the disability to receive a classroom disability benefit under IC 5-10.4-5.

  (b) TRF may approve the processing of an application for classroom disability benefits received later than one (1) year, and payment of benefits may be authorized, if the member is otherwise eligible for such benefits. Approval may be given if the executive director finds, in the executive director's discretion, that:

(1) the delay in submitting the application was reasonable and due to the member's injury or illness; or

(2) the delay in submitting the application was reasonable and due to other extenuating circumstances.

  (c) A member must petition TRF in writing, describing the reason for the delay, before a waiver can be granted under this rule. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 14-9-2; adopted Apr 21, 2010: 20100505-IR-550100241ONA) NOTE: Transferred from the Board of Trustees of the Indiana State Teachers' Retirement Fund (550 IAC 2-9-1.5) to the Board of Trustees of the Indiana Public Retirement System (35 IAC 14-9-2) by P.L.23-2011, SECTION 22, effective July 1, 2011.