Indiana Administrative Code (Last Updated: December 20, 2016) |
Title 35. BOARD OF TRUSTEES OF THE INDIANA PUBLIC RETIREMENT SYSTEM |
Article 35IAC2. POLICE AND FIREFIGHTERS' PENSION AND DISABILITY FUND (1977 FUND) |
Rule 35IAC2-10. Preexisting Excludable Medical Conditions |
Section 35IAC2-10-2. Preexisting excludable medical conditions
-
(a) As determined by the PERF board or the PERF board's designee and based on the results of the general medical history and the physical examination of the candidate, the preexisting conditions identified in subsection (b) will result in the candidate being ineligible under certain circumstances for the Class 3 impairment benefits established in IC 36-8-8-13.5(e).
(b) Each of the following preexisting conditions constitutes an excludable condition under IC 36-8-8-13.5 and IC 36-8-8-13.6:
(1) A history of myocardial infarction.
(2) Angina pectoris or other evidence of coronary artery disease.
(3) Congenital heart disease.
(4) Hypertrophy or dilation of the heart as evidenced by examination.
(5) Pericarditis, endocarditis, or myocarditis unless the examining physician determines that the condition is now stable and unlikely to recur.
(6) Arrhythmias.
(7) Diabetes. A candidate with a history of hyperglycemia or glucosuria or albuminuria must be considered to have an excludable condition unless a report from the physician that treated the candidate can be obtained which assures the absence of diabetes mellitus.
(8) Pancreatitis.
(9) A history of a chronic bowel disorder such as Crohn's disease and ulcerative colitis. A candidate with a history of a bowel obstruction within the preceding ten (10) years shall be considered to have an excludable condition unless the candidate is able to obtain a letter from the treating physician to the examining physician explaining the nature of the obstruction and what was done to cure it.
(10) Any hepatitis, chronic or acute, with impairment of liver function.
(11) Cirrhosis or varices.
(12) Inguinal or femoral hernia, hiatal hernia, if symptomatic, or ventral hernia, if symptomatic.
(13) Interabdominal tumor or mass.
(14) Any previous gastric resection unless there is sound x-ray evidence provided that there is little chance of recurrence of the condition which caused the first surgery.
(15) Active gastric or duodenal ulcer unless the candidate is able to provide x-ray evidence that the ulcer is currently healed. A history of a gastric or duodenal ulcer shall be treated the same as any such active ulcer unless the candidate is able to provide x-ray evidence that the ulcer is currently healed.
(16) Any evidence of rectal or prostatic malignancy.
(17) Evidence of existing renal calculus or ureterovesical calculus, if symptomatic.
(18) A person who has had a nephrectomy but with a functional remaining kidney will not be considered to have an excludable condition, provided there is no evidence of reduced renal function in the remaining kidney.
(19) Any chronic nephritis or nephrosis, hydronephrosis, pyelonephrosis, pyelitis, pyelonephritis, or polycystic disease of the kidneys.
(20) Urinary tract disease, whether or not the urinary tract has any significant abnormalities at this time, or whether any organic disease is present, or other related disorders adversely affecting the kidneys, excluding urinary tract infections.
(21) A history of kidney stones. If there is a history of kidney stones, urological consultation must be sought in order to provide an estimate of the likelihood of the recurrence of long term incapacitating symptoms. A candidate exhibiting a high likelihood of recurrence must be considered to have an excludable condition.
(22) Any proteinuria which is a result of renal disease.
(23) Any malformation of the urinary tract organs, congenital or acquired.
(24) Polycystic kidney.
(25) Any current fistula, either congenital or acquired, including tracheostomy.
(26) Any history of subarachnoid hemorrhage, cerebral aneurysm, or any cerebral vascular disease including any previous stroke within the preceding ten (10) years.
(27) Hydrocephalus.
(28) Abnormalities from recent head injury, such as severe cerebral concussion or contusion.
(29) Any acute or chronic pathological condition in either eye or the adnexa of the eye.
(30) Nystagmus of the eye, uncorrected strabismus, glaucoma, and aphakia, whether it is unilateral or bilateral, and active chorioretinitis should be considered for further examination by a qualified eye specialist to determine the likelihood and degree of future impairment.
(31) Cataract, retinitis pigmentosa, and any papilledema or tumor.
(32) Any retinal exudate, hemorrhage or edema, or detachment of the retina.
(33) Inflammatory disease of the retina, the globe, or the other structures within the globe.
(34) Heterophoria, hyperphoria, esophoria, or exophoria should be considered for further examination by a qualified eye specialist to determine the likelihood and degree of future impairment.
(35) Bronchiectasis.
(36) Bronchial asthma.
(37) Emphysema or chronic obstructive pulmonary disease.
(38) Pulmonary fibrosis.
(39) Pleurisy with effusion or empyema.
(40) Any spontaneous pneumothorax unless the examining physician determines that the condition is not likely to persist or recur.
(41) Any evidence or history of tuberculosis, sarcoidosis, or congenital cystic disease of the lung, active histoplasmosis, or any other lung pathology unless the examining physician determines that the condition is now stable and unlikely to recur.
(42) Tumor or cyst of the lung, pleura, or mediastinal.
(43) Any disease of the blood forming organs or of the blood.
(44) Anemia with the hemoglobin lower than twelve (12) grams per hundred cubic centimeters.
(45) Polycythemia, leukemia, or any other progressive diseases of the blood system.
(46) Hemophilia or other bleeding disorder.
(47) High blood pressure, evidenced by any of the following:
(A) Any blood pressure reading above one hundred fifty (150) millimeters mercury (for systolic).
(B) Any blood pressure reading above ninety (90) millimeters mercury (for diastolic).
(C) Use of antihypertensive medication.
However, if systolic and diastolic readings without medication are produced at levels lower than one hundred fifty (150) millimeters mercury (for systolic) and ninety (90) millimeters mercury (for diastolic) on three (3) consecutive days, high blood pressure shall not be an excludable condition.
(48) If peripheral edema is present, the cause shall be determined and the disqualifying disorder identified.
(49) Aneurysm and arteriovenous malformation.
(50) Any active disease of bones and joints, including active arthritis, osteomyelitis, or marked deformity of the spinal column, including, but not limited to, the following:
(A) History of laminectomy.
(B) Amputation or deformity of a joint or limb.
(C) Joint reconstruction.
(D) Ligamentous instability.
(E) Joint replacement.
(51) Herniation of an intervertebral disk.
(52) Neurofibromatosis.
(53) Neuropathy or neuralgia, including sciatica.
(54) Recurrent syncope.
(55) Any seizure disorder within the preceding ten (10) years.
(56) Parkinsonian syndrome (includes Parkinson's disease).
(57) Huntington's disease (chorea).
(58) Ankylosing rheumatoid spondylitis.
(59) Malignant melanoma or, if it had been removed, any evidence of metastatic disease.
(60) Hodgkin's disease, lymphadenopathy, lymphomas, or lymphosarcomas.
(61) Addison's disease, splenomegaly, or adenopathy secondary to systemic disease or metastasis.
(62) Disease of the adrenal gland, pituitary gland, parathyroid gland, or thyroid gland of clinical significance.
(63) Nutritional deficiency disease or metabolic disorder.
(64) Any malignant tumor of any type unless completely eradicated for at least ten (10) years.
(65) Alcohol or drug abuse within five (5) years.
(66) Anorexia nervosa or bulimia within three (3) years.
(67) Auto immune disorders, including, but not limited to, the following:
(A) Rheumatoid arthritis and myasthenia gravis.
(B) Dermatomyositis.
(C) Scleroderma.
(68) Lupus erythematosus.
(69) Multiple sclerosis.
(70) Amyotrophic lateral sclerosis (Lou Gehrig's disease).
(71) Muscular dystrophy.
(72) Obesity of such a degree so as to interfere with normal activities, including respiration.
(73) Peripheral atherosclerosis or arteriosclerosis, including any of the following peripheral vascular diseases:
(A) Intermittent claudication.
(B) Buerger's disease.
(C) A phenomenon of repeated thrombophlebitis.
(74) Acquired immune deficiency syndrome (AIDS) or human immunodeficiency virus (HIV) positive, as determined by a blood test.
(75) Sexually transmitted diseases should be considered for further examination by a qualified medical specialist to determine the likelihood and degree of future impairment.
(76) Narcolepsy or hypersomuolence due to any cause.
(77) Heart bypass surgery within the preceding ten (10) years.
(78) Primary pulmonary hypertension.
(79) Organ transplant.
(80) Pacemaker implant.
(81) Sleep apnea syndrome.
(82) Anxiety disorder.
(83) Panic disorder.
(84) Obsessive compulsive disorder.
(85) Post-traumatic stress disorder.
(86) Attention deficit/hyperactivity disorder.
(87) Tourette syndrome.
(88) Depressive disorder.
(89) Bipolar disorder.
(90) Personality disorder.
(91) Substance abuse disorder.
(92) Schizophrenia and other psychotic disorders.
(93) Anorexia nervosa.
(94) Miscellaneous or other significant psychiatric disorder.
(95) Any disqualifying condition under 35 IAC 2-9-6 that has been accommodated by the local appointing authority.
(96) Any other significant disease/disorder.
(Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-10-2; filed May 27, 1993, 12:00 p.m.: 16 IR 2341, eff Jul 1, 1993; filed Mar 3, 2000, 7:45 a.m.: 23 IR 1606; readopted filed Oct 31, 2001, 2:21 p.m.: 25 IR 898; adopted Nov 9, 2007: 20071205-IR-035070818ONA; adopted Feb 19, 2010: 20100310-IR-035100124ONA; adopted Nov 19, 2010: 20101208-IR-035100722ONA)