What is the name of your state? Texas
I was forced to retire in 1989 (at the age of 28) fron the Texas Department of Corrections. I had a back injury that required a disk be removed. They retired me under Administrative rule 34 73.17 which stated that if I could not go back to my original job, or any other state job of equal or greater pay, I must retire.
I asked for re-assignment and was denied, and told that I had to take the retirement.
every year for 5 years I had to go to a doctor and have him fill out a form asking If I could return to my original job position, the answer was always No, the disk is still missing, my old job could re-injure me.
In 2001, Sept 13, the ERS changed 34 73.17 to read, If you cannot return to your original job position or ANY equal or better paying job, you where retired.
in 2004, I recieved a letter that stated the Retirement system was doing an audit and had determined that I was employed. I have never hid the fact that I went back to school and work on computers, I was never asked to report employment or wages to the retirement system. I sent the requested paperwork, then was told that my disability retirement was to be discontinued due to the fact that I was making more than my previous state position.
a few weeks later I recieve a letter telling me that I have to go to an administrative law hearing and bring all of my employment records from the time I retired untill now, to determine how much I was overpaid.
I still have the same disability, I cannot go back to my original job, can the Retirement system retroactivly use this administrative code change on me?
I have sent a letter to the legal council for the Retirement system explaining about the rule change, and explaining that my retirement qualifications where from 1989, not post 2001, but have not recieved an answer yet, do I need to get a lawyer?, and If I do, what kind?
Thanks.
I was forced to retire in 1989 (at the age of 28) fron the Texas Department of Corrections. I had a back injury that required a disk be removed. They retired me under Administrative rule 34 73.17 which stated that if I could not go back to my original job, or any other state job of equal or greater pay, I must retire.
I asked for re-assignment and was denied, and told that I had to take the retirement.
every year for 5 years I had to go to a doctor and have him fill out a form asking If I could return to my original job position, the answer was always No, the disk is still missing, my old job could re-injure me.
In 2001, Sept 13, the ERS changed 34 73.17 to read, If you cannot return to your original job position or ANY equal or better paying job, you where retired.
in 2004, I recieved a letter that stated the Retirement system was doing an audit and had determined that I was employed. I have never hid the fact that I went back to school and work on computers, I was never asked to report employment or wages to the retirement system. I sent the requested paperwork, then was told that my disability retirement was to be discontinued due to the fact that I was making more than my previous state position.
a few weeks later I recieve a letter telling me that I have to go to an administrative law hearing and bring all of my employment records from the time I retired untill now, to determine how much I was overpaid.
I still have the same disability, I cannot go back to my original job, can the Retirement system retroactivly use this administrative code change on me?
I have sent a letter to the legal council for the Retirement system explaining about the rule change, and explaining that my retirement qualifications where from 1989, not post 2001, but have not recieved an answer yet, do I need to get a lawyer?, and If I do, what kind?
Thanks.