60R-1.0047. Burden of Proof

In cases concerning applications for disability retirement benefits, or special risk membership, the burden of proof shall be on the member seeking to show entitlement to such benefits. In cases concerning reexamination of members receiving disability retirement benefits or reexamination of special risk members, or in cases where disability retirement benefits were terminated by the Division due to a member’s concurrent reemployment, the burden of proof shall be on the Division which is seeking to discontinue the benefit. In the case of hearings to review the Department’s denial of specification of a class for special risk membership, the burden of proof shall be on the employing agency. This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 121.24(5) FS. Law Implemented 120.569, 120.57(1), 121.0515, 121.091(4), 121.23 FS. History–New 8-19-87, Section 22J-1.0047 was formerly subsection (4) of 22J-1.005, Amended 8-12-91, Formerly 22J-1.0047, Amended 1-7-24.