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COMMITTEE ON GOVERNMENT OPERATIONS, VETERANS AFFAIRS AND CONSUMER PROTECTION 06/23/2025-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0012 Thirty-Sixth Legislature of the Virgin Islands February 27, 2025 An Act amending title 3 Virgin Islands Code, chapter 27 to streamline the GERS disability annuity approval procedures and for other related issues PROPOSED BY: Senator Milton E. Potter Co-sponsor: Ray Fonseca Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 3 Virgin Islands Code, chapter 27 is amended as follows: 2 (1) In section 708 (a) (1) by inserting the following at the end: 3 “Provided, however, that if one or more of the physicians designated by the 4 Board have provided proper proof that the member is mentally or physically 5 incapacitated, or totally and permanently disabled, the member shall automatically 6 be entitled to duty disability annuity and the member’s disability application need 7 not be presented to the Committee of Medical Review pursuant to § 710a herein.” 8 (2) In section 710 (c) by inserting the following at the end: 9 “Provided, however, if at least two licensed and practicing physicians, 10 selected by the Board, as provided herein, certify that the member is totally and 11 likely to be permanently disabled, notwithstanding 3 V.I.C.§710a, the member’s 12 application need not be submitted to the Committee of Medical Review.” 13 (3) In section 710a after the first sentence the following is added “Claims for 14 duty and nonduty disability, pursuant to 3 V.I.C. § 708 and 710, need not be submitted to 15 2 the Committee of Medical Review if the appropriate number of doctors designated or 1 selected pursuant to §708 and §710, have opined that the member is totally or 2 permanently disabled or mentally or physically incapacitated.” 3 (4) In section §757(a)(1), the following is added at the end “Provided, however, 4 that if one or more of the physicians designated by that Board have provided proper proof 5 that the member is mentally or physically incapacitated, or totally and permanently 6 disabled, the member shall automatically be entitled to duty disability annuity and the 7 member’s disability application need not be presented to the Committee of Medical 8 Review pursuant to § 710a herein.” 9 (5) In section §759(c), at the end of the paragraph the following is added, 10 “Provided, however, if at least two licensed and practicing physicians, selected by 11 the Board, as provided herein, certify that the member is totally and likely to be 12 permanently disabled, notwithstanding 3 V.I.C.§710a, the member’s application 13 need not be submitted to the Committee of Medical Review.” 14 BILL SUMMARY 15 This bill amends sections 708 (a) 710(c), 710a, 757 (a) (1) and 759 (c) of chapter 27 of 16 title 3 of the Virgin Islands Code to streamline the GERS annuity approval procedures to give 17 more clarity as to how disability claims are to be approved. 18 BR25-0100/February 7, 2025/AA 19 S:\AMENDS\36th Legislature\POTTER, MILTON E\Amendment 36-437\Amendment No. 20 36-437 - DRAFTED ON YELLOW.docx 21