Disability Retirement

You may qualify for disability retirement if you become unable to work because of an illness or injury that leaves you totally and permanently disabled. Total and permanent disability means you have the continuing inability to secure and keep any type of employment. The Fund's Board of Trustees must approve disability retirement. There are two types of disability retirement:

Service Disability —If you become totally and permanently disabled while performing your job, you may apply for service disability benefits.

Non-service Disability —If your disability is not related to your work, you may apply for non-service disability benefits. The following Fund members are eligible for non-service disability retirement:

• Active members with five or more years of service credit
• Inactive members with 10 or more years of service credit.

The Board's procedures governing the disability application process are explained in Disability Rules and Procedures , a document you can request from the Fund office.

Service disability retirement

If you qualify for service disability with 10 or more years of service credit, your benefits will be calculated as a normal retirement benefit. If you qualify for service disability and you have fewer than 10 years of service credit, your benefit calculation will be based on 10 years of service credit. Your minimum monthly benefit is the greater of:

• $500 a month or
• 10 years of service credit x 2.75% x Average Monthly Pay

Non-service disability retirement

If you have a non-service disability, your retirement benefit is calculated as a percentage of your average monthly earnings on your last day of work. Fund members must have at least five years of service credit to qualify for a non-service disability. If you have less than 10 years of service credit, your benefit calculation will be based on 10 years of service credit.

Inactive members must have at least 10 years of service credit to qualify for disability benefits. Your benefits are based on your actual years of service credit.

Determination of disability

The Employees' Retirement Fund Board of Trustees has adopted rules for determining disability claims under the Employees' Retirement Fund. After you have met service credit requirements, you are eligible to apply for disability retirement benefits if you are unable to procure and retain employment because of permanent injury or illness. It is your responsibility to establish your eligibility. Contact the Fund office for more information regarding disability retirement.

Filing documents

All applications and other supporting documents will be filed with the Fund Administrator. Forms will be considered filed when the Administrator actually receives them. All documents filed with Administrator will be held in the strictest confidence permitted under the law.

Filing the application

To begin the disability retirement application process, you (or the person acting on your behalf) must complete and submit the following:

• Application for Disability Retirement
• Employee's Statement of Disability
• Information Release
• Attorney Designation Form, if an attorney has been retained
• A completed Attending Physician's Statement
• Marriage License, if you are married
• Birth Certificate for you and, if you are married, your spouse.

The staff at the Employee's Retirement Fund office will provide the required forms as well as counseling and other assistance. Your Fund counselor will advise you of the timetable for filing your application. If you fail to provide the required forms within 90 days of the date the application is received in the Fund office, processing of your application will be delayed.

Action by the board

The Board or a committee of the Board will conduct a hearing to review your application and supporting materials. They may approve, defer, or deny any application. You are encouraged to appear before the Board, if possible. The decision of the Board is final.

You will be notified in writing of the Board's decision. Unless the application is deferred, decisions will normally be made within 30 days of the disability hearing.

Effective date of disability benefit

The effective date of your disability retirement will be determined after completing the application process.

Continuation of disability benefits

The following rules apply to disability benefits:

• The Board may direct any disability retiree to be re-examined at any time.
• As a disability pensioner, you will be required to provide the Administrator with an Attending Physician's Statement from your physician within a timeframe established by the Board.
• You must notify the Fund office immediately if you are no longer totally and permanently disabled.

Revoking or suspending benefits

Benefits may be revoked or suspended under the following circumstances:

• The Board may require any pensioner receiving a disability benefit to appear before the Board and show why benefits should not be discontinued, suspended, or revoked if you:
_____ • Fail to comply with a request to submit to a medical examination by a doctor approved by the Board,
_____ • Are allegedly no longer totally and permanently disabled, or
_____ • Will not submit a sworn affidavit stating your earnings from any gainful employment when requested by the Fund Administrator.
• Disability payments from the Fund will end if you:
_____ • Are rehired by the City or become able to perform the duties of your prior job with the City
_____ • Are able to earn more than $250 per month
• Before revoking, suspending or discontinuing your disability benefits, the Fund office will notify you by certified mail of the reason your benefits are in question. You will be given a reasonable opportunity to show why your benefits should not be discontinued.
• A disability pensioner whose benefit is being terminated may apply for a refund of any unused contributions to the Fund or an age retirement pension, if and when eligible.

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