Sec. 5-169. Disability retirement.
Sec. 5-169. Disability retirement. (a) If a member of the state employees retirement system, while in state service, becomes permanently disabled prior to the age of
sixty from continuing to render the service in which he has been employed, and if he
has then completed five years of state service, such member is eligible for disability
retirement for twenty-four months. Thereafter, disability retirement continues only if
such member is totally disabled for any suitable and comparable job. If the member's
disability occurs on or after October 1, 1982, such disability retirement income shall
equal three per cent of the member's base salary multiplied by years of service to date
of disability, subject to a maximum of one and two-thirds per cent times years of service
projected to age sixty-five and a minimum of one and two-thirds per cent times years
of service to the date of disability, except that such income of state policemen shall be
determined as provided by subsection (b) of section 5-173.
(b) If a member, while in state service, becomes permanently disabled from continuing to render the service in which he has been employed as a result of any injury received
while in the performance of his duty as a state employee, such member is eligible for
disability retirement regardless of his period of state service. If the member's disability
occurs on or after October 1, 1982, such disability retirement income shall equal one
and two-thirds per cent times years of service projected to age sixty-five with a maximum
based on not more than thirty years of such service and a minimum of one and two-thirds per cent times accrued service at the date of disability, except that such income
of state policemen shall be determined as provided by subsection (b) of section 5-173,
provided, for the purposes of the formulas in said subsection, his rate of salary at the
time of his disability retirement shall be used if greater than his base salary. If such
injury occurred on or after October 1, 1982, and such member has completed at least
five years of state service, his disability retirement income shall in no event be less than
that provided under subsection (a) of this section.
(c) The Governor shall appoint a board of seven physicians, each of whom is a state
employee and two of whom shall be experienced in psychiatry, to serve at his pleasure
as a medical examining board to determine whether each applicant for disability retirement is entitled thereto. Three of such members, one of whom shall be the elected
chairman or the elected secretary of the board, shall constitute a quorum for the determination of any applicant's entitlement. The chairman or the secretary shall report the
findings of the board to the Retirement Commission from time to time as requested by
the commission as to the entitlement of each applicant or the continuance of disability
of members so retired. The Comptroller is authorized to pay for stenographic and professional services as requested and approved by the board.
(d) No reconsideration of a decision concerning eligibility for a disability retirement
allowance or the discontinuance of such allowance shall be made by the board unless
a member, upon application to the board for a redetermination, discloses additional facts
concerning his condition at the date of termination of employment.
(e) Retirement income being paid for disability retirement shall end when and if
the disability ends. In such event, such member shall receive credit for the years he was
disabled, subject to a maximum total credit of twenty-five years or actual years of service
to the date of disability, whichever is greater. Such member shall then (1) retire on
normal or early retirement, if eligible, or (2) retain a vested right to a deferred pension,
if eligible.
(f) No credit for a period of service of any kind prior to the months in which contribution therefor is made shall be given under this chapter or any special act in determining
state service in connection with an application for disability retirement other than for
injury received in performance of duty as a state employee, if such disability occurred
within five years after payment of a single lump sum or commencement of payroll
deductions pursuant to subsection (c) of section 5-167. The foregoing limitation shall
not apply to credit obtained immediately after transfer from the teachers' retirement
system under section 10-183p for service previously credited in said system; but in that
case no benefit for retirement on account of disability occurring within such five-year
period, other than for injury received in performance of duty as a state employee, shall
exceed the benefit which would have been payable by said system if transfer had not
been made.
(g) Twenty per cent of all outside earned salary or wages shall be offset against the
disability retirement payments by the state during the first two years of disability. On
or after October 1, 1987, at the expiration of such period, if the total disability benefits
and outside earnings exceed one hundred per cent of the pay of such member at the date
of disability, adjusted annually by a percentage increase equal to the cost of living
allowances applied to the member's disability retirement benefits pursuant to this chapter, the disability payment will be reduced by the amount such total exceeds such adjusted
earnings. Notwithstanding the foregoing provisions of this section, the following maximum benefit limitations shall apply if the member's date of disability occurs on or after
January 1, 1984. Such maximum benefit limitations shall apply coincident with the
receipt of benefits under subsection (d) of section 5-142 by any member of the Division
of State Police within the Department of Public Safety. To verify the operation of the
maximums, members shall authorize the Social Security Administration to provide the
Retirement Commission, on an ongoing basis, any information with regard to covered
earnings or Social Security benefits payable. In the event both of the maximums indicated below apply, the lesser disability benefit shall be payable. Such maximums shall
be subject to reexamination annually, as indicated in subsection (h) of this section.
(1) The disability benefit provided under this section shall not exceed one hundred
per cent of the member's base salary or the rate of salary of the member on his date of
disability, whichever is greater, less any periodic cash benefit payments being made to
a member under the Workers' Compensation Act, less any federal disability Social
Security benefits, including primary and family, paid on account of the member's Social
Security earnings history, less all outside earned salary or wages, unless the Retirement
Commission determines that such salary or wages are being paid as part of the rehabilitation of the disabled member. Any such determination that such earned salary or wages
is for rehabilitation must be reapproved by the Retirement Commission no less frequently than every eighteen months, or the offset shall apply. The offset for workers'
compensation and federal Social Security disability benefits shall apply when such benefits commence even if such benefits initially commence after the member's disability
retirement date.
(2) The disability benefit provided under this section shall not exceed eighty per
cent of the member's base salary or the rate of salary of the member on the date of
disability, whichever is greater, less any periodic cash benefit payments being made to
a member under the Workers' Compensation Act, less any federal disability Social
Security benefits, including primary and family, being paid on account of the member's
Social Security earnings history. The offsets shall apply when such benefits commence
even if such benefits initially commence after the member's disability retirement date.
(3) The offsets for workers' compensation and federal Social Security disability
benefits shall be reduced by the amount of any attorney's fees a member incurs to obtain
such benefits.
(h) As of each anniversary date, as defined in section 5-162d, of such retired employee, the benefits provided under this section shall be subject to the following adjustments: (1) The benefits provided in subsections (a) and (b) of this section shall be subject
to the increase provided in section 5-162d or 5-162h, whichever is appropriate; (2) the
net maximum benefit provided in subdivision (2) of subsection (g) of this section shall
be subject to the increase provided in section 5-162d or 5-162h, whichever is appropriate;
(3) this subdivision shall apply only to the maximum benefit provided in subdivision
(1) of subsection (g) of this section which shall only be considered if the member had
outside earned salary or wages. The salary as described in subdivision (1) of subsection
(g) of this section shall be increased by the percentage compensation increase that would
have applied to an employee in the position and "step" of the member, at the date of
disability had that employee continued to be employed and continued automatic progression to the maximum "step" for his classification. On the date of recomputation of
benefits, the offsets for workers' compensation and federal Social Security shall be
increased by that same percentage or the percentage increase granted under the cost-of-living provision of the Workers' Compensation Act and the Social Security Act respectively, whichever is less. This offset amount shall be adjusted to reflect any change
in these benefits other than those resulting from the cost-of-living provisions of the
Workers' Compensation Act or the Social Security Act. In no case shall the offset be
greater than the actual benefits paid. Outside earned salary or wages shall reflect actual
amounts earned during the preceding calendar year. In no event shall the application of
this subdivision and subdivision (1) of subsection (g) of this section result in an income
from all sources that would be less than the income that would have been paid had the
member remained in service and progressed to the maximum "step" for his classification; (4) except as specifically indicated in subdivision (3) of this subsection, the maximum disability income determined under subsection (g) of this section will not be affected, when the workers' compensation benefits or the Social Security benefits are
increased by cost-of-living provisions in the Workers' Compensation Act or the Social
Security Act; (5) the maximum disability income under subdivision (2) of subsection
(g) of this section will be recalculated if either the workers' compensation benefits
or the Social Security benefits are decreased or discontinued. Any such recalculated
maximum shall not reflect any increases arising after the initial application of the offset
because of the cost-of-living provisions in the Workers' Compensation Act or the Social
Security Act, except as specifically indicated in subdivision (3) of this subsection.
(i) If a member qualifies for disability compensation under section 5-142, such
member shall continue to be credited with service hereunder, and shall not be deemed
to have retired until he elects to retire. While the member is receiving compensation
under section 5-142, the disability retirement benefits under this section shall be payable
only if greater than the compensation paid under section 5-142. In such event, the benefits
under this section shall be temporarily reduced by the amount of benefits payable under
section 5-142 for the period of receipt of benefits under section 5-142. If a member is
granted disability compensation under section 5-142 retroactively for the same period
of time such member received disability retirement benefits under this section, such
disability compensation benefits shall be reduced by the amount of disability retirement
benefits received during such period, except that if the disability retirement benefits
received during such period were greater than the retroactive payment of disability
compensation benefits for such period, no disability compensation payments shall be
paid to the member for such period.
(j) A member whose date of disability occurs prior to January 1, 1984, shall have
his benefits calculated in accordance with the provisions of law in effect at the time of
such occurrence. A member's date of disability shall be his last date of active employment by the state prior to such disability or the date as of which his benefits under this
section are payable, whichever is earlier. A leave of absence for medical reasons shall
not be deemed to be active employment.
(k) If after review of all testimony and documentary evidence, including medical
reports, presented in connection with any determination or recommendation concerning
entitlement to or continuation of disability retirement, any member of the board who
believes that an individual was treated by a physician who is or may be unable to practice
medicine with reasonable skill or safety, shall file a petition, pursuant to section 20-13d, with the Department of Public Health for investigation under section 20-13e. The
record of the board concerning any such petition, and the proceedings of the board in
connection therewith, shall remain confidential to the same extent as a record of the
Department of Public Health under section 20-13e.
(1949 Rev., S. 382; 1951, S. 150d; 1957, P.A. 595, S. 7; 670, S. 1; 1958 Rev., S. 5-101; 1961, P.A. 234, S. 18; 1963,
P.A. 399; 407; February, 1965, P.A. 509, S. 1; 1967, P.A. 798; 1971, P.A. 627, S. 1; 628, S. 1, 2; P.A. 75-628, S. 1, 5; P.A.
77-390, S. 4, 8; P.A. 78-208, S. 28, 35; 78-331, S. 32, 58; P.A. 79-376, S. 6; P.A. 80-301; P.A. 83-533, S. 16, 54; P.A. 85-510, S. 7, 10, 17, 35; P.A. 87-248; 87-317; P.A. 89-52; P.A. 90-308, S. 11, 15; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12,
21, 58; P.A. 05-208, S. 3; 05-288, S. 34.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; 1963 acts
amended Subsecs. (a) and (b) to make separate provision for state policemen and added Subsec. (e); 1965 act amended
Subsec. (b) to delete reference to the determination of social security earnings and excess earnings of state policemen and
to provide that their salaries at the time of disability retirement are to be used "if greater than" rather than "instead of"
their base salaries; 1967 act reduced from 15 to 10 the number of years of service needed for disability retirement in Subsec.
(a); 1971 acts increased number of members of examining board from three to seven, two of whom should be psychiatrists
and added provisions concerning quorum, chairman, and stenographic and professional services in Subsec. (c); P.A. 75-628 added to Subsecs. (a) and (b) provisions specifying disability occurring "prior to the age of sixty", specifying maximum
payment allowed for disability, and providing new basis for calculating benefits to replace former determination "in
accordance with subsection (c)(3) of section 5-162", act further reduced years of state service applicable to Subsec. (a)
from 10 years to 5 and placed conditional 24-month limit on payments, added provisions in Subsec. (d) re credit for years
of disability re other retirement benefits and added Subsecs. (f) and (g) re offsetting outside earning and applicability of
section; P.A. 77-390 inserted new Subsec. (d) re reconsideration upon disclosure of additional information and relettered
remaining Subsecs. accordingly; P.A. 78-208 substituted teachers' retirement system for teachers' retirement association
in Subsec. (f); P.A. 78-331 replaced "prior law" with "the law in effect prior to July 1, 1975" in Subsec. (h); P.A. 79-376 replaced "workmen's" compensation with "workers'" compensation in Subsecs. (a) and (b); P.A. 80-301 substituted
"redetermination" for "rehearing" in Subsec. (d); P.A. 83-533 changed method of calculation of retirement income in cases
of disability occurring on or after October 1, 1982, and on or after January 1, 1984; P.A. 85-510 amended Subsec. (b) to
delete provision which restricted applicability of Subsec. to a member who becomes permanently disabled "prior to the
age of sixty", amended Subsec. (g) to provide that such maximum benefit limitations shall apply coincident with the receipt
of benefits under Sec. 5-142(d) by any member of the division of state police and amended Subsec. (i) to delete provision
that a member who qualifies for compensation under Sec. 5-142 shall continue to make employee contributions in order
to continue to be credited with service and to delete provision that contributions shall be required only for the period during
which the member receives full salary; P.A. 87-248 added Subsec. (k) re the reporting of unskilled or unsafe medical
practice; P.A. 87-317 amended Subsec. (g) to change the method of calculation of the outside earnings offset against
disability retirement payments in order to limit the amount of reduction of disability payments caused by the offset; P.A.
89-52 provided for a reduction in disability compensation benefits if a member receives both disability retirement benefits
and retroactive disability compensation for the same period of time; P.A. 90-308 amended 5-year ineligibility period in
Subsec. (f) re credit for prior service purchased by an applicant for disability retirement to provide that 5-year period begins
after payment of a lump sum or commencement of payroll deductions, rather than after contributions are paid in full; P.A.
93-381 replaced department of health services with department of public health and addiction services, effective July 1,
1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995; P.A. 05-208 amended Subsec. (g) by adding new Subdiv. (3)
requiring offsets for workers' compensation and Social Security benefits to be reduced by attorney's fees incurred to obtain
those benefits, effective July 1, 2005; P.A. 05-288 made technical changes in Subsec. (h), effective July 13, 2005.
See Sec. 18-101e re calculation of disability retirement income for correction officers upon designation of extraordinary
circumstances.
Cited. 170 C. 610.
Cited. 31 CS 75.
Subsec. (b):
Cited. 170 C. 410. Cited. 175 C. 424. Cited. 178 C. 438. Cited. 208 C. 801. Cited. 210 C. 214.
Cited. 13 CA 477; judgment reversed, see 210 C. 214.
Subsec. (c):
Cited. 170 C. 410. Cited. 178 C. 438. Cited. 210 C. 214.
Cited. 13 CA 477; judgment reversed, see 210 C. 214.
Subsec. (d):
Cited. 210 C. 214.
Subsec. (e):
Cited. 13 CA 477; judgment reversed, see 210 C. 214.
Subsec. (g):
Legislature has explicitly provided for an offset mechanism under statute and past practice of an agency, no matter
how well-meaning, to disregard the clear mandate of such provisions cannot be allowed. 270 C. 1.