Sec. 5-192p. Disability retirement.
Sec. 5-192p. Disability retirement. (a) If a member of tier II, while in state service,
becomes disabled as defined in subsection (b) of this section, prior to age sixty-five, he
is eligible for disability retirement if the member has completed at least ten years of
vested service. If a member of tier II, while in state service, becomes so disabled as a
result of any injury received while in the performance of his duty as a state employee,
he is eligible for disability retirement, regardless of his period of state service or his age.
(b) A member is disabled for the first twenty-four months if he is permanently
unable to continue to render the service in which he has been employed. Disability
retirement continues thereafter only if such member is totally disabled for any suitable
and comparable job.
(c) The member who is eligible for disability retirement shall receive a monthly
retirement income of one-twelfth of one and one-third per cent of final average earnings,
plus one-half of one per cent of final average earnings in excess of the year's breakpoint,
the sum multiplied by the greater of the credited service he would have at age sixty-five if he continued to work until that age, but limited to a maximum of thirty years, or
his credited service earned to date of disability retirement.
(d) Notwithstanding the provisions of subsection (c) of this section, the following
maximum benefit limitation shall apply. In order to verify the operation of the maximums, it shall be a condition precedent to receipt of any disability benefits under this
section that a member 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 (e) of this section.
(1) The disability benefit provided under this subsection shall not exceed (A) one
hundred per cent of the member's final average earnings or the rate of salary of the
member on date of disability, whichever is greater, less (B) any periodic cash benefit
payments being made to a member under the Workers' Compensation Act, less (C) any
federal disability Social Security benefits both primary and family paid on account of
the member's Social Security earnings history, less (D) 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 subsection shall not exceed (A) eighty
per cent of the greater of the member's final average earnings or the rate of salary of
the member on the date of disability, less (B) any periodic cash benefit payments being
made to a member under the Workers' Compensation Act, less (C) any federal disability
Social Security benefits, both 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.
(e) As of each anniversary date of such retired employee, as provided in section 5-192s, the benefits provided under this section shall be subject to the following adjustments:
(1) The benefits provided in subsection (c) of this section shall be subject to the
increase provided in section 5-192s;
(2) The net maximum benefit provided in subdivision (2) of subsection (d) of this
section shall be subject to the increase provided in section 5-192s;
(3) This subdivision shall apply only to the maximum benefit provided in subdivision (1) of subsection (d) of this section which shall only be considered if the member
has outside earned salary or wages. The salary as described in subparagraph (A) of
subdivision (1) of subsection (d) 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 the benefits, the offsets for workers' compensation and federal
Social Security shall be increased by the lesser of 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. 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 will 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 (d) 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 state service and progressed to the maximum "step" for his
classification;
(4) Except as specifically indicated in the preceding subdivision (3) of this subsection, the maximum disability income determined under subsection (d) 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; and
(5) The maximum disability income under subdivision (2) of subsection (d) 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.
(f) The board of physicians appointed pursuant to section 5-169 shall be utilized
for purposes of determination of any applicant's entitlement.
(g) No reconsideration of a decision concerning eligibility for a disability retirement
allowance or the prior 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 or at the
time of discontinuance as appropriate.
(h) Retirement income being paid for disability retirement shall be discontinued if
the member recovers from such disability prior to reaching what would have been his
normal retirement date. In such event, such member shall receive credit for both vesting
and credited service purposes for the years he was disabled, subject to a maximum total
credit of thirty years or actual years of service to date of disability, whichever is greater.
Unless such member has been reemployed, he shall then be deemed to have retired on
normal or early retirement, if eligible, or retain a vested right to a deferred pension, if
eligible.
(i) If a member is entitled to disability compensation under section 5-142 such member shall continue to earn vesting service and credited service, provided such member
has not retired. After retirement, if benefits continue to be payable under section 5-142,
the disability retirement benefits under this section shall be payable only if larger. 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.
(P.A. 83-533, S. 32, 54; P.A. 84-411, S. 7, 8; P.A. 85-510, S. 18, 35; P.A. 05-208, S. 2.)
History: P.A. 84-411 amended Subsec. (c) to clarify that monthly income is based on "one-twelfth" of 1.33% of final
average earnings; P.A. 85-510 amended Subsec. (a) by deleting provision that a member who becomes disabled prior to
age 65 is eligible for disability retirement if the disability was a result of an injury received in the performance of his duty
as a state employee, or the member has completed at least 10 years of vested service and substituting provisions that a
member who becomes disabled prior to age 65 is eligible for disability retirement if the member has completed at least 10
years of state service, and a member who becomes disabled as a result of an injury received in the performance of his duty
as a state employee is eligible for disability retirement, regardless of his period of state service or his age; P.A. 05-208
amended Subsec. (d) by making a technical change and 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.
See Sec. 18-101e re calculation of disability retirement income for correction officers upon designation of extraordinary
circumstances.
Benefits paid pursuant to section are in the nature of retirement benefits and not disability benefits. 262 C. 746.