"ERS: What happens if I become disabled?." February 17, 2009. NYSUT: A Union of Professionals. www.nysut.org
NYSUT - A Union of Professionals
  
 

ERS: What happens if I become disabled?

 

new york state comptroller tom dinapoliIn this periodic column, state Comptroller Thomas P. DiNapoli, the sole trustee of the New York State and Local Employees' Retirement System, provides information on the system, which delivers retirement benefits to many NYSUT School-Related Professionals and other support staff. If you are an ERS member with a question of general interest, e-mail nyteach@nysutmail.org. For immediate assistance, contact the ERS Call Center toll-free at 866-805-0990, or 518-474-7736 in the Albany area.

Although no one likes to think about becoming disabled, it can happen to any of us at any time. That's why you should understand the types of disability retirement benefits you may be eligible to receive as an ERS member. For instance, with 10 or more years of service credit, you can apply for an ordinary (non-job-related) disability retirement benefit. However, if you become disabled due to a job-related accident, there's no minimum service credit requirement. Both types pay a lifetime monthly benefit.

We use several important factors to determine a disability retirement benefit: membership tier; retirement plan; type of disability; final average salary, and, in some cases, age at retirement and credited service.

Q: Can I apply for service retirement and disability retirement benefits at the same time?

A: Yes, as long as you meet eligibility requirements for both. If your disability application is approved, you will be given a choice of either the service retirement or the disability retirement benefit. However, if your disability retirement is denied after the effective date of your service retirement, you are retired.

Depending on the retirement option you choose, you might earn more by selecting the service retirement benefit. Visit our retirement benefit calculator at www.osc.state.ny.us/retire/members/projecting-your-pension.htm for help estimating what your pension will be.

Q: With a disability retirement, will my pension be reduced if I retire at an early age?

A: No. However, depending on the type of disability retirement, your benefit may be reduced by the amount of any workers' compensation benefit you receive. If you are a Tier 3 member and apply for either the Article 14 ordinary disability or accidental disability benefit, your benefit will also be reduced by 50 percent of that part of your Social Security disability benefit based on your public employment in New York state. For more information, refer to your plan booklet at www.osc.state.ny.us/retire/publications/index.htm#ersmembers.

Q: Do I have to be evaluated by a Retirement System doctor in order to receive a disability retirement benefit?

A: We may ask you to make an appointment with a system-designated physician whose specialty relates to your disability. There is no cost to you for the examination. After your examination, the doctor will send us a medical report.

Q: What happens if my disability retirement application is denied?

A: A disability retirement application may be denied for either medical or administrative reasons. Regardless of the reason, you may request an administrative hearing and redetermination within four months from the date of denial. Once the hearing process is complete, the hearing officer who presided over your hearing writes a decision and we will make a final determination. If you wish, you can then appeal the final determination under Article 78 of the Civil Practice Law and Rules.

Q: How can I get more information?

A: For information on the disability retirement process, read our booklet, Applying for Disability Retirement, at www.osc.state.ny.us/retire/publications/vo1802.htm. If you have been approved for a disability retirement and have questions about what happens next, visit our Web site to view our Disability Retirement Approval — Frequently Asked Questions page at www.osc.state.ny.us/retire/memers/disab_frequently_asked_questions.htm. And, of course, you can always contact our Call Center toll-free at 866-805-0990, or 518-474-7736 in the Capital District area.