For ERS Tier 1 Members
(Sections 75-f and 75-g)
Regardless of your years of service credit, if you become permanently incapacitated, either physically or mentally, and unable to perform your job as the natural and proximate result of an on-the-job accident that was not due to your own willful negligence, you may be eligible for an accidental disability retirement benefit.
Notice of Accident
To be eligible for the benefit, you must file an application for an accidental disability retirement benefit within one year following the alleged accident. Otherwise, you must file a written notice of the accident with:
- The Retirement System within 90 days of the accident; or
- Your employer within 30 days of the date of the accident, if your employer is covered by the Workers’ Compensation Law or if the accident occurred on or after September 1, 1980.
The written notice must detail the time and place of the accident, the particulars thereof, the nature and extent of your injuries, and the alleged incapacity.
If approved, your accidental disability retirement benefit will be a lifetime pension equal to three-quarters (75 percent) of your FAS. In addition to your pension, if you made voluntary annuity savings contributions, you will receive an annuity provided by your contributions and the interest earned.
You must apply for Workers’ Compensation benefits if you are eligible. The accidental disability benefit is reduced by the total amount of Workers’ Compensation benefits that you are eligible to receive.
You must also select an option for the payment of your disability benefits.
You, your employer or someone authorized with your power of attorney may file your application for accidental disability retirement. The application must be filed while you are still in service or within two years of your discontinuance from service. When filing for this benefit, “in service” is defined as while you are:
- Being paid on the payroll;
- On an authorized medical leave of absence for up to two years (which may be extended for an additional two years); or
- Receiving Workers’ Compensation or other similar employer-funded benefits for up to two years since last being paid on the payroll, as long as you have not resigned or are not terminated from employment while receiving those benefits.
If you are eligible, applications for ordinary disability, accidental disability, and regular service retirement benefits may be submitted simultaneously.