For ERS Tier 3 and 4 Members
(Articles 14 and 15)
You may be eligible for an Article 14 accidental disability retirement benefit if you are awarded primary Social Security disability benefits for a disability that is the natural and proximate result of an accident sustained in the performance of your duties, not caused by your own willful negligence.
“Accident” has a special meaning when used in connection with Retirement System disability benefits. Whether an incident is an “accident” is determined on a case by case basis, using court decisions for guidance.
This benefit is a pension equal to 2 percent of your FAS for each year of service credit you would have earned if you had been able to work until age 65 (not to exceed 30 years of service).
This benefit is reduced by 50 percent of your CO-ESC Social Security disability benefit and by the amount of your Workers’ Compensation benefit. In addition, this benefit is subject to full escalation on the first day of the month following the date you become eligible for the disability benefit. “Full escalation” is the annual increase or decrease of your pension benefit based on the Consumer Price Index, or 3 percent, whichever is less. The percentage of escalation may rise or fall each April, and is calculated on the annual gross amount of the pension you received the previous fiscal year (April 1 – March 31).
The disability retirement benefit is payable for your lifetime. You must select an option for the payment of your disability benefit.
You, your employer or someone authorized with your power of attorney may file your Article 14 Disability Retirement Application (RS6411) . The application for accidental disability retirement must be filed while you are still in active service. If you are no longer in active service, you may be eligible if your Social Security disability benefit is awarded retroactively to a time when you were in active service. When filing for this benefit, “active service” is defined as:
- 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 been terminated from employment while receiving those benefits.
The award of this benefit is dependent on your being approved for the primary Social Security disability benefit. If you have not been awarded the primary Social Security disability benefit when we receive your application, your application could be approved once we receive the Social Security Administration’s decision.