As used in this Section:
(1) "Average annual salary" means the average
annual salary received during the member's three years of highest
(2) "Eligible for a
disability allowance" means the status of a member who meets the requirements
of subsection (a) of Section
the General Statutes, and who has submitted an application for a disability
allowance and has been determined to have met the definition of "disabled" as
found in section
the Connecticut General Statutes.
(3) "Normal retirement date" means the date a
member would be able to begin receiving a normal retirement benefit under
of the Connecticut General Statutes, determined on the basis of both actual
service prior to disability and service credited under section
of the Connecticut General Statutes.
(4) "Service retirement benefit" means a
retirement benefit which is determined on the basis of the member's age and
years of credited service.
Application for disability
allowance. An application for disability allowance consists of an
application form, which may be obtained from the State Teachers' Retirement
Board, together with such medical evidence as will support the member's claim
to be eligible for a disability allowance from the System and statements from
the member's employer attesting to the adverse effect which the member's
condition has on his or her performance as a teacher. Such medical evidence and
statements shall be reviewed by the Board's Medical Committee for the purpose
of determining whether the member is disabled within the meaning of the
Teachers' Retirement Act, Chapter 167a of the Connecticut General Statutes. The
teachers' retirement board shall make a determination of the member's
eligibility for a disability allowance based on the recommendation of the
Medical Committee and the application submitted by the member. A copy of the
Board's determination regarding his application for a disability benefit will
be mailed to the applicant within ten days of such determination.
Effective date of a disability
allowance. Upon approval by the Board of the member's application for a
disability allowance, such disability allowance shall be effective on the first
day of the month next following the receipt of a complete application for
disability. Additional evidence of the member's disability requested by the
medical committee shall not be deemed to be part of the member's application
for a disability allowance for purposes of determining the effective date of
Calculation of a disability allowance. A members disability
allowance shall be 2% times average annual salary times actual credited service
to the date of disability, divided by twelve. In no event, however, shall the
disability allowance be less than 15% of average annual salary, divided by
twelve. Credited service shall be pro-rated if less than full time.
Cost of living increases. A
member's disability allowance shall be increased from time to time in the same
manner as service retirements.
Payment to survivors. Upon the death of a member receiving a
disability allowance which became effective on or after July 5, 1983, the death
benefits provided in section
shall be available to eligible survivors. Upon the death of a member receiving
a disability allowance which became effective prior to July 5, 1983, settlement
shall be made in accordance with the payment plan option selected by the
and review of disability status. A member receiving a disability
allowance shall submit such medical evidence as may be required by the medical
committee for the purpose of fulfilling its obligation to make recommendations
to the board regarding the continued eligibility of persons receiving
disability allowances. Such medical evidence may be used by the committee to
make a recommendation that the member's disability has ended, or that the
member has failed to pursue an appropriate program of treatment.
Termination of a disability
allowance. The teachers' retirement board may terminate a disability
allowance if it makes a determination that the member's disability has ended or
that the member has failed to pursue an appropriate program of treatment. Upon
making such a determination, the member shall be given notice and an
opportunity for a hearing before his/her allowance is terminated.
Conversion of disability allowance
to service retirement benefit.
monthly disability allowance shall be converted to a service retirement when
the member has reached his/her normal retirement date.
(2) A member's service retirement benefit
shall be calculated in accordance with the provisions of section
of the Connecticut General Statutes. Service which is credited for the time the
member was receiving a disability allowance will be deemed to be full time
service if the member had rendered full time service during the entire period
prior to disability, and will be deemed to be part time service if the member
had served part time during any portion of the period prior to disability. The
part time rate applied to the disability period shall be determined by
averaging all pre-disability service at both full time and part time, except
the two years immediately preceding disability. The part time rate so
determined shall apply to all service credited for the period the member was
receiving a disability allowance. If a member presents evidence satisfactory to
the retirement board that an increase in the part time rate of employment
during the two years immediately preceding disability is unrelated to his/her
discovery of the condition which later resulted in disability, the board may at
its sole discretion use one or both of those years in the determination of the
part time rate which shall be applied to the disability period.
(3) The monthly service retirement benefit
payable on conversion of the member's disability allowance shall be the sum of
the benefit calculated above and the aggregate of all previously-granted cost
of living increases in the member's former disability allowance.
(4) In lieu of the benefit determined above,
the member may elect one of the optional payment plans described in section
of the Connecticut General Statutes, except that if such member had elected a
payment option which became effective at the commencement of his/her disability
allowance such previously selected option shall continue to be in
Offsets for social security, worker's compensation payments, and earned
(1) A member receiving a
disability allowance shall provide to the retirement board information
regarding all worker's compensation payments received while receiving the
disability allowance, and all social security benefits to which he is entitled.
The member's disability allowance shall be adjusted so that the total of such
allowance, less cost of living adjustments, plus worker's compensation payments
and social security benefits payable in any month do not exceed seventy-five
percent of the member's average annual salary.
(2) A member receiving a disability allowance
shall provide to the retirement board information, including but not limited to
copies of the member's federal income tax return, regarding all income earned
during the period the member is eligible to receive a disability allowance.
During the first twenty-four months of the member's eligibility for a
disability allowance, such allowance shall be reduced by twenty percent of such
earned income, unless such income is determined by the board to have been paid
as part of the rehabilitation of the member. The member shall provide the board
with a statement from his/her physician regarding such program of
rehabilitation, and such statement shall be considered by the board in arriving
at its determination that the income is or is not to be used to reduce the
member's disability allowance. After the first twenty-four months of payment of
the disability allowance to the member, the member's disability allowance shall
be adjusted so that the allowance plus earned income do not exceed the member's
average annual salary.
of a member's earnings and of social security and worker's compensation
payments which are received by the board following the month in which such
income is earned or such payments are received shall be used by the board to
reduce the amount of future disability payments which become payable over a
term equal to the term covered by the member's reports.