Conn. Agencies Regs. § 10-183l-23 - Disability benefits

Current through March 4, 2022

(a) Definitions. As used in this Section:
(1) "Average annual salary" means the average annual salary received during the member's three years of highest salary.
(2) "Eligible for a disability allowance" means the status of a member who meets the requirements of subsection (a) of Section 10-183aa of 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 10-183b of the Connecticut General Statutes.
(3) "Normal retirement date" means the date a member would be able to begin receiving a normal retirement benefit under section 10-183f(a) of the Connecticut General Statutes, determined on the basis of both actual service prior to disability and service credited under section 10-183aa(d) 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.
(b) 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.
(c) 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 his/her allowance.
(d) 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.
(e) Cost of living increases. A member's disability allowance shall be increased from time to time in the same manner as service retirements.
(f) 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 10-183h 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 member.
(g) Re-examination 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.
(h) 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.
(i) Conversion of disability allowance to service retirement benefit.
(1) A 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 10-183g(a) 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 10-183j 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 effect.
(j) Offsets for social security, worker's compensation payments, and earned income.
(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.
(3) Reports 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.

Notes

Conn. Agencies Regs. § 10-183l-23
Effective July 30, 1996

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