KEY POINTS You should have an estimate of your disability benefits calculated by the Employees' Retirement System (ERS) prior to applying for disability benefits. You must be employed by your agency on the date your application is received in the ERS office. You may be in LWOP status, but you must not have terminated. Once an application is accepted by ERS you must go on leave. You have one year (12 months) from the date an application is received in this office for processing. No evidence received after the expiration date will be considered. An effective date of retirement can be no earlier than 30 days after an application is received. Retirement dates are on the first of the month. For more information regarding the Employees' Retirement System disability benefit process, please contact this office at (800) 805-4609 or (404) 350-6300, or visit our website at www.ersga.org Two Northside 75 Suite 300 Atlanta, GA 30318-7778 Disability Retirement Application Filing Process & Frequently Asked Questions WHO IS ELIGIBLE TO APPLY? WHAT IS AN ALTERNATIVE POSITION? Any member of the Employees' Retirement System (ERS) who has at least 13 years, 4 months of creditable service, is currently employed, and has a permanent disabling condition is eligible to apply for disability benefits. An employee must be employed on the date the application is received in the ERS office. When a completed application is filed with ERS, the employee must go on leave (either paid leave or LWOP). Filing an application for disability retirement does not guarantee an approval. WHAT CONSTITUTES A DISABILITY? O.C.G.A 47-2-123(b) provides for a disability retirement when the Medical Board certifies to the Board of Trustees the following: 1) member is medically or physically incapable of further performance of duties in: a) the position held at the time the disability originated, and b) in any alternative position offered (see below), 2) that the incapacity is likely to be permanent, and 3) that he or she should be retired. Effective July 1, 2006, the disability applicant must be offered an alternative position by his or her department if one is available. The offered alternative position must meet the following: 1) The physical requirements are compatible with the applicant's physical limitations. 2) The annual compensation and possibility for advancement are comparable or greater than the current position. 3) The duties are reasonably compatible with the applicant's experience and education. 4) The position is covered under the applicant's Retirement Plan. 5) The position is available within 45 days of submitting the disability application. HOW DO I APPLY? You are required to submit your disability retirement application through your personnel office. Your agency then has ten (10) business days to interview you. Based on this interview, the disability information you have provided, and the above criteria, your agency will determine whether an alternative position is available. If no alternative position is available, your completed disability retirement application will be submitted to the ERS Medical Board. (continued on next page) Effective 07/01/06 Act 519, O.C.G.A. 47-2-123(b) Timetable Agency Head/Designee Interview 10 business days Agency Job Offer 35 days Employee Accept/Dispute Job Offer 30 days Medical Board Final Decision 10-15+ days Application Filed 10 days 45 days 75 days 90+ days HOW DO I APPLY? (cont.) WHAT INFORMATION IS NEEDED? (cont.) If an alternative position is available and offered, you have four options: 1) You can accept the position, voiding your disability application. Part V Current Detailed Job Description Your employer provides information detailing your normal job duties. This job description must be given to all physicians and medical providers. 2) You can dispute your ability to perform in the alternative position by submitting a written appeal to your agency and ERS within 30 days after receiving the offer. The Medical Board then determines whether you are reasonably capable of performing either your current job duties or those of the alternative position. The Medical Board's decision is final. 3) You can refuse the alternative position after losing an appeal to the Medical Board; however, this will invalidate your disability retirement application. WHO MAKES THE DECISION? ERS employs the services of Board Certified physicians who are specialists in their respective fields. Three of these physicians who specialize in the area of your disabling condition receive a complete copy of your application, all disability forms and information, your current job description, and any offered alternative position's job description (see page 1). 4) You can refuse the alternative position and not file an appeal within 30 days. This also voids your disability application. WHAT INFORMATION IS NEEDED? These Medical Board physicians independently review your application and make a recommendation regarding your disability status to the Board of Trustees. The Medical Board may request an independent medical examination performed by an outside specialist. In this case, ERS will arrange and pay for the examination. You must complete parts I through V of the Application for Disability Retirement Part I Retirement Application Includes member information, option choice, beneficiary designations, tax forms, and direct deposit form. Part II Employee's Disability Self-Report Details the portion(s) of your job you cannot perform and why. Part III Employer's Disability Report Your supervisor relates information regarding your employment. This includes their observations, a copy of your current job description, certification of employment, and a statement concerning any job accommodations that may have been made by your employer. Part IV Physician's Report Each physician who treated you for your disability within the last 18 months completes this form and attaches supporting medical records and documentation, including X-Rays, MRI's, lab reports or other test results. You are responsible for any charges associated with obtaining this information. WHAT DETERMINES THE AMOUNT OF MY BENEFITS? Disability retirement benefits are based upon age at retirement, total years and months of creditable service (including creditable leave*), and the highest 24 consecutive months of salary. The plateaus of service and projection are: 13 years and 4 months through 18 years of service 75% of the calculated benefits as if the employee worked until age 60 18 years and 1 month through 22 years and 9 months of service 100% of the calculated benefits as if the employee worked until age 60 22 years and 10 months through 27 years and 6 months of service 75% of the calculated benefit as if the employee worked until age 65 27 years and 7 months or more service 100% of the calculated benefits as if the employee worked until age 65 WHAT DETERMINES THE AMOUNT OF MY BENEFITS? (cont.) *Creditable leave (certified by your agency) will count towards service credit as long as you have a minimum total of 960 hours (6 months) of sick leave plus forfeited leave. (Accrued annual leave is not used. Your agency is required to pay you for that leave at the time you terminate employment.) NOTE: While an employee who is age 60 or older may apply for disability benefits, there is no projection, and benefits are equal to those payable for a service retirement. CAN I KEEP ERS LIFE INSURANCE? As a member of ERS, you have life insurance equal to 18 times your gross monthly salary. The amount of life insurance will not increase for active employees who work beyond age 60, even if the gross monthly salary increases. As a working employee, a small portion of your ERS payroll deduction covers the premium for this insurance. At the time of retirement, your life insurance amount freezes and... ..If you have ERS service prior to 04/01/64 your coverage will not reduce. You will have a small premium deducted from your monthly benefit. ..If your ERS membership is after 04/01/64 as a disability retiree you would maintain the full value of this insurance until the age of 60, at which time the coverage would decrease by 30% and freeze. There are no premiums after retirement. WHAT WILL BE DEDUCTED FROM MY BENEFIT? ERS only deducts for Federal Income Tax, State of Georgia Income Tax, Health and Dental Insurance, and any IRS directed or court ordered deductions. As an ERS retiree, you may be eligible to continue your State Health and Dental Insurance with premiums deducted from your retirement benefit. Questions regarding your health or dental coverage should be addressed to State Health Benefits or Flexible Benefits. If you have other insurance through the Flexible Benefits program, such as additional life insurance, spousal life insurance, etc., you should contact the Flexible Benefits office regarding continuation. Deductions would not be made from your allowance for these types of coverage after retirement. CAN I WORK AFTER RETIREMENT? In accordance with O.C.G.A. 47-2-125 you are subject to medical re-examination annually for the first five years following retirement and every three years thereafter until you reach age 60. If ERS determines that you, as a disability retiree, are engaged in or are able to engage in a gainful occupation paying more than the difference between your retirement allowance and the earnable compensation you were receiving at the time of retirement, ERS will reduce your pension to an amount which, together with your annuity and the amount earnable by you, equals the earnable compensation you were receiving at the time of retirement. If your earning capacity changes, the amount of the pension will be further modified so that the modified pension shall not exceed an amount which, together with your annuity and the amount earnable by you, equals the earnable compensation you were receiving at the time of retirement. O.C.G.A. 47-2-126 provides that if a disability retiree returns to employment in an ERS-covered membership position, the disability retirement allowance will cease and the retiree will again become a contributing member of ERS.