Important Information About Disability Retirement Applications
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Date Posted: May 24, 2010
Category: Employers
Legislation has been enacted to allow the South Carolina Retirement Systems to accept a disability retirement application from an otherwise eligible member if the application is received by the Retirement Systems within 90 days of the member’s date of termination from employment.
Active contributing members of the South Carolina Retirement System (SCRS) and the Police Officers Retirement System (PORS) may apply for disability retirement if they meet certain eligibility requirements, one of which is that they still be in service with an employer covered by the South Carolina Retirement Systems. For disability application purposes, a member is considered to be in service on the date the application is received by the Retirement Systems if he is not retired and the last day he was employed by an employer covered by the Retirement Systems occurred not more than 90 days prior to the date of filing.
The Retirement Systems historically accepted disability applications from members if the application was received within 90 days of the member’s date of termination from employment until a May 12, 2008, decision handed down by the South Carolina Supreme Court decision eliminated the 90-day window.
Senate bill 1145, which was ratified by the South Carolina General Assembly May 6, 2010, and signed by Governor Mark Sanford May 12, 2010, provides that the 90-day window applies to any disability application received by the Retirement Systems on or after May 12, 2008.
A member’s disability retirement application will be rejected if it is received by the Retirement Systems more than 90 days after the member’s last day of employment with an employer covered by the Retirement Systems.
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