
SCRS - Active Members


Disability Retirement
Who
May Apply
How to Apply
Processing the Claim
Effective Date
Annuity Payments
Returning to Employment
Who May Apply
You
may apply for disability retirement if you become permanently disabled
before you leave covered employment
and you:
are under age 65; and
have five or more years of earned
service credit toward retirement (see
Correlated Systems).
The five-year service
requirement is waived if you can substantiate that your disability is the
result of an on-the-job injury.
For retirement purposes, you
are considered occupationally disabled if you become physically or mentally
incapable of performing the regular duties of your job, your disability
is likely to be permanent, and you should be retired. Becoming disabled does not automatically
qualify you for disability retirement; you must file an application and go
through the review process.
You may arrange with your
employer to make your Retirement Systems’ contributions through the
employer if your disability requires you to be placed in an
employer-approved leave status while receiving Workers’ Compensation
benefits. Doing so will ensure that you continue to earn Retirement
Systems’ service credit during your Workers’ Compensation leave period.
Be sure to apply for
disability benefits while you are still in service of a covered
employer. Since many Workers’ Compensation claims are often settled after
covered employment has ended, do not wait to apply for disability benefits
until your Workers’ Compensation claim is finalized.
If your disability claim is
denied, the continuance of paying contributions and earning Retirement
Systems’ service credit may be important to your long-term retirement
plans. Retired members who work for a covered employer are not eligible to
apply for disability benefits.
How to Apply
If you meet the disability filing criteria, go to the
Forms
section of our Web site or
contact the Retirement Systems for a disability retirement packet. When you file your
disability retirement claim, please include as much evidence as possible
to support your claim.
You should file your application for
disability retirement as soon as you become disabled.
You must apply prior to leaving covered
employment or you will not be eligible to participate in the disability
retirement program.”
If you do not receive
notification of the Retirement Systems' receipt of your application within 10 days after you
submit it, please
contact
the Retirement Systems.
If you are eligible for service retirement
when you become disabled, you may apply for service retirement while
awaiting determination of your disability claim; however, you will receive
only one type of payment (service or disability) if your disability claim
is approved.
Processing the Claim
Your medical records will be obtained from your health care providers and
evaluated to determine the severity and limiting effects of your physical
or mental impairment. The final determination is made by the Retirement
Systems. If your claim is denied, you will have an opportunity to appeal
that denial.
Please allow a minimum of three months
after all required documentation has been received from you, your
employer, and your health care providers for your disability application
to be processed. If you have not received
the Retirement Systems' decision within three months, please
contact the Retirement Systems.
Effective Date
If your disability retirement claim is
approved, the effective date for annuity benefits will be the 30th day
after your application is received by the Retirement Systems or the day
after your last day on your employer’s payroll, whichever is later.
A disability annuity, once approved, may be
discontinued if:
- you regain a certain earning capacity;
or
- medical evidence indicates that you are
no longer disabled; or
- the Retirement Systems has scheduled a
continuing disability review and does not approve continuing disability
retirement payments.
Periodic medical reexaminations may be
required up to age 65. If the Retirement Systems determines that your
disability benefits should cease because of an improvement in your medical
condition, your retirement benefits will stop the month of your scheduled
review or the month of the Retirement Systems decision, whichever is
later.
Annuity Payments
A disability applicant may select the same payment plans as a service
retiree.
Because the Retirement Systems does not
determine your disability based on the criteria for a disability that is
total and permanent, your disability benefits are considered to be a
normal distribution from your retirement account. For tax information,
contact the
Internal Revenue Service, the
SC Department of Revenue if you live in South Carolina, and/or your
personal tax advisor.
Disability benefits paid under SCRS are
based on approval for an occupational or job-related disability. Per
Internal Revenue Service (IRS) guidelines, all such benefits are reported
as normal distributions with a distribution code of 7 on IRS Form 1099-R.
If you also receive benefits from the
Social Security Administration that are based on total and permanent
disability, such benefits are reported to you with a distribution code of
3 on IRS Form 1099-R. If you are considered to be totally and permanently
disabled, benefits paid by the Retirement Systems may be eligible for
additional tax credits. Please have your tax advisor refer to the
instructions for completing IRS Schedule R in preparing your income tax
return.
Returning to Employment
While Receiving a Disability Retirement Annuity
If you are under age 65 and receiving an SCRS disability annuity, you should report earnings from any gainful (public or
private) employment to the Retirement Systems annually because there is an
earnings limitation for all employment which is applied on a calendar-year
basis. You may earn the difference between your adjusted average final
compensation (AFC) at retirement
and your disability retirement annuity without affecting your retirement
benefits (see example below). At age 65, there is no earnings limitation
for public or private employment.
Example
|
AFC at retirement
(adjusted for inflation) |
$35,000 |
|
Annual disability
retirement annuity |
-
$14,950 |
Disability retiree can
earn difference
(for the calendar year) |
$20,050 |
Your AFC may be adjusted each
year for inflation for earnings limitation purposes only. This increase
generally matches the percentage increase of the Consumer Price Index
(CPI). These adjustments affect the amount you can earn while
receiving a disability retirement annuity; however, they do not affect the
amount of your benefit. You will receive a letter each January advising
you on how much you can earn and requesting confirmation of your prior year
earnings. You will have to repay any benefits that you received to which
you were not entitled.
If you earn more than the
difference between your
adjusted AFC and your disability annuity amount, your monthly annuity will be reduced or possibly canceled.
If you return to work with an employer covered by the Retirement Systems
and your salary is equal to or greater than your adjusted AFC, your
disability retirement annuity ceases and you must become an active member
of the Retirement Systems.
Retired members who work for a covered
employer will make tax-deferred employee contributions for the duration of
their covered employment and are eligible for an increased group life
insurance benefit equal to one year’s annual salary.