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Disability Retirement

 

Disability Retirement Document

This document has been prepared for members of the Public Employees' Retirement System of Nevada to provide general information.

It is based on retirement law effective from the 71st session of the Nevada Legislature, 2001. This is not a legal document, nor is it intended to serve as a basis for legal interpretation. Official legal reference may be found in the Nevada Revised Statutes.

Disability Retirement Eligibility

Eligibility to apply for disability retirement is established if:

  • The member has five or more years of service credit in PERS; and
  • The member becomes totally unable to perform his current job or a comparable job due to an injury or mental or physical illness of a permanent nature; and
  • The member is in the employ of a Nevada public employer at the time of application for disability retirement.

Application Procedure

The member should contact the PERS office directly or through the employer's personnel or liaison officer. PERS will forward an application, an estimate of disability benefits and other instructions. The form entitled "Disability Retirement Application Form" must be completed by the member and received by PERS prior to termination of employment. This form should be completed and submitted to the PERS office first. Part II must be completed by the personnel or liaison officer. Part III must be completed by the member's immediate supervisor. Part IV is to be completed by the member's personal physician. If the member has more than one physician, a photocopy of Part IV can be distributed to as many physicians as applicable. In addition to the physician's reports, PERS requires medical documentation be submitted to support the member's diagnoses. Proof of birth date and continuity of name change documentation for the member and the named beneficiary are also required.

Receipt of any portion of an application for disability retirement will be acknowledged in writing by PERS. The member will have 45 calendar days from the date of acknowledgement to finalize his application. If the completed application has not been received within this time frame, PERS will return the parts of the application that are on file.

A member may reapply any time as long as the application is submitted in its entirety at one time.

Board Review

Once the completed application is received, it will be reviewed by PERS staff and medical advisor. It will then be presented to the Retirement Board in a closed meeting for final determination. The member will be notified within five working days after the meeting as to whether or not his application was approved.

The Retirement Board meets on a monthly basis. To assure timely consideration by the Board, the application should be received in the PERS office by the 15th day of the prior month. Assuming that documentation is sufficient for a recommendation by PERS' medical advisor, an application is reviewed by the Board at the following months meeting.

If the Board denies a member's application for disability benefits, the following options are available:

  • Application to the Board within 45 days for one reconsideration. New medical information which was not available or the existence of which was not known at the time the Board originally considered the application must be submitted prior to the hearing.
  • Elect service retirement if a regular member is 65 years or older with five or more years of service, 60 years or older with 10 or more years of service, or at any age with 30 or more years of service. If a police/fire member, elect service retirement if 65 years or older with five or more years of service, 55 years or older with 10 or more years of police/fire service, 50 years or older with 20 or more years of police/fire service or at any age with 25 or more years of police/fire service.
  • Elect early service retirement with a third of one percent reduction for each month the member is under the regular retirement age.
  • Terminate from employment and apply for a refund of personal contributions, if any.

When the Board approves the member's application for disability benefits, the member must terminate employment and begin drawing a benefit within 60 days after the date of approval or remain on sick leave for the entire period from date of approval through termination. Otherwise, he would have to reapply to the board and be reapproved.

Benefits

The factors used in calculating a disability benefit are as follows:

  • Service Credit - A member receives 2.5 percent of his average compensation for each year of service earned before July 1, 2001 and 2.67% for each year of service earned after July 1, 2001, up to 36 years (maximum of 90 percent) if he was a member as of July 1, 1985. If PERS membership was established after July 1, 1985, the member earns a maximum of 75 percent of average compensation with 30 years of service.
  • Average Compensation - The average of the member's highest 36 consecutive months of salary as reported by his employer.
  • Age - The member's age and his beneficiary's age at the time of retirement are used to establish the actuarial factor to calculate the various options.
Retirement Plans - Prospective retirees can choose one of seven plans upon retirement.
  • Unmodified Retirement Allowance (Option 1) - Provides the retired employeeSince Options 6 and 7 are based on an amount which you specify, we do not normally provide an estimate for these options. If you wish to provide for a set amount to go to your beneficiary, contact the PERS Benefits Division and indicate the amount. We will be happy to provide an estimate for these options. with the maximum retirement allowance for his lifetime. Upon the retiree's death, the benefit discontinues and no monthly allowance is provided for a beneficiary. If the retired employee was receiving his benefit under the police/fire fund, his spouse would receive 50 percent of the benefit that was based on creditable police/fire service as long as the spouse was married to the member at the time of retirement and is age 50. If the beneficiary is not age 50 at the time of the retired employee's death, the beneficiary would have to wait until age 50 to begin receiving a benefit.
  • Option 2 - Provides an actuarially reduced allowance for the lifetime of the retired employee. After the retired employee's death, the same allowance continues for the lifetime of the beneficiary.
  • Option 3 - Provides an actuarially reduced allowance for the lifetime of the retired employee. After the retired employee's death, 50 percent of the allowance continues for the lifetime of the beneficiary.
  • Option 4 - Provides an actuarially reduced allowance for the lifetime of the retired employee. After the retired employee's death, and beginning when the beneficiary reaches age 60, the same allowance continues for the lifetime of the beneficiary.
  • Option 5 - Provides an actuarially reduced allowance for the lifetime of the retired employee. After the retired employee's death, and beginning when the beneficiary reaches age 60, 50 percent of the allowance continues for the lifetime of the beneficiary.
  • Option 6 - Provides an actuarially reduced allowance for the lifetime of the retired employee. After the retired employee's death, a specific sum per month, as selected by the retired employee, will continue for the lifetime of the beneficiary. This amount may not exceed the monthly allowance paid to the retired employee.
  • Option 7 - Provides an actuarially reduced allowance for the lifetime of the retired employee. After the retired employee's death, and beginning when the beneficiary reaches age 60, a specific sum per month, as selected by the retired employee, will continue for the lifetime of the beneficiary. This amount may not exceed the monthly allowance paid to the retired employee.
Since Options 6 and 7 are based on an amount which you specify, we do not normally provide an estimate for these options. If you wish to provide for a set amount to go to your beneficiary, contact the PERS Benefits Division and indicate the amount. We will be happy to provide an estimate for these options.

Examples

This example assumes you have 15 years of service and an average monthly compensation of $1,500 per month. For the purpose of determining the actuarial reduction for Options 2 through 5, we will assume that you are 60 years old with a 55-year- old beneficiary.

Service Credit = 15 years x 2.5%* = 37.5%
Average Compensation = $1,500
Unmodified Allowance = $562.50

  
Monthly Benefit
You will receive
Monthly Amount
Beneficiary Will Receive
After Your Death
Unmodified $562.50 $ - 0 -
Option 2 $470.81 $470.81
Option 3 $512.44 $256.22
Option 4 $474.75 $474.75
Option 5 $514.69 $257.34
Option 6 $494.34 $350.00
Option 7 $497.81 $350.00

*For service credit earned after July 1, 2001, a 2.67% multiplier will be used.

This example assumes you have 7 years of service and an average monthly compensation of $1,500 per month. For the purpose of determining the actuarial reduction for Options 2 through 7, we will assume that you are 43 years old with a 40-year-old beneficiary.

Service Credit = 7 years x 2.5%* = 17.5%
Average compensation = $1,500
Unmodified Allowance = $262.50

  
Monthly Benefit
You will receive
Monthly Amount
Beneficiary Will Receive
After Your Death
Unmodified $262.50 $ - 0 -
Option 2 $245.70 $245.70
Option 3 $253.84 $126.92
Option 4 $250.43 $250.43
Option 5 $256.46 $128.23
Option 6 $248.82 $200.00
Option 7 $252.86 $200.00

*For service credit earned after July 1, 2001, a 2.67% multiplier will be used.

Restrictions

  • A member must file an employment questionnaire each calendar year by May 1 of the succeeding year.
  • The Board may require medical examinations on an annual basis until the disabled retired employee attains the equivalent of service retirement eligibility.
  • A disabled retired employee must apply for and receive Board approval before returning to any type of employment either public or private, or the disability benefit may be suspended.
  • If a disabled retired employee returns to employment with a Nevada public employer in a position eligible for membership in PERS', he becomes a contributing member. All previous service credit is restored to the membership account, the employee contribution less 15 percent of the total disability benefits paid are returned to the membership account, and the disability allowance is cancelled.

Answers to Frequently Asked Questions

Q - What type of benefit will my beneficiary receive should I die prior to retirement?

A - If you have applied for disability retirement and die before the application has been approved by the Board and the Board later approves your application, your beneficiary is entitled to receive an allowance under the option selected rather than the benefits otherwise provided to a survivor. Also, if a member whose application has been approved by the Board dies prior to termination, his beneficiary is entitled to receive an allowance under the option selected rather than the benefits otherwise provided to a survivor.

Q - If my application for disability retirement is approved, what will be the effective date of my retirement?

A - Disability retirement becomes effective on the day immediately following the applicant's last day of employment, or the day immediately following the applicant's last day of service, whichever is later, or the day after death, if death intervenes between the filing of the application and retirement.

Q - If my application for disability retirement is approved, will I be penalized for retiring prior to the minimum retirement age?

A - No. Disability retirement allowances are computed in the same manner as service retirement allowances without a reduction for age.

Q - Is there a possibility of my allowance being reduced because I receive benefits from other sources?

A - Yes. Your disability allowance will be reduced by the amount of any other benefit received from any source on account of the same disability if that benefit was paid for by a Nevada public employer and to the extent that the total of the unmodified benefit and the other benefit would otherwise exceed the member's average compensation. Workers compensation typically falls into this category.

Q - Am I still considered to be under disability retirement after reaching age 60 or the equivalent of service retirement eligibility?

A - Yes. However, a disabled retired employee, if eligible, may elect to change from disability retirement to service retirement effective on the first of the month following the month that the written request is received by the Retirement System.

For further information, contact your agency's retirement liaison officer or the PERS offce.




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