§ 460. Ordinary disability retirement
(a) Upon the application of a member or of the member’s department head not later than
90 days, or longer for cause shown, after the date the member may have separated from
service, any Group A, Group C, Group D, Group F, or Group G member who has had five
or more years of creditable service may be retired by the retirement board on an ordinary
disability retirement allowance, not less than 30 nor more than 90 days after filing
such application; provided the member is not eligible for accidental disability retirement;
provided the member has requested application prior to death; and provided that the
Medical Board, after a medical examination of such member, shall certify that the
member is mentally or physically incapacitated for the further performance of duty,
that such incapacity has existed since the time of the member’s separation from service
and is likely to be permanent, and that he or she should be retired. The Retirement
Board may consider, or may ask the Medical Board or a certified vocational rehabilitation
counselor to consider, whether the individual is disabled from performing other types
of suitable work. However, if disability is denied because the individual is found
to be suitable for other work, the member shall be advised at the time of denial of
the following provisions that shall apply:
(1) the individual will retain the individual’s existing retirement accrual status;
(2) the State shall provide any necessary retraining;
(3) there shall be no loss in pay;
(4) involuntary geographical moves beyond normal commuting distance are not permitted;
and
(5) before any individual who is reassigned to another position rather than retired on
disability may be terminated for performance reasons, the individual must first be
reconsidered for disability retirement by the Retirement Board.
(b)(1) Upon ordinary disability retirement, a Group A, Group D, Group F, or Group G member
shall receive a normal retirement allowance equal to the normal retirement benefit
accrued to the effective date of the disability retirement; provided, however, that
such allowance shall not be less than 25 percent of the member’s average final compensation
at the time of the member’s disability retirement.
(2) Employees who are not eligible for representation by the Vermont State Employees’
Association, including managerial, confidential, elected, and appointed officials,
judicial, legislative, and exempt employees, who are employed on February 1, 1997,
and whose application for the State’s long-term disability plan is denied solely because
of a preexisting condition, shall, if they are otherwise eligible for ordinary disability
retirement, be entitled to a retirement allowance that, when added to Social Security
and/or other disability payments, equals 66⅔ percent of the employee’s final average
compensation at the time of the disability retirement.
(c) Notwithstanding subsection (b) of this section, a Group C member, upon ordinary disability
retirement, shall receive an additional allowance that will, when added to his or
her Social Security benefit, be equal to 10 percent of his or her average final compensation
for each dependent child, not in excess of three, who has not attained age 18 or,
if a dependent student, has not attained age 23.
(d) Notwithstanding subsection (b) or (c) of this section, a member may not receive more
than 50 percent of his or her average final compensation at the time of his or her
disability retirement. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 10; 1989, No. 67, § 18; 1989, No. 277 (Adj. Sess.), § 17m, eff. Jan. 1, 1991; 1991, No. 64, § 2, eff. June 18, 1991; 1993, No. 33, § 4; 1997, No. 2, § 75, eff. Feb. 12, 1997; 1997, No. 89 (Adj. Sess.), § 6; 2003, No. 38, § 1; 2007, No. 13, § 3; 2021, No. 114 (Adj. Sess.), § 7, eff. July 1, 2022.)