The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
GENERALLY
(Cite as: 3 V.S.A. § 466)
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§ 466. Coordination of disability retirement benefits with workers’ compensation benefits
(a) Disability pension and annuity retirement benefits payable under this chapter shall
not commence until workers’ compensation benefits have been exhausted under 21 V.S.A. § 642 or 646.
(b) Notwithstanding subsection (a) of this section, disability retirement benefits payable
under this chapter shall be paid to a member who applies for and meets all of the
eligibility criteria for disability retirement under section 460 or 461 of this title, has filed a claim for temporary disability workers’ compensation benefits under
21 V.S.A. § 642 or 646, and for whom no such benefits have been or are being paid pursuant to any of these
sections. If the disability retiree receives temporary workers’ compensation benefits
pursuant to 21 V.S.A. § 642 or 646, disability retirement pension and annuity benefit payments shall cease immediately
and the retiree shall be immediately restored to his or her employment position and
status as existed immediately preceding separation from service as an employee, including
restoration of all benefits that existed at that time. Acceptance of disability retirement
benefits prior to being restored to State service shall not act as a waiver under
subsection (d) of this section.
(c) No employee shall concurrently receive both disability retirement benefits payable
under this chapter and workers’ compensation benefits payable under section 21 V.S.A. § 642 or 646. If an employee receives disability retirement pension and annuity benefits and later
receives an award for temporary disability workers’ compensation benefits for the
same period, the Vermont State Retirement System shall have a lien against any retroactive
workers’ compensation award under 21 V.S.A. § 642 or 646 for the same period that the employee received disability retirement benefits in
the amount of the disability retirement pension and annuity benefits paid. Any recovery
under 21 V.S.A. § 642 or 646 against the employer or the employer’s workers’ compensation insurance carrier shall,
after deducting expenses of recovery, reimburse the Vermont State Retirement System
for disability retirement pension and annuity benefits for all retroactive periods
of time included in the recovery. The State Treasurer shall notify the Department
of Buildings and General Services when a disability retirement application is approved
for an employee who has filed a workers’ compensation claim. The Department of Buildings
and General Services or its workers’ compensation insurance carrier shall notify the
State Treasurer of commencement or termination of any workers’ compensation payments
or awards to an employee who has been reported by the State Treasurer as eligible
to receive disability retirement benefits.
(d) An employee who chooses to accept disability retirement benefits payable under this
chapter, except as otherwise described under this section and subsection (b) of this
section, shall waive any claim for benefits in excess of 330 weeks under 21 V.S.A. §§ 644 and 645. Under this subsection, an employee may receive permanent disability benefits under
21 V.S.A. chapter 9 and disability retirement benefits under this chapter simultaneously for up to 330
weeks. Prior to actual payment of disability retirement benefits, the disability retiree
shall make an election of what benefit he or she wants to receive after 330 weeks
by indicating on a form provided by the State Treasurer at the time of application.
The form shall advise the disability retiree in conspicuous print that he or she may
wish to consult with legal counsel prior to making the election. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 78, § 16; 2005, No. 150 (Adj. Sess.), § 2.)