Disability Retirement FAQ’s
1. Who is eligible to apply for disability retirement?
Answer: Members with at least 10 years of Oklahoma contributory service. Purchased service is not considered membership service and cannot be included in the minimum 10 years of Oklahoma membership service required to meet eligibility.
2. Who is not eligible to apply for disability retirement?
Answer:
• Members who do NOT have at least 10 years of Oklahoma membership (contributory) service. Purchased service is not considered membership service and cannot be included in the minimum 10 years of Oklahoma membership service required to meet eligibility.
• Members who are eligible for unreduced regular retirement.
3. Can a member apply for disability retirement if they are terminated from employment or on leave without pay in Oklahoma public education?
Answer: Yes, as long as the member can provide proof (i.e. Medical Records or Social Security Award Letter) showing that the disability existed during their Oklahoma public education employment and the disability was the reason for the leave without pay or that employment ended.
4. How is disability retirement calculated?
Answer: Disability retirement is calculated in the same manner as regular retirement benefits, except that no reduction is made due to the age of the member.
• 2% x (Service Years) x (Final Average Salary) / 12 = Monthly Benefit
5. What retirement options are available for disability retirement?
Answer: A member has two retirement options for disability retirement—Maximum Retirement Plan or Option 2. A member cannot elect to receive a partial lump-sum payment (PLSO) in exchange for a reduced annuity if applying for disability retirement.
- Maximum Retirement Plan:
- Lifetime benefit to member.
- Largest retirement benefit - 100% of the retirement formula.
- The monthly retirement benefit will cease at death, and any remaining account balance will be paid to the beneficiary(ies).
- Option 2 (100% joint survivorship for sole annuitant):
- Lifetime benefit to member; upon death of member, the same lifetime benefit amount the member received will be paid to designated joint annuitant, if living.
▪ If the joint annuitant predeceases the member, the member’s retirement benefit will “pop up” (increase) to the Maximum Retirement Plan. A new beneficiary (but not a new joint annuitant) may be named to receive the balance of the member’s account, if any remains, and survivor benefit payable upon member’s death.
o Designated joint annuitant may only be the spouse of the member – must be married at the time disability benefits are sought/granted.
o Joint annuitant is designated at retirement and cannot be changed, but a different person may be named to receive the $5000 survivor benefit.
o Option 2 provides the least monthly benefit for the member and greatest benefit to the joint annuitant
o Reduction to the monthly benefit is based on joint annuitant’s age in relation to member’s age.
6. How does the disability retirement process work?
Answer:
A member requests a Disability Retirement Application.
- A member can request their Disability Retirement Application for the first available retirement date.
- A member cannot request a retirement date that is more than 90 days from the date of their request.
The members’ account is audited to verify accuracy of the information TRS has been provided by previous employers.
• After the audit is complete, the Disability Retirement Application is mailed to the member.
• TRS must receive the completed Disability Retirement Application and required documentation by the first day of the month the member has requested to retire.
• If the Disability Retirement Application and required documentation is timely received, the Medical Board will review the Disability Retirement Application at its next regularly scheduled review meeting and make their final determination.
• The Medical Board typically meets the first Thursday of each month.
• The applicant is notified of the Medical Board’s determination first by phone then by mail.
• If the member is approved for disability retirement, TRS notifies the member’s employer.
• Notification is mailed to the employer, directing the employer to terminate the member’s employment by the 10th day of the month in which the member is effectively retired.
• The disability retiree will receive their first monthly benefit payment on the first day of the month following their effective retirement date.
• For example, if a member is granted disability retirement effective January 1, the member will receive their first disability retirement benefit payment on February 1.
7. Why can’t I request a Disability Retirement Application more than 90-days before my desired retirement date?
Answer: The unique characteristics of disability retirement, along with the necessity for a swift process and precise medical records, prevent us from accommodating requests that are submitted several months in advance of the desired retirement date.
8. What if I have been approved for Social Security Disability?
Answer: If you have been approved for Social Security Disability, instead of submitting medical records with your Disability Retirement Application, you must submit your Social Security Disability Award letter with the Disability Retirement Application to TRS. The Application and Award Letter will be reviewed, and TRS will communicate with you either regarding approval of disability retirement or if TRS needs additional information or has further inquiry.
9. I signed the “Authorization for Release of Medical Records”. Does that mean TRS will collect my medical records for me?
Answer: No, the “Authorization for Release of Medical Records” does not permit TRS to contact your physician(s), nor does it grant us permission to request your medical records for you. You are solely responsible for collecting your relevant medical records and providing them to TRS.
10. If I am required to collect my medical records, then why am I being asked to sign the “Authorization for Release of Medical Records” form?
Answer: If the Medical Board requires you to be examined by another physician, your authorization is required for TRS to release the medical records you provided to TRS to the physician. These medical records would be released only to the physician(s) the Medical Board recommends.
11. Do you need ALL my medical records?
Answer: No, we only require medical records that relate to your disability during your period of employment. If your disability requires consultations with multiple physician specialists, it is important to submit records from each of those specialists.
12. Who can sign my Attending Physician’s Recommendation?
Answer: The physician who signs your Attending Physician’s Recommendation must be a medical doctor (MD) or Doctor of Osteopathy (DO). When your disability relates to eyes, your physician must be an ophthalmologist. For hearing-related disability, your physician must be an otolaryngologist or audiologist. For mental health disabilities, your physician must be a Doctor of Clinical Psychology or Doctor of Psychiatry. All physicians who sign must be in good standing with their licensure board. A nurse practitioner cannot sign the Attending Physician’s Recommendation. If a physician’s assistant signs your Attending Physician’s Recommendation, TRS cannot consider that recommendation without their supervising physician’s signature.
13. Can I email you my Disability Retirement Application and medical records?
Answer: No, the only permissible methods of submitting your Disability Retirement Application and medical records to TRS are via mail, fax, or hand delivery. Mailed and hand delivered documents must be submitted on paper. TRS cannot accept floppy disks, CD-ROMs, or USB drives.
14. What happens if I miss my disability retirement deadline?
Answer: If your Disability Retirement Application is not received by the first day of the month you requested to retire, your effective retirement date will be moved to the following month and a new packet will be mailed to you. This new packet will need to be completed and returned to TRS by the first of the following month for consideration by the Medical Board.
Note: A member’s requested retirement date will only be moved three times for a total of a 90-day extension. If the member’s completed Disability Retirement Application (including medical documentation) is not received within that 90-day extension, the request will be closed. If at that point a member wishes to continue pursuing disability retirement, the member will need to call TRS and make a new request.
15. May a disabled retiree return to work while receiving disability retirement benefits?
Answer: Yes, but engaging in gainful employment may result in a reduction or termination of disability retirement benefits. TRS retirees receiving a disability retirement benefit who wish to return to employmentmust notify TRS and provide in writing specific information about such employment so that TRS can determine whether employment will result in a reduction or a termination of the monthly disability retirement benefit. If a disabled retiree enters employment without providing notification and information to TRS, TRS will suspend the monthly disability retirement benefit while TRS investigates the impact of such employment on the member’s disability retirement benefit.
Upon reaching his or her normal retirement age as defined by TRS rules, a disabled retiree receiving disability retirement shall be eligible for post-retirement employment under the same conditions outlined for other retired members.
Note: Normal retirement age is determined by a member’s TRS membership date. Those members with membership dates before November 1, 2011 have a normal retirement age of 62. Those members with a membership date on November 1, 2011 or after have a normal retirement age of 65. Members can contact TRS to determine membership date and/or normal retirement age.
16. May a disabled retiree return to work in Oklahoma public education and become an active contributing member of TRS again?
Answer: Yes, but the disabled retiree must notify TRS in writing of their intent to return to employment. After TRS receives written notice of the disabled retiree’s intent to return to Oklahoma public education employment, the disabled retiree’s monthly benefit will be suspended for 6 months.
o During the 6 months while monthly benefits are suspended, the member can choose to terminate employment once again and receive their disability retirement benefits again without having to re-apply.
o By the end of the 6 month suspension period, if the member has not terminated employment and requested TRS lift the benefit payment suspension so the member can return to disability retirement, the member will be considered as having met the requirement to be restored to active service.
▪ At such time, disability retirement shall be permanently terminated, and any unused portion of the member’s accumulated contributions shall be re-established in the member’s account.
▪ Later, if the member retires under a regular service retirement, eligibility to receive a monthly retirement allowance will be based on total years of creditable service.