Disability Allowance - State Teachers' Retirement System - CA Education

Section § 24001

This law explains how a member of the Defined Benefit Program can apply for a disability allowance. To qualify, the member must typically have at least five years of service, with specific conditions such as performing recent service in the state, not currently receiving a service retirement, and not having previously known disabling conditions. Exceptions include those with fewer years due to job-related injury and members under certain conditions with a dependent child. If the disability is due to a violent crime during official duties, fewer years may be needed. Applicants can also apply for service retirement while awaiting a disability determination.

A member may apply for a disability allowance under the Defined Benefit Program upon written application for disability allowance to the board on a properly executed form provided by the system and subject to the following:

(a)

(1) The member has five or more years of credited service and all of the following requirements are met:

(A) At least four years were credited for actual performance of service subject to coverage under the Defined Benefit Program. Credit received because of workers’ compensation payments shall be counted toward the four-year requirement in accordance with Section 22710.

(B) The last five years of credited service were performed in this state.

(C) Except as described in subdivision (d) of Section 24201.5, the member is not currently receiving a service retirement allowance and at least one year was credited for service performed subsequent to the date on which the member terminated a service retirement allowance under Section 24208.

(D) At least one year was credited for service performed subsequent to the most recent refund of accumulated retirement contributions.

(E) The member has neither attained normal retirement age, nor possesses sufficient unused sick leave days to receive creditable compensation on account of sick leave to normal retirement age.

(F) The member is not applying for a disability allowance because of a physical or mental condition known to exist at the time the most recent membership in the Defined Benefit Program commenced and remains substantially unchanged at the time of application.

(2) A member who becomes disabled prior to normal retirement age, who has sick leave which will extend beyond normal retirement age, and who has a dependent child, may be awarded a disability allowance with an effective date after normal retirement age if the application is filed prior to attaining normal retirement age.

(b) Nothing in subdivision (a) shall affect the right of a member to a disability allowance under this part if the reason that the member is credited with less than four years of actual service performed subject to coverage under the Defined Benefit Program is due to an on-the-job injury or a disease that occurred while the member was employed and the four-year requirement can be satisfied by credit obtained under Chapter 14 (commencing with Section 22800) or Chapter 14.5 (commencing with Section 22850) in addition to any credit received from workers’ compensation payments.

(c) Nothing in subdivision (a) shall affect the right of a member under this part who has less than five years of credited service to a disability allowance if the following conditions are met:

(1) The member has at least one year of credited service performed in this state.

(2) The disability is the direct result of an unlawful act of bodily injury that was perpetrated on his or her person by another human being while the member was performing his or her official duties in a position subject to coverage under the Defined Benefit Program.

(3) The member provides documentation of the unlawful act in the form of an official police report or official employer incident report.

(d) A member who is eligible to apply for a disability allowance pursuant to this section may also apply for a service retirement pending a determination of his or her application for disability as described in Section 24201.5.

disability allowance Defined Benefit Program credited service workers' compensation service retirement allowance dependent child on-the-job injury unlawful act bodily injury police report incident report California public employees disability application sick leave normal retirement age

(Amended by Stats. 2018, Ch. 416, Sec. 14. (SB 1165) Effective January 1, 2019.)

Section § 24001.5

If you are a member of the Defined Benefit Program, you cannot get a disability allowance if you take time off to work as a full-time elected leader of a workers' organization, even if you earn service credits during this time.

A member shall not be eligible for a disability allowance under the Defined Benefit Program while on a leave of absence to serve as a full-time elected officer of an employee organization, even if the member receives service credit under Section 22711.

disability allowance eligibility Defined Benefit Program leave of absence elected officer employee organization service credit Section 22711 full-time leader workers' organization employee union leadership disability benefits restriction

(Amended by Stats. 2001, Ch. 803, Sec. 11. Effective January 1, 2002.)

Section § 24002

This section explains when a board can approve disability payments for a qualified member. The application for these benefits can be submitted by the member, their guardian, or their employer, but must follow the prescribed system format. A member can apply while actively employed, on paid leave, incapacitated from work due to mental or physical reasons, days after employment ends, or while on an unpaid leave for reasons other than incapacity. However, if the disability existed before joining the current benefits program and hasn't changed, the member is not eligible for the disability allowance.

(a) The board may authorize payment of a disability allowance to any member who is qualified upon application under this part by the member, the member’s guardian or conservator, or the member’s employer, if the application is submitted on a properly executed form prescribed by the system during any one of the following periods:

(1) While the member is employed and has performed creditable service within the four months previous to application, or while the member is on a compensated leave of absence.

(2) While the member is physically or mentally incapacitated for performance of service and the incapacity has been continuous from the last day of actual performance of service for which compensation is payable to the member.

(3) While the member is on a leave of absence without compensation, granted for reason other than mental or physical incapacity for performance of service, and within four months after the last day of actual performance of service for which compensation is payable to the member, or within 12 months of that date if the member is on an employer-approved leave to study at an approved college or university.

(4) Within four months after the termination of the member’s employment subject to coverage under the Defined Benefit Program, if the application was not made under paragraph (2) and was not made more than four months after the last day of actual performance of service for which compensation is payable to the member.

(b) A member is not qualified to receive a disability allowance if the member is applying because of a physical or mental condition that existed at the time the most recent membership in the Defined Benefit Program commenced and which remains substantially unchanged at the time of application.

disability allowance qualified member creditable service compensated leave physical incapacity mental incapacity leave of absence unpaid leave Defined Benefit Program employment termination application submission guardian or conservator employer-approved leave college or university study pre-existing condition

(Amended by Stats. 2013, Ch. 558, Sec. 19. (AB 1379) Effective January 1, 2014.)

Section § 24003

If someone is applying for a disability allowance, they need to prove their medical condition with documentation. The organization might require a medical exam by a board-chosen doctor to confirm the disability, which the board will pay for. If the applicant refuses or doesn’t provide necessary documents, their application can be rejected. Applicants must cooperate with requests for reasonable accommodation at work, and if their employer doesn't accommodate them, they may need to contest this through an appeal. They will be informed within 30 days if their application is denied or canceled, based on solid medical evidence, not as a means of avoiding disciplinary action.

(a) The member shall provide medical documentation to substantiate the impairment qualifying the member for the disability allowance.

(b) On receipt of an application for disability allowance under this part, the system may order a medical examination or review of medical documentation of a member to determine whether the member is incapacitated for performance of service. The medical examination or review of medical documentation shall be conducted by a practicing physician, selected by the board, with expertise in the member’s impairment and the board shall pay all costs associated with the examination or review of medical documentation. If the member refuses to submit to the required medical examination or review of medical documentation, the application for disability allowance shall be rejected. If a medical examination is ordered:

(1) The member shall either remain in this state, or return to this state at the member’s own expense, to undergo the medical examination, or the application shall be rejected, unless this requirement is waived by the board. The board shall pay all other reasonable costs related to travel and meals in accordance with the rates set for state employees by the Department of Human Resources.

(2) If the member is too ill to be examined, the system shall postpone the examination until the member can be examined. The member or the member’s treating physician shall inform the system, in writing, when the medical examination can be rescheduled.

(c) The system may reject the disability allowance application under this part if the member fails to provide requested medical documentation to substantiate a disability, as defined in Section 22126, within 45 days from the date of the request or within 30 days from the time that a legally designated representative is empowered to act on behalf of a member who is mentally or physically incapacitated.

(d) If the board determines that a member who has applied for a disability allowance under this part may perform service in the member’s former position of employment or in a comparable level position with the assistance of reasonable accommodation, the board may require the member to request reasonable accommodation from the employer. Failure of the member to request reasonable accommodation, as directed by the board, may be grounds for cancellation of the disability allowance application.

(e) If the employer fails or refuses to provide reasonable accommodation, the board may require the member to pursue an administrative appeal of the employer’s denial as a condition for receiving a disability allowance under this part.

(f) The system shall inform the member of the rejection or cancellation of the member’s disability allowance application under this part within 30 days after that determination is made by the system.

(g) In determining whether a member meets the definition of disability pursuant to Section 22126, the board shall make a determination on the basis of competent medical documentation and shall not use the awarding of a disability allowance as a substitute for the disciplinary process.

disability allowance medical documentation medical examination reasonable accommodation application rejection travel and meal costs employer cooperation administrative appeal disability definition competent medical documentation denial notification site inspection impaired members member obligations physician expertise

(Amended by Stats. 2012, Ch. 665, Sec. 8. (SB 1308) Effective January 1, 2013.)

Section § 24004

This law says that if someone getting a disability allowance has potential for recovery or improvement through rehab or has issues like drug abuse, their disability benefits can be limited to two years. After two years, the benefits will stop unless they get an extension.

In cases of a member’s willful substance abuse or if the board determines a member who qualifies for a disability allowance pursuant to Section 24001 has mental, physical, or vocational rehabilitation potential, the board may limit the disability allowance under this part to a period not to exceed two years from the date of approval of the disability allowance. Notwithstanding Section 24013, the disability allowance shall terminate at the end of the period granted unless an extension is granted by the board.

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(Amended by Stats. 1998, Ch. 965, Sec. 149. Effective January 1, 1999.)

Section § 24005

This law outlines how a disability allowance for certain members will start and what requirements must be met. First, the member needs to officially apply using the correct form. The starting date of the allowance must be after the last day the member was paid and cannot be before the month the system receives the application or before the board declares the member mentally incompetent. If the member is working under the Defined Benefit Program when the allowance is approved, they must inform the system, in writing, within 90 days about their last day of work. If they fail to notify within 90 days or plan to work longer than 90 days past approval, their application will be rejected.

(a) A disability allowance under this part shall become effective upon any date designated by the member, provided all of the following conditions are met:

(1) An application for disability allowance is filed on a properly executed form prescribed by the system.

(2) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3.

(3) The effective date is no earlier than either the first day of the month in which the application is received by the system’s headquarters office or the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.

(b) If the member is employed to perform creditable service subject to coverage under the Defined Benefit Program at the time the disability allowance is approved under this part, the member shall notify the system in writing, within 90 days, of the last day on which the member will perform service. If the member does not respond within 90 days, or if the last day on which service will be performed is more than 90 days after the date the system notifies the member of approval of the disability allowance, the member’s application for a disability allowance shall be rejected and a disability allowance shall not be payable to the member.

disability allowance application process effective date mentally incompetent creditable compensation Defined Benefit Program notifying system employment termination writing notification application rejection creditable service system's headquarters form prescribed last day of service

(Amended by Stats. 2016, Ch. 218, Sec. 26. (SB 1352) Effective January 1, 2017.)

Section § 24006

If a member qualifies for disability, they will receive an annual payment that equals half of their last salary, paid monthly. Additionally, for each dependent child they have, they will get an extra 10% of their last salary, up to a maximum of four children.

Upon qualification for disability under this part, a member shall receive an annual allowance equal to 50 percent of final compensation payable in monthly installments. The allowance shall be increased by 10 percent of final compensation for each dependent child, to a maximum of four dependent children.

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(Amended by Stats. 1998, Ch. 965, Sec. 151. Effective January 1, 1999.)

Section § 24007

If you're a member aged 45 to 59 who qualifies for a disability allowance, your allowance is calculated based on 5% of your final pay for each year of service in California. However, you'll receive whichever is lower: this calculated amount or the amount specified in another section, 24006. If you have children, their share of the allowance follows Section 24006 rules. This rule doesn't apply if you're eligible under a different part of the law, specifically Section 24001(c).

A member who qualifies for a disability allowance under this chapter and who has attained age 45 years, but who has not yet attained age 60 years, shall have his or her allowance calculated upon service with each year of credited California service providing 5 percent of final compensation. The disabled member shall receive the lesser of this amount or the amount provided by Section 24006. A child’s portion of the allowance shall be determined pursuant to Section 24006. This section shall not apply to a member who is eligible to apply for a disability allowance under subdivision (c) of Section 24001.

disability allowance aged 45 to 59 final compensation credited California service 5 percent calculation child's allowance Section 24006 Section 24001 subdivision c service years eligibility final pay disabled member

(Amended by Stats. 1997, Ch. 386, Sec. 2. Effective January 1, 1998.)

Section § 24009

If someone is receiving a disability allowance that includes extra money for a dependent child, that allowance will be lowered when the child no longer qualifies for it. The reduction will consider any past increases in the allowance. However, the total disability allowance can't be less than it would have been if there wasn't a child included in the first place.

A disability allowance payable pursuant to Sections 24006 and 24007 that includes a child’s portion shall be reduced when a dependent child becomes ineligible. The reduction shall take into account the increases made by application of the improvement factor. However, the member’s disability allowance shall not be less than it would have been if there had never been a dependent child.

disability allowance dependent child child's portion ineligible dependent allowance reduction improvement factor Sections 24006 and 24007 member's allowance increased allowance disability benefits

(Amended by Stats. 1996, Ch. 1165, Sec. 26. Effective January 1, 1997.)

Section § 24010

This law states that if a person is receiving disability allowances under Sections 24006 and 24007, those allowances will be reduced by the amount of benefits they receive from other public systems for the same disability. The reduction includes payments from workers' compensation like temporary disability, vocational rehabilitation, and permanent disability benefits, but specifically excludes those that are under liens.

Allowances payable under Sections 24006 and 24007 shall be reduced by an amount equal to the unmodified benefits paid or payable under other public systems for the same impairment or impairments that qualify the member for a disability allowance under this part. With respect to workers’ compensation payments that are subject to liens under Section 4903 of the Labor Code, “unmodified benefits,” for purposes of this section, shall only include payments for temporary disability, vocational rehabilitation monthly allowance, and permanent disability.

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(Amended by Stats. 2002, Ch. 375, Sec. 10. Effective January 1, 2003.)

Section § 24011

If a person receiving a disability allowance can potentially recover and return to work with treatment, they must follow a treatment plan provided by their doctor. If they knowingly choose not to follow this plan, their disability payments will stop. The allowance may continue if the treatment conflicts with their religious beliefs or if their health has significantly worsened, as confirmed by a doctor.

A member who qualifies for disability allowance pursuant to this chapter because of a disabling impairment that is amenable to treatment that could be expected to restore the member’s ability to perform service in the member’s former position of employment or a comparable level position shall participate in a treatment program prescribed by the member’s primary treating physician. Willful failure to initiate and continue participation in the treatment program shall cause the disability allowance to be terminated. In determining whether a member has good cause for failure to follow the treatment program, the board shall take into account whether treatment would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened, as determined by the member’s treating physician and substantiated by medical evidence.

disability allowance disabling impairment treatment program primary treating physician former position of employment comparable position treatment compliance terminate allowance free exercise of religion worsened condition medical evidence good cause treatment refusal health recovery employment restoration

(Amended by Stats. 1998, Ch. 965, Sec. 153. Effective January 1, 1999.)

Section § 24012

Under this law, if a member receiving a disability allowance is found capable of rehabilitation that could help them return to their job or a similar one, they must take part in an approved rehab program. The costs for this program are covered by the board. If someone refuses to participate without a good reason, like worsening health or religious beliefs being affected, their disability payments will be cut off. Important costs for these programs are paid directly by the system from the fund.

(a) A member who is receiving a disability allowance pursuant to this chapter who is determined by the board to have a mental, physical, or vocational rehabilitation potential that could be expected to restore the member’s ability to perform service in the member’s former position of employment or a comparable level position shall participate in an appropriate rehabilitation program approved by the board. The board shall pay all reasonable costs of the approved program. Willful failure to initiate and continue participation in the rehabilitation program shall cause the disability allowance to be terminated. In determining whether a member has good cause for failure to participate in the program, the board shall take into account whether the participation would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened, as determined by the member’s treating physician and substantiated by medical evidence.

(b) Any cost for the approved rehabilitation program prescribed by the board shall be paid directly by the system from the fund.

disability allowance rehabilitation potential employment restoration rehabilitation program cost coverage termination of benefits free exercise of religion mental condition physical condition board approval vocational rehabilitation medical evidence treating physician reasonable costs participation requirement

(Amended by Stats. 2003, Ch. 859, Sec. 19. Effective January 1, 2004.)

Section § 24013

If you're getting a disability allowance, the board can make you have a medical check-up whenever they think it's needed. They might ask your doctor to fill out a medical form about you, and they'll cover up to $250 of the cost if you don't have insurance to pay for it. You might have to pay for a check-up from your own doctor, but if the board picks the doctor, they'll pay the reasonable costs. They try to make the check-ups convenient for you. If the check-up shows you're not disabled anymore, your benefits will stop. If you refuse the check-up, you'll lose both the allowance and any rights to it.

The board may require any member receiving a disability allowance under this part to undergo medical examination at such times as the board deems necessary. The system may request the member’s treating physician, upon authorization by the disabled member, to complete a medical reevaluation questionnaire. The system shall reimburse the disabled member for all reasonable costs related to completion of this questionnaire in an amount not to exceed two hundred fifty dollars ($250) if the disabled member has no other health coverage that would pay the costs of completing the medical questionnaire. The board may authorize a medical examination to be conducted by the disabled member’s treating source at the disabled member’s expense and, in any case, may require a medical examination to be conducted by a physician selected by the board, in which event, the board shall pay all reasonable costs associated with the examination. The board shall, in scheduling medical examinations, give consideration to the interests and convenience of the disabled member. If the examination, together with other available information, shows to the satisfaction of the board that the member is no longer disabled, the disability allowance shall be terminated. Should the disabled member refuse to submit to medical examination, as provided in this section, the disability allowance shall be terminated and all rights of the disabled member to the disability allowance shall be revoked.

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(Amended by Stats. 1998, Ch. 965, Sec. 154. Effective January 1, 1999.)

Section § 24014

If you are a member receiving a disability allowance from the Defined Benefit Program, you can work and earn income without losing your allowance, as long as it follows specific rules. Your disability payments won't be stopped or reduced unless certain other laws mentioned apply. Additionally, no deductions will be taken from this job's wages to contribute to the Defined Benefit Program.

A disabled member may be employed to perform creditable service subject to coverage under the Defined Benefit Program. The employment shall not cause the disability allowance to be suspended or terminated except as provided in Sections 23401, 24013, and 24015, and no deduction shall be made from the disabled member’s compensation as contributions to the Defined Benefit Program.

disabled member creditable service Defined Benefit Program disability allowance employment rules compensation deductions suspend disability payments termination of allowance Sections 23401 24013 24015 member contributions disability work conditions

(Amended by Stats. 1998, Ch. 965, Sec. 155. Effective January 1, 1999.)

Section § 24015

If someone starts receiving a disability allowance after June 30, 1972, and their income from work over any six-month period averages two-thirds of their final indexed pay, they are assumed to be able to work and are no longer considered disabled. Their disability allowance will stop at the start of the next month. Any payments they receive after that will have to be paid back as overpayments.

Notwithstanding Section 22132, if a person who begins to receive a disability allowance under this part after June 30, 1972, is employed, or is self-employed in any capacity in which his or her average earnings for any prior continuous six months amount to 66 ²/₃ percent of the indexed final compensation, the person shall be presumed capable of performing gainful employment and no longer disabled. The disability allowance shall be terminated on the first day of the month following the six-month period. Any allowance paid thereafter shall be considered an overpayment and recovery shall be made.

disability allowance self-employed average earnings indexed final compensation gainful employment termination of allowance overpayment recovery disability status employment income threshold six-month period loss of benefits

(Amended by Stats. 1998, Ch. 965, Sec. 156. Effective January 1, 1999.)

Section § 24016

If a disabled member's monthly income from their allowance (excluding kids' portions) and their earnings together are more than their indexed final pay, the extra money is seen as an overpayment and must be paid back. However, this isn't the case for members whose benefits have stopped as per a different section, or if they're in an approved rehabilitation program.

(a) For any one or more months in which the total of a disabled member’s allowance under this part, excluding children’s portions, and earnings exceed 100 percent of indexed final compensation, 100 percent of the amount in excess shall be considered an overpayment and recovery shall be made.

(b) This action shall not apply to disabled members who have allowances terminated under Section 24015 or who are enrolled in an approved rehabilitation program.

disabled member allowance overpayment recovery indexed final compensation earnings limit rehabilitation program allowance termination income threshold children's portions exclusion approved rehabilitation members' earnings

(Amended by Stats. 1998, Ch. 965, Sec. 157. Effective January 1, 1999.)

Section § 24017

This law states that if someone started getting disability payments after June 30, 1972, and they're part of an approved rehab program, they can only earn up to a certain amount. If their disability payments and earnings combined exceed their last indexed pay level, anything over that amount will be partly taken back as an overpayment—specifically, half of the extra amount will be recovered.

If a person who began receiving a disability allowance under this part after June 30, 1972, is enrolled in an approved rehabilitation program and the total of the disability allowance, excluding children’s portions, and earnings exceed 100 percent of indexed final compensation, 50 percent of the amount in excess shall be considered an overpayment and recovery shall be made.

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(Amended by Stats. 1998, Ch. 965, Sec. 158. Effective January 1, 1999.)

Section § 24018

If someone who was previously disabled returns to their old job or a similar one, and their original disability comes back within six months, they are treated as if they never stopped being disabled. This means their previous disability benefits will start again from either the month the disability came back or their last paid workday, as long as they meet certain rules.

When a disabled member returns to work in his or her former position of employment or in a comparable level position and within six months of return experiences a recurrence of the original disability, that can be medically substantiated, it shall be considered, for the purpose of determining the duration of the disability, that the condition had its onset as of the date the member first became disabled. The former disability allowance under this part shall again become payable as of the later of the first day of the month in which the recurrence of the disability occurred or the last day of creditable service for which compensation is payable to the member provided the member complies with the provisions of Section 24003.

disabled member return to work original disability recurrence medical substantiation disability onset date duration of disability disability allowance recurrence of disability creditable service compensation payable Section 24003 compliance

(Amended by Stats. 2010, Ch. 207, Sec. 16. (AB 2260) Effective January 1, 2011.)

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