If You Become Disabled

Qualifying for Disability
Applying for Occupational Disability
Disability and Other Income
Occupational Disability Options
Disability and Workers' Compensation
Workers' Compensation and TMRS Benefits

If you become disabled so that you are no longer able to perform your job, and the disability is likely to be permanent, you may be eligible for Occupational Disability benefits from TMRS. An Occupational Disability benefit is calculated like a Service Retirement benefit, based on your deposits and interest, your city's matching funds, and other credits, and is payable to you beginning on the last day of the month following the determination.

Applying for Occupational Disability

If you become disabled, you should apply for an Occupational Disability Benefit, using an Occupational Disability Retirement Packet. You may obtain this packet either from your city, by calling TMRS, or by downloading it here. As part of the application process, you will be asked to have an examination by a physician.

After you file your application, including the physician's statement, a statement from your city, and a copy of your city job description, the TMRS Medical Board will make a determination. If the Medical Board finds you are disabled to the extent that you should be retired (and that you meet the other requirements for Occupational Disability Retirement), your application will be approved.

If the Medical Board finds that you do not meet the requirements, additional examinations or hearings may be held, or your application may be denied.

Occupational Disability Benefits and Other Earnings

If the Medical Board approves your Occupational Disability Retirement, you will receive a monthly benefit. While receiving Occupational Disability Retirement benefits, you can pursue other employment, but your monthly benefit may be affected if your retirement benefit plus your employment income exceed the salary you received when you were an active TMRS member.

If you retire under Occupational Disability, TMRS may request that you provide information regarding any earned income you may have each year until you reach age 60.

If your earnings plus your Occupational Disability exceed the amount prescribed by law, your monthly disability benefit will be reduced for the following year by the amount of your excess earnings. Your benefit will not be reduced below what your individual member deposits and interest would provide, but, if your income from other sources is high enough, the city-funded portion of your benefit may be eliminated.

Disability and Other Income The formula for determining the effect of other income on your TMRS disability benefit is:
	TMRS Disability Retirement Benefit (based on the Retiree Life Only Disability Benefit amount)
	+ Other Earnings
	Cannot Exceed
	Your average compensation from the city during the highest 12 consecutive months of the three years before the year you retired. Earnings are defined as earned income that is subject to FICA (Social Security retirement) taxation or that would be subject to FICA taxes (if the employer were not an exempt organization).

Occupational Disability Benefit Options

A member eligible for Occupational Disability Retirement may select either a Retiree Life Only benefit or any other payment option. The amount of the benefit is based on the same factors (deposits, service credits, life expectancy, interest rate assumption, plan selected) as those used in determining the amount of a service retirement benefit.

Workers' Compensation and TMRS Benefits

Q:

Can I make member deposits to TMRS while I am receiving Workers' Compensation payments?

A:

Your TMRS deposits are based on the compensation you receive from the city. TMRS cities have various policies regarding payments to persons on workers' compensation. Some cities supplement the workers' compensation payment to bring the person up to "full salary." Other cities do not supplement the workers' compensation payment, and there is no compensation paid directly by the city from which your member deposits can be made. Member deposits to TMRS should be withheld from the total compensation the city pays to you. In this case, compensation may only be the payment from the workers' compensation provider or that payment plus a supplement paid by the city. If a supplement is paid, the city should withhold your member deposit based on the total compensation paid (supplement plus workers' compensation) from the supplemental pay. If no supplement is paid by the city, you have the option to make the appropriate member deposit from your workers' compensation payment out of your pocket to the city to be transmitted to TMRS with the normal monthly report.