Section 35IAC14-9-6. Disability benefits; benefit calculation and commencement

   (a) Except as provided in subsection (b), a member who becomes disabled and has sufficient credit for disability benefits is entitled to disability benefits only after the member has received a disability onset date as determined by the Social Security Administration and has applied for disability benefits with INPRS. Benefits shall commence the first of a month after the onset date of the disability.

  (b) The benefit is the retirement benefit specified IC 5-10.2-4-4 with the disability benefit computed using only the years of creditable service worked to the date of disability and without reduction for early retirement.

  (c) Members with five (5) years of creditable service, whose onset of disability is determined by the Social Security Administration to be prior to the member's five (5) years service anniversary, the benefit calculation will only include the creditable service earned prior to the onset of disability. For example, a member has four (4) years of active creditable service, becomes ill, applies for Social Security disability benefits, but continues in active service for one (1) more year. The member receives a disability onset date from the Social Security Administration that relates back to the member's fourth year service anniversary. The member is eligible for a disability benefit because the member earned five (5) years of service, but only (4) years of service is used in the benefit calculation. However, the member's disability for retirement benefits will be paid back to the month following the onset of disability as determined by the Social Security Administration.

  (d) A member who is receiving a disability retirement shall be automatically converted to regular retirement benefits upon reaching age and service eligibility. Unless otherwise prohibited by law, service credit earned or awarded during the period of time the member was receiving TRF disability benefits will be used in the calculation of the retirement benefit. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 14-9-6; filed Oct 5, 1992, 5:00 p.m.: 16 IR 713; readopted filed Dec 3, 2001, 11:02 a.m.: 25 IR 1731; adopted Nov 19, 2008: 20081126-IR-550080887ONA; adopted Dec 14, 2012: 20121226-IR-035120663ONA; adopted Apr 26, 2013: 20130508-IR-035130167ONA) NOTE: Transferred from the Board of Trustees of the Indiana State Teachers' Retirement Fund (550 IAC 2-9-5) to the Board of Trustees of the Indiana Public Retirement System (35 IAC 14-9-6) by P.L.23-2011, SECTION 22, effective July 1, 2011.