Section 35IAC14-9-5. Disability determination pending

   (a) A member who is eligible for early retirement and who has filed with the board a copy of an application for Social Security disability benefits may apply for early retirement and retain the right to disability retirement benefits. When the Social Security Administration finds that the member is disabled and the onset date was on or before the last day of creditable service stated on the application, early retirement benefits will cease and disability retirement benefits will commence.

  (b) Retroactive benefits, less any payments already made, must be calculated and paid from the month following the onset date of the disability. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 14-9-5; 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) NOTE: Transferred from the Board of Trustees of the Indiana State Teachers' Retirement Fund (550 IAC 2-9-4) to the Board of Trustees of the Indiana Public Retirement System (35 IAC 14-9-5) by P.L.23-2011, SECTION 22, effective July 1, 2011.