8-36-502 - Accidental disability retirement allowances. - Tennessee Statutes

8-36-502. Accidental disability retirement allowances.

(a)  Accidental Disability Retirement Authorized.  Upon the application of a member in Group 1 or 2, any such member who has been disabled as the natural and proximate result of an accident or as the direct result of physical violence against the member's own person occurring while the member was in the actual performance of duty at some definite time and place, without negligence on the member's part, may be retired by the board of trustees on an accidental disability retirement allowance. A member shall not be entitled to receive disability retirement benefits under this section unless the member files with the retirement division an application for the benefits within two (2) years of the date of the claimed accident or incident causing such disability or within one (1) year of the member's last paid day of employment, whichever is later. Before approval may be granted, the member must provide competent medical evidence that conclusively documents that the member is totally and permanently disabled from engaging in any type of substantial gainful activity and that such disability occurred while in the actual performance of duty.

(b)  Law Enforcement Officers and Firefighters.  For purposes of this section, § 7-51-201 shall not apply.

(c)  Amount of Allowance. 

     (1)  For any person becoming a Group 1 or Group 2 member of the retirement system before July 1, 1997, the amount of the accidental disability retirement allowance shall equal fifty percent (50%) of the member's average final compensation, except as reduced as follows:

          (A)  The accidental disability retirement allowance shall be reduced to one third (1/3) of the member's average final compensation upon the member's receipt of benefits under Title II of the Social Security Act (42 U.S.C. §§ 401-425). The reduction shall not be made in the case of a member who at the time of retirement has not accumulated sufficient quarters of coverage under the Social Security Act (42 U.S.C. §§ 301- 1397f) to qualify for social security benefits at service retirement age as provided in §§ 8-36-201 8-36-205;

          (B)  Any member who is approved for an accidental disability retirement allowance to begin at fifty percent (50%) of the member's average final compensation shall be required, as a condition of continued receipt of such, to provide adequate documentation to the retirement system within thirty (30) days after notification of such approval, that the member has made application for social security disability benefits. If the application for social security benefits is denied, the member shall be given thirty (30) days from the date of denial in which to seek a reconsideration of the member's claim from the Social Security Administration and to notify the retirement system of such action. Should the member's claim for social security disability benefits be denied upon reconsideration, the member shall, within thirty (30) days after notice of such denial, file an appeal to the administrative law judge and notify the retirement system of the member's action. The member is required to keep the retirement system informed of the status of the member's claim for social security disability benefits through the entire appeals process as specified herein. Failure to comply with the requirements of this subdivision (c)(1) shall result in a reduction of the member's disability retirement allowance to thirty-three and one-third percent (331/3%) of the member's average final compensation; and

          (C)  Notwithstanding anything to the contrary, in all cases where a member, including a prior class member, is receiving payments from the division of claims administration or workers' compensation, the disability retirement allowance payable under this section shall be reduced so that the member's disability allowance, together with payments from the division of claims administration and workers' compensation, does not exceed seventy-five percent (75%) of the member's average final compensation. Any lump sum payments made by the division of claims administration or workers' compensation shall be prorated over the period of time the payments would have been made had the payments not been commuted to a lump sum.

     (2)  This subsection (c) shall not be construed to prevent any increase in the accidental disability retirement allowance of a member in excess of the limits set forth in subdivision (c)(1) when such increase is in accordance with § 8-36-124 or § 8-36-701.

     (3)  For any person becoming a Group 1 or Group 2 member of the retirement system on or after July 1, 1997, the amount of the accidental disability retirement allowance shall equal the amount of an ordinary disability retirement allowance calculated pursuant to § 8-36-501(c).

[Acts 1972, ch. 814, § 5; 1973, ch. 347, § 15; 1974, ch. 737, §§ 1-3; 1977, ch. 448, § 2; 1978, ch. 741, § 14; 1979, ch. 321, §§ 3, 6; T.C.A., §§ 8-3911, 8-3913; Acts 1981, ch. 387, § 9; 1986, ch. 553, § 19; 1989, ch. 505, §§ 4, 5; 1992, ch. 733, § 2; 1993, ch. 67, § 24; 1997, ch. 219, § 6; 1999, ch. 79, § 8; 2001, ch. 58, § 20.]