Vermont Statutes Title 24 Sec. 5056
Terms Used In Vermont Statutes Title 24 Sec. 5056
- Board: means the Board of Trustees of the System provided for in section 5062 of this title to administer the System. See
- Creditable service: means that period of continuous service subsequent to an employee joining the System and prior to his or her termination of service, during which an employee makes contributions. See
- Dependent: A person dependent for support upon another.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Group D member: means a person employed by a participating municipality who elects to become a Group D member under section 5068 of this title. See
- Medical Board: means the board of physicians provided for in section 5062 of this title. See
- Member: means any employee included in the membership of the Retirement System under section 5053 of this title. See
- Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
- Municipality: means a city, town, county, incorporated village, fire district, consolidated water district, housing authority, union municipal district, school district, incorporated school district, union school district, or any of their instrumentalities. See
- Normal retirement date: means :
- Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this chapter. See
- Service: means service as an employee for which compensation is paid by an employer as defined in subdivision (11) of this section, service recognized under section 5054 of this title, or service prior to the effective date of the plan. See
§ 5056. Disability retirement
(a) Upon application of a member not more than 90 days before, or later than 90 days, or longer for cause shown, the date a member separates from service, any member who has not reached his or her normal retirement date and has had five or more years of creditable service, may be retired by the Retirement Board on a disability retirement allowance on the first of the month following separation from service; provided that the Medical Board, after an examination of the medical records of the member or a medical examination by a physician or physicians designated by the Medical Board, shall certify that the member is mentally or physically incapacitated for the further performance of the member’s specific job requirements, that such incapacity has existed at and since the time of the member’s separation from service and is likely to be permanent, and that he or she should be retired. If the member has applied for and been granted a disability retirement allowance from the Social Security Administration prior to submission of municipal application, an automatic approval will be granted upon receipt of proof of Social Security disability allowance.
(b) Upon a disability retirement, a member shall receive a normal retirement allowance if he or she has reached his or her normal retirement date; otherwise a member shall receive the allowance accrued to date of disability.
(c) Notwithstanding subsection (b) of this section, a Group D member, upon ordinary disability retirement, shall receive an additional allowance which will be equal to ten percent of the member’s average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23, if the member’s compensation from the municipality:
(1) Is not subject to Social Security withholding; or
(2) When added to his or her Social Security benefit, is subject to Social Security withholding. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 1983, No. 56, § 2, eff. April 22, 1983; 1987, No. 39, § 5; 1989, No. 11, § 4; Amended 1999, No. 61, § 7; 2005, No. 197 (Adj. Sess.), § 3.)