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PPD and Accidental Retirement threw state Teachers retirement. Maryland

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  • PPD and Accidental Retirement threw state Teachers retirement. Maryland

    I was just awarded my supplemental award of compensation threw Maryland workers comp.
    My question is I had been employed at a local public school system when I was injured and was just shy of being vested when they let me go. I am told that I can apply for accidental retirement threw the state teachers retirement. being its a little less then 5 years since my injury and 3 since I was let go by my country schools. I was place at the serious disability level threw workers comp and I am unable to do the form of work I did before I was injured.
    Will this award affect what I would be paid for accidental retirement ? Since I no longer be receiving TTD but now will be receiving my PPD pay can I also receive the retirement pay or will it be adjusted till my PPD payments are over ?
    I was told at one point if I applied while on TTD I would mess up my Worker comp and to wait till this point so it wont affect it. But from reading the States teacher retirement its seem it will still be adjusted as receiving both isnt allowed ???

    I am so confused now.

  • #2
    Ahh, welcome to the wonderful world of WC and SRA. I won't lie to you, it is darn confusing and few attorneys can even keep it straight. Chances are that your WC is under MABE, and they do know the regulations fairly well. You can trust them to steer you in the right direction. Your county also should have a retirement coordinator that you can speak with. SRA does as well, but to be honest, I haven't found many of them to be terribly knowledgeable about WC since it doesn't directly impact how they operatte, and quite frankly the agency is understaffed and moving at glacial speed these days. They are very knowledgeable about the state process but when it gets to WC, don't bet the farm they know the drill. You might have better luck with calling the Commission directly if you are really stuck. I am very serious when I say that the Chairman of the WCC in MD is open to folks calling him directly and has made clear that he expects the same of the other Commissioners. Some have heeded this advice a bit better than others.....I'm not sure what county you are in, all I know is that you aren't one of mine

    You do have only 5 years from the date of accident to file for Accidental Disability Retirement (ADR) though there is a one year extention possible if the reason you didn't file sooner was your medical incapacity to do so. I would file ASAP as the state has been taking forever and a day to grant ADR. Not to scare you but I'm just now retiring folks who filed over the summer.

    You would have had to be with the system for 5 years before you would be eligible to file for Ordinary Disability Retirement.

    You can find the statutes that apply to ADR and retirement beginning § 29-109 (Annotated Code of MD).
    § 29-118.
    (a) (1) Except as otherwise provided in this subsection, this section applies to a retiree and any designated beneficiary.


    (2) (i) This section does not apply to a retiree of the Employees' Pension System or the Employees' Retirement System who receives a disability retirement benefit as a former employee of a county board of education, the Board of School Commissioners of Baltimore City, or a participating governmental unit or a designated beneficiary of that retiree.


    (ii) A retiree of the Employees' Pension System or the Employees' Retirement System who receives a disability benefit as a former employee of a county board of education, the Board of School Commissioners of Baltimore City, or a participating governmental unit or a designated beneficiary of that retiree is subject to § 9-610 of the Labor and Employment Article.


    (b) (1) The Board of Trustees shall reduce an accidental or special disability retirement benefit by any related workers' compensation benefits paid or payable after the effective date of retirement if the workers' compensation benefits:


    (i) are paid or payable while a pension is paid or payable; and


    (ii) are for an accidental personal injury arising out of and in the course of the retiree's employment by a participating employer.


    (2) A retirement allowance may not be reduced:


    (i) to be less than the sum of the retiree's annuity and the amount authorized to be deducted for health insurance premiums; or


    (ii) for workers' compensation benefits that are reimbursements for legal fees, medical expenses, or other payments made to third parties and not to the retiree.


    (c) The retirement allowance to be reduced under this section is the retirement allowance at retirement without any cost-of-living adjustment and is retroactive.



    www.sra.state.md.us/active_benefits.htm www.umbc.edu/hr/PDFs/Mentor%20Spring%2006.pdf (page 3)
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      Hi Elle,
      Thank you for answering me. I am gathering up all my info and the paper work my old job sent me out to have filled out and am going up tomorrow as they weren't open today. I am in PG and was a employee of the board of education but was let go after I wasn't getting better do to my injury, Like I said I was told it was best to wait till after my PPD hearing then it was before as I could have messed up my w/c. So from what I am reading I wont get retirement and my PPD but will I get a small difference between the 2 till my PPD is over ? right. I know I got something awhile back from the retirement system before I was let go and I made more on that then w/c
      So once the paper work is in I am ok or would I need to apply if I need a extension as I am coming up on my 5 years in the near future. Its been a long haul to this point . I am not sure if the benefit people down at the board even know all of this because they tried to get me to apply 3 years ago claiming I wouldn't be able to after I was let go.
      I call the State retirement today the man said something about getting something notarized too ? He was very vague when I was speaking to him so I got even more confused.
      I got all the forms filled out by my main doctor and I have all my medical records, my first report of injury and both my worker comp award letters the first one for TTD and now the new one with my PPD. Do you know of anything else I would need ?

      Comment


      • #4
        All I can say is, boy, OP, are you lucky ElleMD is here.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          OK, if you are in PG, you aren't part of MABE, though to be honest, I'm not sure who your carrier is. They may still be your best bet for coordination efforts next to the Commission itself. What Commissioner approved the PPD award?

          Once your application is into the state, you are good. You have to submit the application within 5 years of the date of accident. There are also time limits based on when you leave employment but this varies depending upon which retirement/pension system you are in. Stright from the website: For employees enrolled in the Employees’ Retirement System, you must file within three years after employment ends
          or
          For Teachers’ Retirement System members, you must file within five years after employment ends
          or
          For members of the Employees' and Teachers' Contributory Pension System and Law Enforcement Officers' Modified Pension System, you must file within four years after employment ends
          or
          For all other members, you must file within three years after employment ends.


          To file you must submit the application Form 129, which must be notarized; Form 20 (statement of disability); Form 21 (application for estimate of retirement allowances); the job description from your employer; the first report of injury; copies of the WC awards (you can get copies from the WCC website if you need to); and the medical documentation that shows you are disabled and it is a result of the accident at work. There is a portion that needs to be completed by your county so you need to make an appointment asap to get this done.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            OK, completely forgot to answer the offset part of the question. It is complicated so I am copying this from the benefits handbook the SRA publishes.

            Important Note on Workers’ Compensation: It is IMPORTANT to be aware of the
            impact of Workers’ Compensation benefits on an accidental disability retirement.
            Disability benefits are “coordinated” with benefits payable from Workers’
            Compensation. This does not reduce or affect your rights to apply for and receive
            Workers’ Compensation benefits. However, if you apply for and receive a Workers’
            Compensation award payable while retired, your accidental disability retirement
            benefit shall be reduced for an accidental personal injury but not for an occupational
            disease.
            Retirement law directs the Retirement Agency to withhold from your disability benefits
            an amount equivalent to the Workers’ Compensation award if the Workers’
            Compensation benefits and disability benefits are based on the same event and are
            paid for the same period of time. The Retirement Agency does not offset that part of
            your monthly benefit based on your contributions. The Agency only offsets the part
            derived from the employer’s funded portion. The Retirement Agency must leave
            enough monthly benefit to cover the cost of your health insurance premiums and
            may not offset a retirement allowance for Workers’ Compensation benefits that are
            reimbursements for legal fees, medical expenses or other payments made to third
            parties and not to the retiree. If you apply for Workers’ Compensation benefits,
            please inform the Retirement Agency immediately. Please include your Workers’
            Compensation case number in this notification.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              I had Quinn I know I read where someone didnt like her. I found her to be very nice. Maybe they just has her on a off day

              Comment


              • #8
                In this case, I happen to know the law quite well and have professional experience with it. You are welcome to provide proof of anything I advise on this thread that is inaccurate. Not bragging, just telling you that I have both legal and professional training in both these areas and deal with both on a daily basis. I'm not about to provide official legal advice as that isn't ethical given the nature of these forums, but this is hardly just an opinion.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment

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