Restoration to Active Service
- What will happen if, within two years of the date I retired for disability, a regional medical panel determines that I am able to perform the essential duties of the position from which I retired, or a similar job within the same department?
If there is a vacancy in the position that you held at the time of your retirement, you are required to be returned to that position, and your disability retirement will be revoked.
If there is no vacancy in your former position, but you are found able to perform the essential duties of a similar job within the same department, as determined by HRD, and such a position is vacant, you will be returned to that position, and your disability retirement will be revoked.
If no similar position is vacant, a vacancy must be created for you by reducing the rank and position of the last person promoted to such a position. The person whose rank or position has been reduced will be placed at the top of a list to fill vacancies for that rank or position during the subsequent two-year period. - What happens if more than two years have passed since I retired and a regional medical panel determines that I am able to perform the essential duties of the position from which I retired, or a similar job within the same department?
If there is a vacancy in the position that you held, or a vacancy in a similar position within the same department, as determined by HRD, you are required to be returned to the position, and your disability retirement will be revoked.
If there is no vacancy, you will be granted a preference for the next available position or similar position for which you are qualified. You will continue to receive your retirement allowance until you are reinstated to your former position, or a similar position becomes available, or unless your earned income (See the section of this guide entitled, “Reduction or Suspension of Benefits”) necessitates a reduction/revocation of your pension.
Any disability retiree who has been separated from his or her position for more than five years may be required to complete a retraining program, created by the employer and approved by the state HRD, after being returned to service. - How will my restoration to active service affect my record of creditable service?
Any creditable service in effect at the time of your retirement for disability will be totally restored. Upon your subsequent retirement, you will also receive creditable service for the period of your disability. No additional contributions will be required as a precondition for receiving such creditable service.
| Date published: | July 1, 2015 |
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