New Hampshire Revised Statutes 100-A:6 – Disability Retirement Benefits
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I. Group I Members.
(a) Upon the application of a group I member in service or of his employer, any such member who has 10 or more years of creditable service may be retired by the board of trustees on an ordinary disability retirement allowance, not less than 30 nor more than 90 days subsequent to the filing of such application; provided that a physician or physicians designated by the board of trustees, after a medical examination of such member, shall certify, and the board shall find, that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired.
(b)(1) Upon ordinary disability retirement, the group I member who has attained age 60 shall receive an ordinary disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member’s accumulated contributions at the time of his ordinary disability retirement, and a state annuity as follows:
(A) Prior to the member’s attainment of the member’s full retirement age for Social Security, the state annuity, together with the member annuity, shall be equal to 1/60 of the member’s average final compensation at the time of their ordinary disability retirement multiplied by the number of years of creditable service at the time of their ordinary disability retirement;
(B) After attainment of the member’s full retirement age for Social Security, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation at the time of their ordinary disability retirement multiplied by the number of years of creditable service at the time of their ordinary disability retirement;
(C) Regardless of age at disability, the ordinary disability retirement allowance shall not be less than 25 percent of the member’s average final compensation at the time of his disability retirement.
(2) Upon ordinary disability retirement, the group I member who has not attained age 60 shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of his ordinary disability retirement; and a state annuity which, together with the member annuity, shall be equal to 1.5 percent of the member’s average final compensation at the time of his ordinary disability retirement multiplied by the number of years of creditable service at that time of his ordinary disability retirement. However, regardless of age at disability, the ordinary disability retirement allowance shall not be less than 25 percent of the member’s average final compensation at the time of his disability retirement.
(c)(1) Upon the application of a group I member in service or of the member’s employer, any member shall be retired by the board of trustees on an accidental disability retirement allowance where the member has been totally and permanently incapacitated for duty as the natural and proximate result of either:
(A) An accident occurring while in the actual performance of duty at some definite time and place; or
(B) Repeated trauma or gradual degeneration occurring while in the actual performance of duty, or arising out of and in the course of employment; or
(C) Any occupational disease arising out of or in the course of employment as defined by N.H. Rev. Stat. § 281-A:2, XI, N.H. Rev. Stat. § 281-A:2, XIII, or N.H. Rev. Stat. § 281-A:17.
(2) The provisions of subparagraph (c)(1) shall apply provided that:
(A) The member is found to be mentally or physically incapacitated for the further performance of duty and that such incapacity is likely to be permanent;
(B) The member did not intend for injury to result from the member’s conduct; and
(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employer’s insurance carrier, or the commissioner of labor pursuant to N.H. Rev. Stat. § 281-A:43.
(3) The member applying pursuant to subparagraph (c)(1) shall have the burden of proving causation before the board of trustees if the member enters into a lump sum settlement of an injury claim that was at any time denied by the employer or the employer’s insurance carrier and not found compensable by final decision of the labor commissioner or the compensation appeals board after hearing pursuant to N.H. Rev. Stat. § 281-A:43. In the case of any lump sum settlement, the board of trustees shall require the member seeking disability retirement benefits to prove by a preponderance of the evidence the existence of a work-related injury of the type described in subparagraph (c)(1)(A)-(C), and also that the work-related injury naturally and proximately resulted in the member’s total and permanent incapacity from duty.
(4) If the board of trustees is unable to grant ordinary or accidental disability retirement benefits after review of medical and factual information submitted by the member and by a physician designated by the board, then the member shall be entitled to a hearing before the board in order to determine whether the member qualifies for disability retirement benefits. The hearing before the board may be designated to a presiding officer. The presiding officer designated by the board shall not be the same person who made an initial disability determination and recommendation to the board based on the medical and factual information submitted by the member and physician as stated above.
(d)(1) Upon accidental disability retirement, the group I member who has attained age 60 shall receive an accidental disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member’s accumulated contributions at the time of his accidental disability retirement, and a state annuity as follows:
(A) Prior to the member’s attainment of the member’s full retirement age for Social Security, the state annuity, together with the member annuity, shall be equal to 1/60 of the member’s average final compensation at the time of their accidental disability retirement multiplied by the number of years of creditable service at the time of their accidental disability retirement;
(B) After attainment of the member’s full retirement age for Social Security, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation at the time of their accidental disability retirement multiplied by the number of years of creditable service at the time of their accidental disability retirement;
(C) Regardless of age at disability, such allowance shall not be less than 50 percent of the member’s average final compensation at the time of his accidental disability retirement.
(2) Upon accidental disability retirement, the group I member who has not attained age 60 shall receive an accidental disability retirement allowance which shall consist of: the member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of his accidental disability retirement; and a state annuity which, together with the member annuity, shall be equal to 50 percent of the member’s average final compensation at the time of his disability retirement.
II. Group II Members.
(a) Upon the application of a group II member in service or of his employer, any such member who has 10 or more years of creditable service may be retired by the board of trustees on an ordinary disability retirement allowance, not less than 30 nor more than 90 days subsequent to the filing of such application; provided that a physician or physicians designated by the board of trustees, after a medical examination of such member, shall certify, and the board shall find, that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired.
(b) Upon ordinary disability retirement, the group II member shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her ordinary disability retirement; and a state annuity which, together with his or her member annuity, for members who are in vested status before January 1, 2012, shall be equal to 2
1/2 percent of his or her average final compensation at the time of ordinary disability retirement multiplied by the number of years of his or her creditable service not in excess of 40 at the time of ordinary disability retirement, or for members who commenced service on or after July 1, 2011, shall be equal to 2 percent of his or her average final compensation at the time of ordinary disability retirement multiplied by the number of years of his or her creditable service not in excess of 42.5 at the time of ordinary disability retirement, and group II members who have not attained vested status prior to January 1, 2012 shall be as provided in the transition provisions in N.H. Rev. Stat. § 100-A:5, II(d) with the maximum number of years of creditable service not in excess of 40.5 years provided, however, that such allowance shall not be less than 25 percent of the member’s final compensation at the time of his or her disability retirement.
(c)(1) Upon the application of a group II member in service or of the member’s employer, any member shall be retired by the board of trustees on an accidental disability retirement allowance where the member has been totally and permanently incapacitated for duty as the natural and proximate result of either:
(A) An accident occurring while in the actual performance of duty at some definite time and place; or
(B) Repeated trauma or gradual degeneration occurring while in the actual performance of duty, or arising out of and in the course of employment; or
(C) Any occupational disease arising out of or in the course of employment as defined by N.H. Rev. Stat. § 281-A:2, XI, N.H. Rev. Stat. § 281-A:2, XIII, or N.H. Rev. Stat. § 281-A:17.
(2) The provisions of subparagraph (c)(1) shall apply provided that:
(A) The member is found to be mentally or physically incapacitated for the further performance of duty and that such incapacity is likely to be permanent;
(B) The member did not intend for injury to result from the member’s conduct; and
(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employer’s insurance carrier, or the commissioner of labor pursuant to N.H. Rev. Stat. § 281-A:43.
(3) The member applying pursuant to subparagraph (c)(1) shall have the burden of proving causation before the board of trustees if the member enters into a lump sum settlement of an injury claim that was at any time denied by the employer or the employer’s insurance carrier and not found compensable by final decision of the labor commissioner or the compensation appeals board after hearing pursuant to N.H. Rev. Stat. § 281-A:43. In the case of any lump sum settlement, the board of trustees shall require the member seeking disability retirement benefits to prove by a preponderance of the evidence the existence of a work-related injury of the type described in subparagraph (c)(1)(A)-(C), and also that the work-related injury naturally and proximately resulted in the member’s total and permanent incapacity from duty.
(4) If the board of trustees is unable to grant ordinary or accidental disability retirement benefits after review of medical and factual information submitted by the member and by a physician designated by the board, then the member shall be entitled to a hearing before the board in order to determine whether the member qualifies for disability retirement benefits. The hearing before the board may be designated to a presiding officer. The presiding officer designated by the board shall not be the same person who made an initial disability determination and recommendation to the board based on the medical and factual information submitted by the member and physician as stated above.
(d) Upon accidental disability retirement, the group II member shall receive an accidental disability retirement allowance equal to
2/3 of his or her average final compensation at the time of disability retirement.
(1) For members who are in vested status before January 1, 2012, any group II member who has more than 26
2/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 2
1/2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service in excess of 26
2/3 but not in excess of 40 years.
(2) For members who commenced service on or after July 1, 2011, any group II member who has more than 33
1/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service in excess of 33
1/3 but not in excess of 42.5 years.
(3) For group II members who have not attained vested status prior to January 1, 2012, calculation of the supplemental allowance shall use the percentage multipliers for the corresponding years of creditable service on January 1, 2012 in the transition provisions in N.H. Rev. Stat. § 100-A:5, II(d) with the range for the number of excess years for the supplement adjusted proportionally.
III. Medical Examination, Gainful Occupation.
(a) Once a year during the first 5 years following the retirement of either a group I or group II member on a disability retirement allowance, and once in every 3-year period thereafter, the board of trustees may, and upon his application shall, require any disability beneficiary who has not attained age 60 to undergo a medical examination by a physician or physicians designated by the board. If any disability beneficiary who has not attained age 60 refuses to submit to such medical examination, his state annuity may be discontinued by the board of trustees until his withdrawal of such refusal, and if his refusal continues for more than one year, all his rights in and to his state annuity may be revoked by the board.
(b)(1) If the board of trustees finds that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the beneficiary’s retirement allowance and the current comparable compensation, then the beneficiary’s state annuity may be reduced to an amount which, together with the member annuity and the annual amount earnable, is equal to the current comparable compensation. Such reduction shall not be made if the disabled beneficiary demonstrates to the satisfaction of the board of trustees that the annual compensation currently earnable does not exceed the difference between the beneficiary’s retirement allowance and the current comparable compensation. If the beneficiary’s earning capacity is later changed, the state annuity may be further modified; provided that the new state annuity shall not exceed the amount of the state annuity originally granted nor an amount which, when added to the amount earnable, together with the member annuity, equals the current comparable compensation. It shall be the responsibility of the disability beneficiary to file with the board of trustees, annually on a date determined by the board, proof of the annual amount of compensation currently earnable and of the current comparable compensation.
(2) For purposes of this subparagraph, “current comparable compensation” means the greatest of:
(A) The annual amount of compensation currently payable for the job classification last held by the beneficiary prior to disability retirement;
(B) The annual amount of compensation payable for the job classification held at the time of disability; or
(C) The beneficiary’s average final compensation increased by an amount for each year since disability retirement calculated using the Consumer Price Index for All Urban Consumers (CPI-U) as determined by the Bureau of Labor Statistics.
(3) [Repealed.]
(4) The provisions of subparagraph (b)(1) shall not apply to a group II accidental disability beneficiary whose total of years of service as a member in group II plus years of accidental disability retirement is at least 20 years, as determined by the board, and who has attained the age of 45. Any such accidental disability beneficiary shall receive retirement allowance benefits under this section without reduction for gainful occupation.
(c) Except for payments made under N.H. Rev. Stat. § 281-A:37 or compensation which is not earnable compensation under N.H. Rev. Stat. § 100-A:1, XVII, any amounts which may be paid or payable to or on account of any member or retired member on account of any disability to which the employer has made contributions under the provisions of any workers’ compensation or similar law or plan shall, in such manner as the board of trustees shall determine, be offset against and payable in lieu of any state annuity on account of the same disability.
(d) The board shall have the authority to recover from any member or retired member who is a disability recipient overpayments made under this section because the disability recipient failed to notify the retirement system when the recipient began to receive workers’ compensation benefits which affect the monthly disability annuity payment from the retirement system.
IV. [Repealed.]
V. The provisions of this paragraph shall apply, notwithstanding any other provision of N.H. Rev. Stat. § 100-A:6 to the contrary. The board of trustees, as the interests of justice may require, may waive the requirement that a group I or group II member be in service at the time application is made for ordinary and accidental disability retirement benefits under this section, provided that application for disability retirement benefits is made within one year of the date the member’s contribution to the New Hampshire retirement system ceases.
(a) Upon the application of a group I member in service or of his employer, any such member who has 10 or more years of creditable service may be retired by the board of trustees on an ordinary disability retirement allowance, not less than 30 nor more than 90 days subsequent to the filing of such application; provided that a physician or physicians designated by the board of trustees, after a medical examination of such member, shall certify, and the board shall find, that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired.
Terms Used In New Hampshire Revised Statutes 100-A:6
- Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a member, any additional contributions, any contributions for purchases under this chapter, together with any amount transferred to the account of the member established pursuant to this system from the respective account of said member under one or more of the predecessor systems, with interest thereon, as provided in N. See New Hampshire Revised Statutes 100-A:1
- Actuarial equivalent: shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the board of trustees. See New Hampshire Revised Statutes 100-A:1
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Average final compensation: shall mean :
(a) For members who have attained vested status prior to January 1, 2012, the average annual earnable compensation of a member during his or her highest 3 years of creditable service, or during all of the years in his or her creditable service if less than 3 years. See New Hampshire Revised Statutes 100-A:1 - Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: shall mean any person receiving a retirement allowance or other benefit as provided herein. See New Hampshire Revised Statutes 100-A:1
- board: shall mean the board provided for in N. See New Hampshire Revised Statutes 100-A:1
- Board of trustees: or "board" shall mean the board provided for in N. See New Hampshire Revised Statutes 100-A:1
- Creditable service: shall mean prior service plus membership service, as provided in N. See New Hampshire Revised Statutes 100-A:1
- Earnable compensation: shall mean :
(a) For members who have attained vested status prior to January 1, 2012 the full base rate of compensation paid, as determined by the employer, plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, annual attendance stipend or bonus, additional pay for extracurricular and instructional activities for full-time teachers and full-time employees who are employed in paraprofessional or support position, additional pay for instructional activities of full-time faculty of the community college system, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except cash incentives paid by an employer to encourage members to retire, supplemental pay paid by the employer while the member is receiving workers' compensation, and teacher development pay that is not part of the contracted annual salary. See New Hampshire Revised Statutes 100-A:1 - Employer: shall mean (a) the state or any department, commission, institution, or agency of the state government by which an employee is paid through the office of the state treasurer with respect to their employees, (b) the state, the local school district, or other employers of teachers eligible for membership in the system with respect to the teachers in their employ, (c) any police department or police force of the state, or of any county, city, town, village, or precinct in the state with respect to the permanent policemen in their employ, (d) any fire department of the state, or of any county, city, town, village, or precinct in the state with respect to the permanent firemen in their employ, (e) any political subdivision that has elected to participate under N. See New Hampshire Revised Statutes 100-A:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Group I members: shall mean employees and teachers. See New Hampshire Revised Statutes 100-A:1
- Group II members: shall mean permanent policemen and permanent firemen. See New Hampshire Revised Statutes 100-A:1
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Member: shall mean any person included in the membership of the retirement system, as provided in N. See New Hampshire Revised Statutes 100-A:1
- Member annuity: shall mean annual payments for life derived from the accumulated contributions of the member. See New Hampshire Revised Statutes 100-A:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions hereof. See New Hampshire Revised Statutes 100-A:1
- Retirement allowance: shall mean the sum of the member annuity and the state annuity. See New Hampshire Revised Statutes 100-A:1
- Retirement system: shall mean the New Hampshire Retirement System as defined in N. See New Hampshire Revised Statutes 100-A:1
- Service: shall mean service as an employee, a teacher, a permanent policeman or a permanent fireman which is paid for by an employer. See New Hampshire Revised Statutes 100-A:1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: shall mean the state of New Hampshire. See New Hampshire Revised Statutes 100-A:1
- State annuity: shall mean annual payments for life derived from contributions by an employer. See New Hampshire Revised Statutes 100-A:1
(b)(1) Upon ordinary disability retirement, the group I member who has attained age 60 shall receive an ordinary disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member’s accumulated contributions at the time of his ordinary disability retirement, and a state annuity as follows:
(A) Prior to the member’s attainment of the member’s full retirement age for Social Security, the state annuity, together with the member annuity, shall be equal to 1/60 of the member’s average final compensation at the time of their ordinary disability retirement multiplied by the number of years of creditable service at the time of their ordinary disability retirement;
(B) After attainment of the member’s full retirement age for Social Security, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation at the time of their ordinary disability retirement multiplied by the number of years of creditable service at the time of their ordinary disability retirement;
(C) Regardless of age at disability, the ordinary disability retirement allowance shall not be less than 25 percent of the member’s average final compensation at the time of his disability retirement.
(2) Upon ordinary disability retirement, the group I member who has not attained age 60 shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of his ordinary disability retirement; and a state annuity which, together with the member annuity, shall be equal to 1.5 percent of the member’s average final compensation at the time of his ordinary disability retirement multiplied by the number of years of creditable service at that time of his ordinary disability retirement. However, regardless of age at disability, the ordinary disability retirement allowance shall not be less than 25 percent of the member’s average final compensation at the time of his disability retirement.
(c)(1) Upon the application of a group I member in service or of the member’s employer, any member shall be retired by the board of trustees on an accidental disability retirement allowance where the member has been totally and permanently incapacitated for duty as the natural and proximate result of either:
(A) An accident occurring while in the actual performance of duty at some definite time and place; or
(B) Repeated trauma or gradual degeneration occurring while in the actual performance of duty, or arising out of and in the course of employment; or
(C) Any occupational disease arising out of or in the course of employment as defined by N.H. Rev. Stat. § 281-A:2, XI, N.H. Rev. Stat. § 281-A:2, XIII, or N.H. Rev. Stat. § 281-A:17.
(2) The provisions of subparagraph (c)(1) shall apply provided that:
(A) The member is found to be mentally or physically incapacitated for the further performance of duty and that such incapacity is likely to be permanent;
(B) The member did not intend for injury to result from the member’s conduct; and
(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employer’s insurance carrier, or the commissioner of labor pursuant to N.H. Rev. Stat. § 281-A:43.
(3) The member applying pursuant to subparagraph (c)(1) shall have the burden of proving causation before the board of trustees if the member enters into a lump sum settlement of an injury claim that was at any time denied by the employer or the employer’s insurance carrier and not found compensable by final decision of the labor commissioner or the compensation appeals board after hearing pursuant to N.H. Rev. Stat. § 281-A:43. In the case of any lump sum settlement, the board of trustees shall require the member seeking disability retirement benefits to prove by a preponderance of the evidence the existence of a work-related injury of the type described in subparagraph (c)(1)(A)-(C), and also that the work-related injury naturally and proximately resulted in the member’s total and permanent incapacity from duty.
(4) If the board of trustees is unable to grant ordinary or accidental disability retirement benefits after review of medical and factual information submitted by the member and by a physician designated by the board, then the member shall be entitled to a hearing before the board in order to determine whether the member qualifies for disability retirement benefits. The hearing before the board may be designated to a presiding officer. The presiding officer designated by the board shall not be the same person who made an initial disability determination and recommendation to the board based on the medical and factual information submitted by the member and physician as stated above.
(d)(1) Upon accidental disability retirement, the group I member who has attained age 60 shall receive an accidental disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member’s accumulated contributions at the time of his accidental disability retirement, and a state annuity as follows:
(A) Prior to the member’s attainment of the member’s full retirement age for Social Security, the state annuity, together with the member annuity, shall be equal to 1/60 of the member’s average final compensation at the time of their accidental disability retirement multiplied by the number of years of creditable service at the time of their accidental disability retirement;
(B) After attainment of the member’s full retirement age for Social Security, the state annuity, together with the member annuity, shall be equal to 1/66 of the member’s average final compensation at the time of their accidental disability retirement multiplied by the number of years of creditable service at the time of their accidental disability retirement;
(C) Regardless of age at disability, such allowance shall not be less than 50 percent of the member’s average final compensation at the time of his accidental disability retirement.
(2) Upon accidental disability retirement, the group I member who has not attained age 60 shall receive an accidental disability retirement allowance which shall consist of: the member annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the time of his accidental disability retirement; and a state annuity which, together with the member annuity, shall be equal to 50 percent of the member’s average final compensation at the time of his disability retirement.
II. Group II Members.
(a) Upon the application of a group II member in service or of his employer, any such member who has 10 or more years of creditable service may be retired by the board of trustees on an ordinary disability retirement allowance, not less than 30 nor more than 90 days subsequent to the filing of such application; provided that a physician or physicians designated by the board of trustees, after a medical examination of such member, shall certify, and the board shall find, that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired.
(b) Upon ordinary disability retirement, the group II member shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her ordinary disability retirement; and a state annuity which, together with his or her member annuity, for members who are in vested status before January 1, 2012, shall be equal to 2
1/2 percent of his or her average final compensation at the time of ordinary disability retirement multiplied by the number of years of his or her creditable service not in excess of 40 at the time of ordinary disability retirement, or for members who commenced service on or after July 1, 2011, shall be equal to 2 percent of his or her average final compensation at the time of ordinary disability retirement multiplied by the number of years of his or her creditable service not in excess of 42.5 at the time of ordinary disability retirement, and group II members who have not attained vested status prior to January 1, 2012 shall be as provided in the transition provisions in N.H. Rev. Stat. § 100-A:5, II(d) with the maximum number of years of creditable service not in excess of 40.5 years provided, however, that such allowance shall not be less than 25 percent of the member’s final compensation at the time of his or her disability retirement.
(c)(1) Upon the application of a group II member in service or of the member’s employer, any member shall be retired by the board of trustees on an accidental disability retirement allowance where the member has been totally and permanently incapacitated for duty as the natural and proximate result of either:
(A) An accident occurring while in the actual performance of duty at some definite time and place; or
(B) Repeated trauma or gradual degeneration occurring while in the actual performance of duty, or arising out of and in the course of employment; or
(C) Any occupational disease arising out of or in the course of employment as defined by N.H. Rev. Stat. § 281-A:2, XI, N.H. Rev. Stat. § 281-A:2, XIII, or N.H. Rev. Stat. § 281-A:17.
(2) The provisions of subparagraph (c)(1) shall apply provided that:
(A) The member is found to be mentally or physically incapacitated for the further performance of duty and that such incapacity is likely to be permanent;
(B) The member did not intend for injury to result from the member’s conduct; and
(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employer’s insurance carrier, or the commissioner of labor pursuant to N.H. Rev. Stat. § 281-A:43.
(3) The member applying pursuant to subparagraph (c)(1) shall have the burden of proving causation before the board of trustees if the member enters into a lump sum settlement of an injury claim that was at any time denied by the employer or the employer’s insurance carrier and not found compensable by final decision of the labor commissioner or the compensation appeals board after hearing pursuant to N.H. Rev. Stat. § 281-A:43. In the case of any lump sum settlement, the board of trustees shall require the member seeking disability retirement benefits to prove by a preponderance of the evidence the existence of a work-related injury of the type described in subparagraph (c)(1)(A)-(C), and also that the work-related injury naturally and proximately resulted in the member’s total and permanent incapacity from duty.
(4) If the board of trustees is unable to grant ordinary or accidental disability retirement benefits after review of medical and factual information submitted by the member and by a physician designated by the board, then the member shall be entitled to a hearing before the board in order to determine whether the member qualifies for disability retirement benefits. The hearing before the board may be designated to a presiding officer. The presiding officer designated by the board shall not be the same person who made an initial disability determination and recommendation to the board based on the medical and factual information submitted by the member and physician as stated above.
(d) Upon accidental disability retirement, the group II member shall receive an accidental disability retirement allowance equal to
2/3 of his or her average final compensation at the time of disability retirement.
(1) For members who are in vested status before January 1, 2012, any group II member who has more than 26
2/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 2
1/2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service in excess of 26
2/3 but not in excess of 40 years.
(2) For members who commenced service on or after July 1, 2011, any group II member who has more than 33
1/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service in excess of 33
1/3 but not in excess of 42.5 years.
(3) For group II members who have not attained vested status prior to January 1, 2012, calculation of the supplemental allowance shall use the percentage multipliers for the corresponding years of creditable service on January 1, 2012 in the transition provisions in N.H. Rev. Stat. § 100-A:5, II(d) with the range for the number of excess years for the supplement adjusted proportionally.
III. Medical Examination, Gainful Occupation.
(a) Once a year during the first 5 years following the retirement of either a group I or group II member on a disability retirement allowance, and once in every 3-year period thereafter, the board of trustees may, and upon his application shall, require any disability beneficiary who has not attained age 60 to undergo a medical examination by a physician or physicians designated by the board. If any disability beneficiary who has not attained age 60 refuses to submit to such medical examination, his state annuity may be discontinued by the board of trustees until his withdrawal of such refusal, and if his refusal continues for more than one year, all his rights in and to his state annuity may be revoked by the board.
(b)(1) If the board of trustees finds that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the beneficiary’s retirement allowance and the current comparable compensation, then the beneficiary’s state annuity may be reduced to an amount which, together with the member annuity and the annual amount earnable, is equal to the current comparable compensation. Such reduction shall not be made if the disabled beneficiary demonstrates to the satisfaction of the board of trustees that the annual compensation currently earnable does not exceed the difference between the beneficiary’s retirement allowance and the current comparable compensation. If the beneficiary’s earning capacity is later changed, the state annuity may be further modified; provided that the new state annuity shall not exceed the amount of the state annuity originally granted nor an amount which, when added to the amount earnable, together with the member annuity, equals the current comparable compensation. It shall be the responsibility of the disability beneficiary to file with the board of trustees, annually on a date determined by the board, proof of the annual amount of compensation currently earnable and of the current comparable compensation.
(2) For purposes of this subparagraph, “current comparable compensation” means the greatest of:
(A) The annual amount of compensation currently payable for the job classification last held by the beneficiary prior to disability retirement;
(B) The annual amount of compensation payable for the job classification held at the time of disability; or
(C) The beneficiary’s average final compensation increased by an amount for each year since disability retirement calculated using the Consumer Price Index for All Urban Consumers (CPI-U) as determined by the Bureau of Labor Statistics.
(3) [Repealed.]
(4) The provisions of subparagraph (b)(1) shall not apply to a group II accidental disability beneficiary whose total of years of service as a member in group II plus years of accidental disability retirement is at least 20 years, as determined by the board, and who has attained the age of 45. Any such accidental disability beneficiary shall receive retirement allowance benefits under this section without reduction for gainful occupation.
(c) Except for payments made under N.H. Rev. Stat. § 281-A:37 or compensation which is not earnable compensation under N.H. Rev. Stat. § 100-A:1, XVII, any amounts which may be paid or payable to or on account of any member or retired member on account of any disability to which the employer has made contributions under the provisions of any workers’ compensation or similar law or plan shall, in such manner as the board of trustees shall determine, be offset against and payable in lieu of any state annuity on account of the same disability.
(d) The board shall have the authority to recover from any member or retired member who is a disability recipient overpayments made under this section because the disability recipient failed to notify the retirement system when the recipient began to receive workers’ compensation benefits which affect the monthly disability annuity payment from the retirement system.
IV. [Repealed.]
V. The provisions of this paragraph shall apply, notwithstanding any other provision of N.H. Rev. Stat. § 100-A:6 to the contrary. The board of trustees, as the interests of justice may require, may waive the requirement that a group I or group II member be in service at the time application is made for ordinary and accidental disability retirement benefits under this section, provided that application for disability retirement benefits is made within one year of the date the member’s contribution to the New Hampshire retirement system ceases.