§ 466. Coordination of disability retirement benefits with workers’ compensation benefits

(a) Disability pension and annuity retirement benefits payable under this chapter shall not commence until workers’ compensation benefits have been exhausted under 21 V.S.A. § 642 or 646.

(b) Notwithstanding subsection (a) of this section, disability retirement benefits payable under this chapter shall be paid to a member who applies for and meets all of the eligibility criteria for disability retirement under section 460 or 461 of this title, has filed a claim for temporary disability workers’ compensation benefits under 21 V.S.A. § 642 or 646, and for whom no such benefits have been or are being paid pursuant to any of these sections. If the disability retiree receives temporary workers’ compensation benefits pursuant to 21 V.S.A. § 642 or 646, disability retirement pension and annuity benefit payments shall cease immediately and the retiree shall be immediately restored to his or her employment position and status as existed immediately preceding separation from service as an employee, including restoration of all benefits that existed at that time. Acceptance of disability retirement benefits prior to being restored to State service shall not act as a waiver under subsection (d) of this section.

(c) No employee shall concurrently receive both disability retirement benefits payable under this chapter and workers’ compensation benefits payable under section 21 V.S.A. § 642 or 646. If an employee receives disability retirement pension and annuity benefits and later receives an award for temporary disability workers’ compensation benefits for the same period, the Vermont State Retirement System shall have a lien against any retroactive workers’ compensation award under 21 V.S.A. § 642 or 646 for the same period that the employee received disability retirement benefits in the amount of the disability retirement pension and annuity benefits paid. Any recovery under 21 V.S.A. § 642 or 646 against the employer or the employer’s workers’ compensation insurance carrier shall, after deducting expenses of recovery, reimburse the Vermont State Retirement System for disability retirement pension and annuity benefits for all retroactive periods of time included in the recovery. The State Treasurer shall notify the Department of Buildings and General Services when a disability retirement application is approved for an employee who has filed a workers’ compensation claim. The Department of Buildings and General Services or its workers’ compensation insurance carrier shall notify the State Treasurer of commencement or termination of any workers’ compensation payments or awards to an employee who has been reported by the State Treasurer as eligible to receive disability retirement benefits.

(d) An employee who chooses to accept disability retirement benefits payable under this chapter, except as otherwise described under this section and subsection (b) of this section, shall waive any claim for benefits in excess of 330 weeks under 21 V.S.A. §§ 644 and 645. Under this subsection, an employee may receive permanent disability benefits under 21 Vt. Stat. Ann. chapter 9 and disability retirement benefits under this chapter simultaneously for up to 330 weeks. Prior to actual payment of disability retirement benefits, the disability retiree shall make an election of what benefit he or she wants to receive after 330 weeks by indicating on a form provided by the State Treasurer at the time of application. The form shall advise the disability retiree in conspicuous print that he or she may wish to consult with legal counsel prior to making the election. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 78, § 16; 2005, No. 150 (Adj. Sess.), § 2.)