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MEMBER HANDBOOKTEACHERS’ AND STATE EMPLOYEES’RETIREMENT SYSTEM AND THE OPTIONALRETIREMENT PROGRAMSECTION 1OVERVIEW OF PLAN 4What is a Disability? 4Benefits Available under DIPNC 5SECTION 260-DAY WAITING PERIOD 6SECTION 3SHORT-TERM DISABILITY BENEFITS 7Short-Term Eligibility Requirements 7Short-Term Benefit Amount 8Salary Continuation During the Short-Term Period 8Short-Term Disability Benefit Offsets 8Earnings During Short-Term Period 9Trial Rehabilitation During Short-Term Period 9Preliminary Long-Term Disability Retirement 9SECTION 4EXTENDED SHORT-TERM DISABILITY BENEFITS 10SECTION 5LONG-TERM DISABILITY BENEFITS 11Long-Term Eligibility Requirements 11Long-Term Benefit Amount 12Length of Long-Term Benefits 12Benefit Limitations 12Waiver of Long-Term Disability Benefits 13Salary Continuation During the Long-Term Period 13Trial Rehabilitation During Long-Term Disability 13Earnings During Long-Term Disability 14Report of Earnings 14Long-Term Disability Benefit Offsets 15Restrictions 15DISCLAIMER: The availability and amount of all benefits you might be eligibleto receive is governed by North Carolina law. The information provided inthis handbook cannot alter, modify or otherwise change the controlling NorthCarolina law or other governing legal documents in any way, nor can any rightJANUARY 2019accrue to you by reason of any information provided or omission of informationprovided herein. In the event of a conflict between this information and NorthCarolina law, North Carolina law governs.Your DIPNC Benefits2
CONTINUEDSECTION 6HEALTH COVERAGE 16SECTION 7HOW TO APPLY FOR DIPNC BENEFITS 17SECTION 8DIPNC BENEFIT INCREASES 19SECTION 9MEDICAL BOARD RE-EXAMINATION 19SECTION 10INCOME TAX 20SECTION 11DEATH BENEFITS 21Return of Contributions 21Survivor’s Alternate Benefit 21SECTION 12CONVERTING TO A SERVICE RETIREMENT 22Benefits of Converting 22SECTION 13TSERS DISABILITY RETIREMENT 23SECTION 14ADMINISTRATION 24SECTION 15RESOURCES AND CONTACTS 25DISCLAIMER: The availability and amount of all benefits you might be eligibleto receive is governed by North Carolina law. The information provided inthis handbook cannot alter, modify or otherwise change the controlling NorthCarolina law or other governing legal documents in any way, nor can any rightJANUARY 2019accrue to you by reason of any information provided or omission of informationprovided herein. In the event of a conflict between this information and NorthCarolina law, North Carolina law governs.Your DIPNC Benefits3
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 1:Overview of the PlanThe Disability Income Plan of North Carolina (DIPNC),is administered by the Department of State Treasurerfor North Carolina public employees.This handbook is designed to provide you with information about the disability benefits available to you as amember of the Teachers’ and State Employees’ Retirement System or the Optional Retirement Program.This handbook is just one of the disability resourcematerials available to you. Please visit the GovernmentBenefit Recipient section on our website, www.MyNCRetirement.com, to enhance your knowledge of yourdisability benefits and the process of applying for andmaintaining your benefits.The Disability Income Plan of North Carolina (DIPNC)provides monthly replacement income to you in theform of short-term, extended short-term and long-termdisability benefits if you become disabled while you are a permanent employee under the Teachers’ and StateEmployees’ Retirement System (TSERS) or a participant of the UNC Optional Retirement Program (ORP), andyou meet certain eligibility requirements described in this handbook.If you are a disabled TSERS member who has five or more years of maintained TSERS retirement membership service credit before January 1, 1988, you may be eligible for TSERS disability retirement benefits insteadof DIPNC benefits. (See page 23)What is a Disability?Under DIPNC, disability is defined as the mental or physical incapacity for the further performance of yourusual occupation, provided that such disability was not the result of terrorist activity, active participation in ariot, committing or attempting to commit a felony or an intentional self-inflicted injury.JANUARY 2019Your DIPNC Benefits4
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 1:Overview of the PlanBenefits Available under DIPNCAfter a required 60-day waiting period (see page 6), if you meet all eligibility requirements, you may be eligibleto receive one of the following types of monthly DIPNC benefits:BenefitLength (if you meet all eligibility requirements)Short-termUp to 365 days after the 60-day waiting perioddisability benefitsExtendedUp to 365 additional days after the last day of your short-term disabilityshort-termbenefits, if your disability is likely to be temporarydisability benefitsLong-termAfter your short-term disability benefits period, if your disability isdisability benefits likely to be permanent, long-term disability benefits may be payable.If you meet all requirements, benefits will be available to you upto the date you would have become eligible for TSERS unreducedservice retirement benefits if you had remained in service underTSERS.NOTE: If you had less than five years of TSERS or ORP membershipservice as of July 31, 2007, your long-term benefits will end after youhave received 36 long-term disability benefit payments. If, however, youare approved for Social Security disability benefits, your DIPNC long-termdisability coverage will continue.JANUARY 2019Your DIPNC Benefits5
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 2:60-Day Waiting Period The day following at least 365 calendar daysof employment as a state teacher or state employee (for example, if you are first employedon January 1, 2017, and are certified asdisabled on December 20, 2017, the waitingperiod would begin on January 1, 2018).During the waiting period, you may return to work inany capacity for any part of a given day for trial rehabilitation. These trial periods may not be more thanfive continuous days of service. If you return to workfor less than five continuous days, it will not cause anew waiting period to begin, but will extend the waitingperiod by the number of days you returned to work. Areturn to work for more than five continuous workdayswill cause a new waiting period to begin.Benefits under DIPNC may begin after a mandatory60-calendar-day waiting period. During this waitingperiod, you may use all of your accumulated sickleave, vacation leave or any other salary continuationprovided by your employer. The exhaustion of leavedoes not change your date of disability or the beginning date of the waiting period.The first day of the 60-day waiting period will be thelater of the following: The day after your last day of actual service,provided your physician certifies you to be disabled as of your last day of actual service. The day the disabling event occurred, as certified by your physician, if your disabling eventoccurred on a day later than your last day ofactual service, provided you were in a pay status as of the last day you exhausted leave. The day the disabling event occurred, as certified by your physician, if your disabling eventoccurred on a day other than a normal workday (e.g., a Saturday or Sunday, or for publicschool teachers, a day during the summermonths).JANUARY 2019Your DIPNC Benefits6
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 3:Short-Term Disability BenefitsShort-Term Eligibility RequirementsShort-term disability benefits are payable after the conclusion of the 60-day waiting period, and thereforegenerally begin on the 61st day of disability. Short-term disability benefits are paid for up to 365 calendar days,provided you meet all of the following requirements: You must apply within 365 days following the first day of the 60-day waiting period. You have at least one year of TSERS or ORP membership service earned within the 36 calendar monthsimmediately preceding your disability. You are determined to be mentally or physically disabled for the further performance of your usualoccupation. Your disability was incurred at the time of active employment. Your disability has been continuous.If your membership service within the 36 calendar months immediately preceding the date of disability wasinterrupted for military service, you will be eligible for short-term disability benefits, provided you meet all otherrequirements.Short-term disability benefits are paid by your employer; therefore, you should contact your employer to applyfor benefits, or with questions about health coverage. The determination of disability and eligibility for shortterm benefits is generally made by your employer and physician. However, either you or your employer mayrequest a determination of disability by the Retirement Systems’ Medical Board.There is no waiting period if you are not eligible.JANUARY 2019Your DIPNC Benefits7
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 3:Short-Term Disability BenefitsShort-Term Benefit AmountThe monthly short-term benefit is equal to 50 percentof 1/12 of your annual base salary that you receivedright before the short-term benefit period. This includes longevity and local supplements, if any, and issubject to a monthly maximum of 3,000. These benefits are also subject to certain offsets or reductionsfor benefits received from other disability programs.Exampleof aShort-TermDisabilityBenefitAnnual Base Salary 36,00050% x 36,000 12 1,500per month(if no offsets apply)Any short-term disability benefits paid during the firstsix months after the date of disability are subject toFICA (Social Security) taxes. Short-term disabilitypayments made more than six months after the lastcalendar month you worked are not subject to FICAtaxes. For example, if you last worked in December2017, any short-term disability payments made before June 30, 2018, would be subject to FICA taxes.Short-TermDisability BenefitOffsetsYour DIPNC benefitmay be subject toan offset. An “offset” is a reductionin the amount ofyour DIPNC benefit based on theamount of anotherbenefit that you arereceiving or thatyou may be eligibleto receive. Statelaw requires yourDIPNC short-term and extended short-term benefitsbe reduced by: An amount equal to your Workers’ Compensa-Salary Continuation During the Short-TermPeriod Instead of receiving short-term disability benefits, youmay choose to use all of your accumulated sick leave,vacation leave or any other salary continuation provided by your employer. If you choose this option, itwill not extend the 365-day duration of the short-termbenefit period. If you elect to receive salary continuation for any part of a given day, this election will takethe place of any short-term benefit that would havebeen payable for that day. An election to receive alump-sum payout for vacation leave is treated as ifyou had exhausted the leave. JANUARY 2019 tion Temporary Total Disability Benefits, if youare receiving this workers’ compensation benefit due to a disability incurred during the sameperiod of state employment as the disabilityrelated to your DIPNC benefit.An amount equal to your Veterans Administration benefit if based on the same disability asyour DIPNC benefit.An amount equal to other federal disabilitybenefits or certain North Carolina militarybenefits if based on the same disability as yourDIPNC benefit.Excess monthly earnings (see Earnings DuringShort-Term Period below).Severance pay as a result of reduction-in-forcefrom the state.Your DIPNC Benefits8
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 3:Short-Term Disability BenefitsEarnings During Short-Term PeriodWhile receiving short-term disability benefits, on a monthly basis, you may earn up to the same amount asyour short-term benefit amount from any public or private employer without affecting your short-term benefit. Ifyou earn more than this amount, your short-term benefit will be reduced dollar for dollar by the amount of yourexcess earnings.Trial Rehabilitation During Short-Term PeriodTrial rehabilitation during the short-term period is defined as a return to service in the same capacity thatexisted prior to the disability. Short-term disability benefits stop if you return to your usual occupation. If youreturn to service for trial rehabilitation during the short-term period, a new waiting period will not begin unlessyour return to service exceeds 40 continuous days or a different disability occurs. Any period of rehabilitativeemployment will not extend the short-term disability period.Preliminary Long-Term Disability DeterminationA preliminary long-term disability determination by the Retirement Systems Division’s Medical Board may berequested by you or your employer to obtain approval for up to the entire 365 days of your short-term disabilityperiod, if your disability is likely to be permanent. Preliminary long-term approval by the Medical Board doesnot represent approval for long-term disability benefits. You must later apply for, and be approved for, long-termdisability benefits even if the Medical Board approved you for preliminary long-term disability benefits.JANUARY 2019Your DIPNC Benefits9
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 4:Extended Short-Term Disability BenefitsShort-term disability benefits may be extended for amaximum of 365 days beyond the short-term periodin cases where the Retirement Systems’ MedicalBoard finds that the disability is ongoing but is likelyto end during the extended period. You must complete an application for extended short-term disabilitybenefits and forward the application and the appropriate medical documentation to the Retirement Systems Division. Extended short-term disability benefitsare paid by the Retirement Systems Division.Your monthly extended short-term disability benefitis equal to 50 percent of 1/12 of the annual basesalary that you received right before the short-termbenefit period. This includes longevity and localsupplements, if any, subject to a monthly maximumof 3,000. These benefits are also subject to certainoffsets or reductions for benefits received from otherdisability programs (see Short-Term Disability BenefitOffsets on page 8).The same eligibility requirements, benefit calculations, offsets and earnings restrictions that apply toshort-term disability benefits also apply to extendedshort-term disability benefits.Example ofan ExtendedShort-TermDisabilityBenefitAnnual Base Salary 48,00050% x 48,000 12 2,000per month(if no offsets apply)JANUARY 2019Your DIPNC Benefits10
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 5:Long-Term Disability Benefits Your disability has been continuous, is likelypermanent, and was incurred at the time of active employment. You terminate employment as a permanentfull-time teacher or state employee. (For TSERS members only) You do not meetthe eligibility requirements to receive an unreduced TSERS service retirement benefit. (For ORP members only) You have notreached the date when a service retirementbenefit would be first available to you had youelected to be a TSERS member.Long-Term Eligibility RequirementsLong-term disability benefits are payable after theconclusion of the short-term disability period or aftersalary continuation payments cease, whichever islater. Long-term benefits may be payable for as longas you are permanently disabled, provided you meetall of the following requirements: You have at least five years of TSERS orORP membership service earned within the96 calendar months immediately before theend of the short-term disability period, or thecompletion of salary continuation payments,whichever is later. You apply to receive long-term benefits within180 days after the conclusion of the shortterm disability period, after salary continuationpayments cease, or after monthly paymentsfor Workers’ Compensation cease (excludingmonthly pay for permanent partial benefits),whichever is later. You are certified by the Retirement Systems’Medical Board to be mentally or physically disabled for the further performance of your usualoccupation.JANUARY 2019Long-term disability benefits are paid by the Retirement Systems Division (RSD). The determinationof disability and eligibility for long-term benefits willbe made by the RSD’s Medical Board. The MedicalBoard may not determine any person to be eligiblefor long-term benefits who is in receipt of any payments due to the same disability that existed uponentrance into membership in the Retirement System.If you had less than five years of TSERS or ORPmembership service as of July 31, 2007, yourlong-term benefits will end after you received36 long-term disability benefit payments unlessyou have been approved for Social Security disability benefits.Your DIPNC Benefits11
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 5:Long-Term Disability BenefitsLong-Term Benefit AmountAs long as you are eligible to receive long-term disability benefits, your gross monthly benefit before any offsets (see page 15) is equal to 65 percent of 1/12 of the annual base salary that you received right before thelong-term benefit period, including longevity and local supplements, if any. The maximum monthly long-termbenefit is 3,900. Long-term disability benefits are subject to certain offsets or reductions for Social Securitybenefits and for disability benefits received from other programs (see Long-Term Offsets on page 15). Theserequired offsets will cause your DIPNC long-term benefit to be reduced. The minimum monthly long-termbenefit is 10.Exampleof aLong-TermDisabilityBenefitAnnual Base Salary 42,00065% x 42,000 12 2,275per month(if no offsets apply)Length of Long-Term BenefitsYour long-term disability benefits will end: If a medical professional does not continue to certify your disability when a re-examination is requested by the Medical Board.In most cases, if you return to work as a contributing TSERS or ORP member.After you have received 36 long-term disability benefit payments, if you had less than five years ofmembership service as of July 31, 2007, and you have not been approved for Social Security disabilitybenefits.When you become eligible for an unreduced service retirement benefit (see page 22).At your death.Benefit Limitations After four years from the end of the waiting period, if you are not receiving Social Security disability benefits and if you had five or more years of membership service as of July 31, 2007, your long-term benefit will be reduced by an estimated amount equal to what you might have been entitled had you beenawarded Social Security disability benefits. If you had less than five years of membership service as of July 31, 2007, your long-term benefits andState Health Plan coverage will end after you have received 36 long-term disability benefit paymentsunless you have been approved for Social Security disability benefits.If your long-term benefit is suspended because you are not receiving a primary Social Security disability benefit, it may be restored if the Social Security Administration grants retroactive approval for primary Social Security disability benefits with a benefit effective date within the first 36 months of the long-term disability period.JANUARY 2019Your DIPNC Benefits12
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 5:Long-Term Disability BenefitsIn this event, thelong-term disability benefit will berestored retroactively to thedate the benefitwas suspended.However, yourState Health Plancoverage will notbe reinstatedretroactively.See page 16 foreffects on yourhealth coverage ifyour DIPNC benefit is suspended.State law requires yourDIPNC long-termdisability benefit to be offset dollar for dollar by theamount of your Social Security benefit, so when youreceive an increase in your Social Security benefit,your DIPNC long-term disability benefit will be decreased by the same amount. This change is usuallymade in your January long-term disability benefit.Waiver of Long-Term Disability BenefitsIf you have applied for, and been approved for, longterm disability benefits, you may make an irrevocableelection to forfeit the long-term disability benefitsand: Retire on an early service retirement allowanceeffective on the first day of the month after theend of the short-term period, provided all otherrequirements for early service retirement havebeen met, or Receive a return of accumulated contributionsfrom the Retirement Systems.JANUARY 2019This election must be made within 90 days of thedate of notification of the approval for long-term disability benefits and before you receive any long-termdisability benefit payments.Salary Continuation During the Long-TermPeriodInstead of receiving long-term disability benefits,you may choose to use all of your accumulated sickleave, vacation leave or any other salary continuation provided by your employer. This election will notextend the first 36 consecutive months of the longterm disability period. If you elect to receive salarycontinuation for any part of a given day, this election will take the place of any short-term benefit thatwould have been payable for that day. An electionto receive a lump-sum payment for vacation leave istreated as if you had exhausted the leave and is inlieu of any long-term benefits otherwise payable.Trial Rehabilitation During Long-TermDisabilityTrial rehabilitation during the long-term disabilityperiod is defined as returning to work in any capacity with any employer participating in TSERS if yoursalary earned is equal to or greater than the salaryon which your long-term benefit is based. Duringperiods of trial rehabilitation, your long-term disabilitybenefits will be suspended.If you are unable to continue with re-employmentbecause of the same disability or a new disablingcondition, your long-term disability benefit may berestored without a waiting period or new short-termdisability period if: Your return to service was not longer than36 continuous months, andYour DIPNC Benefits13
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 5:Long-Term Disability Benefits the Retirement Systems’ Medical Board certi-fies that you are disabled according to the lawsthat were in effect at the time of your originalapproval for long-term disability.If your trial rehabilitation period exceeds 36 continuous months, and you are unable to continue withreemployment because of the same disability or anew disabling condition, you will be required to reapply for short-term disability and a new 60-day waiting period will be imposed. Any later disability will betreated as a new condition requiring a new waitingperiod and a new short-term disability period.Earnings During Long-Term DisabilityIf you accept public or private employment while youare receiving long-term benefits, there are limits tothe amount you may earn each month without affecting your long-term benefit. You may earn up to thedifference between the monthly base rate of salaryon which your long-term benefit is calculated and theamount of your monthly long-term benefit after anyrequired offsets. If you earn more than this amount,your long-term benefit will be reduced dollar for dollar by the amount of your excess earnings.You should contact the Retirement Systems Divisionfor the monthly amount you are allowed to earn.Report of EarningsState law requires each DIPNC long-term disabilitybenefit recipient to complete and submit a Statementof Income form to report earnings from employmentand/or benefits from certain other sources each yearto the Retirement Systems Division. This form ismailed annually to each plan recipient. The plan mayrequire other statements of monthly earnings as necessary. If you exceed the monthly allowable earningslimitations, you must notify the plan of the amount ofthe excess monthly earnings by the fifth of the monthafter the month in which the earnings were received.Failure to report excess monthly earnings may resultin a suspension or termination of your DIPNC benefitand State Health Plan coverage. See page 16 for effects on your health coverage if your DIPNC benefitis suspended.If you receive more benefits than you are entitled to(know as an “overpayment”), you will be responsiblefor paying back that amount. By law, the RetirementSystems Division is required to notify the Departmentof Revenue of anyone who receives an overpayment. Future state tax refunds or lottery winningsthat you receive will be sent to the Retirement Systems Division to pay down your overpayment debt.If you exceed your earnable allowance limit you willbe required to repay the excess. The RetirementSystems Division will calculate the amount of youroverpayment and inform you in writing of your overpayment amount and your repayment options forreimbursing the Retirement Systems Division.JANUARY 2019Your DIPNC Benefits14
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 5:Long-Term Disability BenefitsLong-Term Disability Benefit OffsetsYour DIPNC benefit may be subject to an offset. An “offset” is a reduction in the amount of your DIPNC benefitbased on the amount of another benefit that you are receiving or that you may be eligible to receive.State law requires your DIPNC long-term benefits be reduced by: An amount equal to your Workers’ Compensation Disability Benefits, if you are receiving this workers’ compensation benefit due to a disability incurred during the same period of state employment disabilityrelated to your long-term benefit.An amount equal to your Veterans Administration Benefits, other federal disability benefits or certainNorth Carolina military benefits, if based on the same disability as your long-term benefit.Excess monthly earnings from any type of public or private employment (see Earnings During Long-TermDisability on page 14).Severance pay as a result of reduction-in-force from the state.An amount equal to any Social Security benefits which you are receiving (excluding widow’s/widower’sbenefit) or which you are entitled to receive, including age 62 Social Security retirement benefits.Exampleof aLong-TermDisabilityBenefitwith anOffsetAnnual Base Salary 42,00065% x 42,000 12 2,275 per month(before offset)- 1,000 per month Social Security DisabilityBenefit offset 1,275 per month long-term disability benefit(with offset)RestrictionsYou are not permitted to receive a refund of your retirement contributions or to begin monthly TSERS retirement benefits at the same time you are receiving monthly DIPNC benefit payments.JANUARY 2019Your DIPNC Benefits15
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 6:Health CoverageUnder current law, while you are receiving DIPNCbenefits, if you have five or more years of TSERS orORP membership service, the state will pay for theRetirement Systems’ share of your premium. Whileyou are receiving DIPNC benefits, if you have lessthan five years of TSERS or ORP membership service, you may choose to enroll in State Health Plancoverage, but you will have to pay the entire cost ofyour State Health Plan coverage, including the employer portion. In all cases, the full cost of dependentcoverage, if elected, must be paid by you.Health Coverage During Approval ProcessTo cover any gap that may exist between the approval of your short-term disability and extended and/or longterm disability, you may want to enroll in COBRA (Consolidated Omnibus Budget Reconciliation Act) continuation coverage.For example: Extended short-term disability is approved on April 8, 2018, with a February 1, 2018, effectivedate. While the extended disability benefit is effective in February, your State Health Plan benefit is not effective until April 1, 2018, because that is the month it was approved. If you want State Health Plan coveragebetween the end of your short-term disability and the start of your State Health Plan benefit on April 1, 2018,you will need to elect and pay for COBRA coverage.EnrollmentThe State Health Plan will automatically enroll you in coverage once your disability is approved. Your StateHealth Plan coverage can be effective no earlier than the first day of the month in which your extended shortterm and/or long-term disability is approved. If your disability benefit is approved with a retroactive effective date, your State Health Plan coverage will not be retroactive.Your portion of the State Health Plan premium and the premium for any dependent coverage will be deductedfrom your disability benefit payment each month. If the State Health Plan is unable to deduct your premiumfrom your disability benefit, the State Health Plan will mail you a premium invoice.For additional information, please contact the State Health Plan at 855-859-0966 or visit the State Health Planwebsite at www.shpnc.org.If your DIPNC benefit is suspended and later reinstated, your State Health Plan coverage will not be reinstated retroactively. As a result, you may experience a lapse in your health coverage, which means youmay not have health coverage for a month or more.You may be eligible for COBRA coverage.JANUARY 2019Your DIPNC Benefits16
Teachers’ and State Employees’ Retirement System and the Optional Retirement ProgramSection 7:How to Apply for DIPNC BenefitsYou should talk to your employer or contact the Retirement Systems, review the guides on the applicable disability forms and submit a com
Section 2: 60-Day Waiting Period Benefits under DIPNC may begin after a mandatory 60-calendar-day waiting period. During this waiting period, you may use all of your accumulated sick leave, vacation leave or any other salary continuation provided by your employer. The exhaustion of leave does not change your date of disability or the begin-
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