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Service Credit --Quicklinks-- Calculating Retirement Retirement Benefits Benefit Options Preparing for Retirement Earned Service Credit Leave of Absence Membership Contributions Refund Information Pension Payments Disability Retirement Disability Benefits Employment after Retirement Return to Work Program Contractors $15.000 or FTE Rule Reemployment of Retirees Community Property Rights Dividing Benefits Divorce NM Health Care Authority Cost of Living Adjustment Retirement Eligibility Deferred Retirement Rule of 75 Allowed Service Effective Retirement Date Reciprocity ERA/PERA Options before Retirement Alternative Retirement Plan Sabbatical Leave

A member may be eligible for disability benefits:

(1) after he or she has completed ten years of earned service credit;
(2) is totally disabled and unable to continue employment; or
(3) is unable to gain or retain other employment commensurate with his or her education, background and experience.

In order to receive benefits, the disabled member must have terminated employment because of the disability and must file an application with the ERB. This application must include a full accounting of the disability by a personal physician or physicians including a diagnosis and prognosis. The member must also have an examination by physicians appointed by the ERB. The cost of this examination is borne by the Board, but transportation and other personal expenses incurred by the applicant in presenting himself for such an examination are paid by the applicant.

The disabled member may file an application for benefits prior to termination of employment. However, the effective date of the benefit will be the first day of the month following termination of employment, or the first day of the month following the filing of application with the Retirement Board, whichever is later.

The annual disability benefit is approximately one-third of the member’s Final Average Salary.

Continuing of Disability Benefits

Prior to becoming age 60, the disabled member’s case is reviewed by the Retirement Board annually or more frequently if necessary. If the results of a review show that the disabled member is able to return to work, the benefits are stopped.

Subject to severe penalties, the disabled member is required to report any substantial improvement in his or her physical condition within 30 days after such improvement is known.

When a disabled member becomes age 60, a member is deemed to have retired and, thereafter, the disability benefit becomes a retirement benefit, subject to a reduction if the member elects Options B or C. The member is no longer subject to removal from status due to an improvement of condition.