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Pension Plan

 
Disability

Important: Information on this page may have been affected by recent updates to the Plan. Please review the updates contained within the September 2009 Critical Status Rehabilitation Plan notice.

Total Disability Defined

A Participant shall be deemed totally disabled upon his receipt of a determination of entitlement to a Social Security Disability Benefit. The Board may at any time, or from time to time, require evidence of continued entitlement to such Social Security Disability Benefit.

Disability Pension – Eligibility

A Totally Disabled Participant shall be entitled to receive a Disability Pension if he meets the following requirements:

  1. He has not yet become age 65; and
  2. He has accumulated (1) at least 15 Years of Credited Service, or (2) 10 Years of Credited Current Service; exclusive in each case of any Credited Current Service cancelled due to a Permanent Break in Service and any Credited Service earned as a result of work in Continuous Non-Covered Employment; and
  3. He has as a result of actual work in Covered Employment (1) earned at least two quarters of Credited Current Service in the two-consecutive-Calendar Year period immediately prior to the Calendar Year in which he became Totally Disabled, or (2) worked for the San Francisco Housing Authority as a painter or taper at least 500 hours in one of two-consecutive-Calendar Years immediately prior to the Calendar Year in which he became Totally Disabled.

    Exception: The Board of Trustees in its sole discretion may waive the requirement set forth in c.(1) above if on the basis of such competent medical evidence as they may require to be shown, the Participant demonstrates that he was continuously disabled and thereby prevented from working in Covered Employment or engaging in any work of the type performed by an Employee.

    In addition to the above, the Participant must have filed a formal application for benefits in accordance with Section 11.01. The Participant’s Annuity Starting Date and commencement of Disability Pension payments shall be established in accordance with Sections 1.02 and 3.09.

Amount of the Disability Pension

Effective January 1, 1999, the monthly amount of a Disability Pension is the same as the monthly amount of a Regular Pension.

Disability Pension Payments

  1. Payment of the Disability Pension shall not commence until the sixth month of Total Disability or until the requirement for advance application has been met, whichever is the later date; payment of the Disability Pension will continue as long as the disabled Pensioner remains Totally Disabled as herein defined provided he does not engage in any gainful employment. Upon becoming age 65, a disabled Pensioner shall have his benefits continued regardless of whether he remains Totally Disabled, provided, however, that he remains Retired as defined in Section 11.13.b. and c.
  2. If the Annuity Starting Date for a Participant who is Totally Disabled, as defined in Section 3.08, is more than two months after the date payment would have begun in accordance with Subsection a., the Participant will be entitled, should he so elect, to a one-time cash payment equal to the monthly amount of his Disability Pension (in the payment form elected) multiplied by the number of calendar months between the date determined in accordance with paragraph a. and the Annuity Starting Date.

Total Disablement of an Early Retirement Pensioner

If any Early Retirement Pensioner is or becomes totally disabled, he shall be entitled (if he meets all of the requirements for a Disability Pension per Section 3.06) should he so elect to convert to a Disability Pension effective as of the date described in Section 3.09.a.

Upon Retirement

Pensions of all married Participants shall be paid in the form of a Husband-and-Wife Pension, unless the Participant has filed with the Board, in writing, a timely rejection of that form of pension, subject to all of the conditions of this Section.

  1. No rejection shall be effective unless the legal spouse of the Participant has consented in writing to such rejection, and acknowledged the effect thereof, and such rejection is witnessed by a Notary Public. No consent shall be required if it has been established to the satisfaction of the Board that there is no legal spouse or the legal spouse cannot be located or if such consent cannot be obtained for extenuating reasons satisfactory to the Board.
  2. The Board shall provide to each Participant, no less than 30 days and nor more than 90 days before the Annuity Starting Date, a written explanation of the terms and conditions of the Husband-and-Wife Pension and the effect of the rejection of such pension. A Participant (with any applicable spousal consent) may waive the requirement that the written explanation be provided at least 30 days before the Annuity Starting Date if the Participant’s pension commences more than 7 days after the written explanation is provided.
  3. A Participant and his legal spouse may reject the Husband-and-Wife Pension (or revoke a previous rejection) at any time not more than 90 days before the Annuity Starting Date; that is, before the first day of the first month for which a pension is payable. However, the rejection period shall end on the 30th day after the date on which the written explanation is provided, if the written explanation is provided after the Annuity Starting Date.
  4. The 50% Husband-and-Wife Pension may be waived, without consent of the legal spouse, in favor of any other form of pension for which the Participant qualifies under the Plan if it would provide the Participant’s spouse with a lifetime pension for the period, if any, that the spouse survives the Participant, no additional conditions are imposed on the spouse’s right to the benefit, and the amount of such survivor pension would be greater than the amount that would be payable as a 50% Husband-and-Wife Pension.

Retirement on a Disability or Service Pension Before Age 55

If the Annuity Starting Date of a married Participant’s Husband-and-Wife Pension occurs before the Participant attains 55, payment to the surviving legal spouse, if any, will start on the later of (a) the first of the month following the death of the Pensioner, or (b) the first of the month following the date when the Pensioner would have attained age 55 had the Pensioner lived.

Adjustment of Pension Amount

For a Participant who is eligible for a Disability Pension, the Husband-and-Wife Pension shall be 79% of the amount determined from Section 3.07, if the Participant and spouse are the same age. The factor is increased by .4 percentage points for each full year the spouse is older than the Participant, subject to a maximum factor of 99%, or decreased by .4 percentage points for each full year that the spouse is younger than the Participant.

The factor determined in the paragraph above shall be increased by 2.5 percentage points if the Participant is age 45. The factor is reduced by .25 percentage points for each full year the Participant is older than age 45; or increased by .75 percentage points for each full year younger than age 45. Such increase when added to the adjustment factor above shall not exceed 99%.

Recovery of a Pensioner on a Disability Pension

If a Pensioner receiving a Disability Pension loses entitlement to a Social Security Disability Benefit, such fact shall be reported by him in writing to the Board of Trustees within 15 days of the date he received notice from the Social Security Administration indicating that his benefit shall cease.

If such written notice is not provided, he will, upon his subsequent retirement before Normal Retirement Age, not be eligible for benefits for a period of twelve months following his Annuity Starting Date. This is in addition to a suspension equal to the number of months, which elapsed after he received notice of the termination of the Social Security Disability Benefit and for which he received Disability Pension payments from the Fund in error of fact. The suspension described in this Section 3.11 is subject to the provisions of Section 11.14.b.

Re-employment of a Pensioner on a Disability Pension

A Pensioner on a Disability Pension who is no longer totally disabled may re-enter Covered Employment and may resume the accrual of Credited Service and Benefit Units. If applicable, the Separation from Covered Employment provisions will be applied to the portion of the Participant’s benefit accrued prior to his Disability Pension.

Download the Application for Benefits.

References to specific section(s) of the Plan can be found in the Official Plan Document under Plan Documents on this website.

 

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