Board Resolution 2005-05-05(c)

WHEREAS, the disability benefits of the Illinois Municipal Retirement Fund are reduced by the disability and old age benefits of Social Security, and

WHEREAS, Social Security disability benefits do not become payable until the sixth month after date of disability, and

WHEREAS, a claimant is not required to accept reduced Social Security old age benefits, now therefore, be it

RESOLVED, that the offset of Social Security disability and old age benefits against disability benefits payable by the Fund shall be administered as follows:

1. All disability benefits which become effective January 1, 1964, or later, will be reduced by the estimated Social Security disability benefit which may be payable.
2. The reduction of disability benefits of the Illinois Municipal Retirement Fund shall be effective as of the first day of the sixth month following date of disability.
3. The amount of the reduction shall be the estimated Social Security benefit.
4. The Claimant shall be advised to apply for Social Security disability benefits when initial payment of benefits is made, and, shall be furnished with an authorization form to be filed with this Social Security Claim. A claimant receiving Social Security survivor benefits must apply for Social Security disability benefits. The IMRF disability benefits will be reduced by the amount of the Social Security disability to which the claimant would be entitled if not receiving the survivor’s benefit.
5. If the Fund receives a copy of the Award Certificate of Social Security and the benefit, (either disability or old age) awarded is less than the amount reduced by the Fund, retroactive adjustments shall be made to conform with the award.
6. If the Fund receives a copy of the disallowance of benefits by Social Security, retroactive adjustments to the full IMRF disability benefit shall be made.
7. No adjustment of the benefit will be made if the Fund receives a copy of the Award Certificate of Social Security and the award (either disability or old age benefits) is equal to or higher than the amount which has been reduced by the Fund.
8. The benefit will continue at the reduced rate until the Fund receives a copy of a Social Security Award Certificate or notice of disallowance.
9. If the Fund receives a copy of a Social Security Award Certificate or other evidence of the receipt of Social Security disability or old age benefits by a claimant receiving an unreduced IMRF disability benefit, such benefit will be reduced by the amount of the Award retroactively — but not prior to the sixth month following the date of disability, and any overpayment of disability benefits arising as a result of such action shall be recovered by the Fund by a reduction of future benefits.