RI.gov R.I. Government Agencies | Privacy Policy

Retirees:

Active employees:

Log in to your account

Employers:

Log in to your account

Newsletter:

Read the latest Compass

Access TIAA:

Suspect Disability Pension Fraud?

Call 401-462-TIPS to report suspected disability fraud.

Post Retirement for Disability Pensions:

  • Members who have been awarded disability pensions and have not reached their retirement age are required to provide ERSRI with periodic medical updates and earnings information.
  • Currently, ERSRI sends out a Annual Continuing Statement which asks members receiving a disability pension to provide a copy of their tax returns (if filing) and updated medical information.
  • Failure to provide ERSRI with earnings information may result in the suspension of pension benefits.
  • Members who do not provide updated medical information may be assigned to an independent medical examination or ultimately have their pension benefits revoked.
  • Members’ disability pension benefits will be adjusted if they have exceeded the statutory earning limits. 
  • Members who have recovered or appear to have recovered from their disability will be assigned to an IME. Members who are no longer disabled will be placed on a list with their former employer to return to work.
  • Members will receive notification prior to adjustment, suspension or revocation of their disability pension benefits.   
 

Annual Continuing Statement FAQ:

Please be advised that these questions and answers should not be relied upon in a legal setting and they do not supersede any law or promulgated rule or regulation.  These questions and answers apply the laws, rules and regulations, and policies that are in effect as of December 31, 2015.  Should the laws, rules and regulations, and/or policies change, these questions and answers will no longer be applicable.    

Why does ERSRI require that I submit an Annual Continuing Statement?

  • ERSRI is required by law to adjust a member’s disability retirement allowance if the member earns over a certain amount of money. ERSRI determines whether you have earned over the statutory limit by reviewing your Annual Continuing Statement and supporting documentation. 

Where can I find the laws regarding the earnings limitation for members receiving a disability retirement allowance?

  • Rhode Island General Laws § 36-10-17; § 16-16-19; and § 45-21-24; govern the readjustment of disability retirement allowance.

How much money can I make before my retirement allowance is adjusted?

  • You are permitted to make the difference between the amount you would have earned had you still been employed in the same position from which you retired and your disability retirement allowance.  See the below example:

    • You retired as a teacher in 2004. 

    • You would have earned $70,000 had you been employed as a teacher in 2014.

    • For 2015, your disability retirement allowance with COLA was $50,000.

    • For 2015, you would be permitted to make $20,000 ($70,000 - $50,000) before your disability retirement allowance is adjusted.   

At what age will I no longer receive an Annual Continuing Statement?

  • Once a member attains his or her minimum age of service retirement, he or she will no longer receive an Annual Continuing Statement. Please note that you will receive an Annual Disclosure Statement the calendar year after you attain your minimum age of service retirement because we request your earnings information for the previous calendar year.  For example, if you attain your minimum age of service retirement in 2015, you will receive an Annual Disclosure Statement in 2016 in which you must provide your 2015 tax information.     

What happens if I do not submit an Annual Continuing Statement?

  • If you do not provide ERSRI with a completed Annual Continuing Statement including all supporting documentation, your disability retirement allowance may be suspended until your statement is received and analyzed. 

Will my tax return become a public document?

  • No. Pursuant to RIGL § 38-2-2(4)(O), tax returns are not public documents.  

Why do I have to provide my spouse’s tax information?

  • If you filed a joint tax return, ERSRI will not be able to differentiate whether the earnings are attributable to you or your spouse without receiving the W-2s, wage attachments and other business income attachments and/or schedules for both you and your spouse.

If I made over the statutory limit, will I be notified before my disability retirement allowance is adjusted?

  • Yes, you will be mailed written notice at least thirty (30) days before your disability retirement allowance is adjusted.  The notice will contain the amount owed and the adjustment period.    

What if I cannot afford to see a doctor on an annual basis?

  • You are not required to see a doctor.  However, ERSRI has the legal authority to send you for an independent medical examination (IME), at ERSRI’s expense, once per year.  By not submitting an Annual Medical Update, ERSRI may be more likely to send you to an IME.   

What happens if I refuse to see an IME which was assigned by ERSRI?

  • If you refuse to see an IME that has been assigned to you by ERSRI, your disability retirement allowance may be permanently revoked.

Where can I find the laws regarding ERSRI’s authority to send me to an IME?

  • Rhode Island General Laws § 36-10-17; §16-16-19; and § 45-21-23 govern the re-examination of disability retirees.