Applying for the OPSRP Disability Program

If you meet the general requirements outlined in "Duty Disability" or "Nonduty Disability," contact PERS Member Services toll free at 888-320-7377 to request an Application for the OPSRP Disability Program. PERS recommends that you apply as soon as you are physically off the job, even if you are on paid leave or receiving short or long term disability benefits. You must be off all work at the time you submit your application. Apply if you anticipate that you will be off work due to the disability for a minimum of 90 consecutive days. You may submit your application during the 90-consecutive-day off-work period. You need not wait until you have met the 90-day period of disability.

If you become disabled while you are an active member Tier One/Tier Two member: A member who is presently employed by a participating employer in a PERS Chapter 238 Program qualifying position and who has completed the six-month waiting period. OPSRP member: A member who is presently employed by a participating employer in an Oregon Public Employees Retirement Plan (OPSRP) Program qualifying position and who has completed the six-month waiting period., you must apply within five calendar years of the last date you worked in a qualifying position for your PERS-participating employer. Additionally:

The disabling condition must have been continuous from your last day worked to your disability application date. This must be supported by medical documentation from your specialist.
You must not have terminated OPSRP membership.
You must not have worked in any capacity, including non-PERS employment or self-employment during this time.

Speak to your physician(s) before applying for the OPSRP Disability Program and let them know PERS will contact them to confirm and document your disabling condition. Ask your health care providers if they require their own information release. If so, complete their required form and submit is to PERS with your application.

If your disability is duty-related, you will need to provide a copy of your workers’ compensation report to PERS for review. Please note: Some workers’ compensation carriers will only release records to you and will not release records directly to PERS. If this occurs, please forward the records to PERS.

PERS requires specialists for certain disabling conditions:

Mental and emotional disorders require a report from a psychiatrist or a psychologist.
Orthopedic injuries or disease require a report from a treating or consulting orthopedic specialist or a physical medicine and rehabilitation specialist.
Neurological injuries or disease require a report from a treating or consulting neurologist or neurosurgeon.
Fibromyalgia requires a diagnosis from a rheumatologist, and at least one report of a treating or consulting rheumatologist or physical medicine and rehabilitation specialist.
PERS may require reports from other specialized physicians depending on your condition.

If you are not sure you have a specialist that meets PERS criteria, contact PERS Member Services at 888-320-7377 for assistance.

When you complete your application for the OPSRP disability program, list the physicians who have treated your disabling condition. PERS will require medical documentation from the time you stopped working to the time you apply for disability benefits.

Upon receipt of the completed forms, PERS will send requests to your doctors, hospitals, or clinics for medical information. PERS staff will also request documentation from your employer and, if applicable, workers' compensation A federal program in which employees disabled on the job can receive pay. Any workers' compensation payments Tier Two members receive may offset disability benefits. carrier and any disability insurance company.

The PERS staff and medical advisor will review your records and use Oregon Revised Statutes and Oregon Administrative Rules to determine eligibility.

The disability determination can take up to six months, sometimes longer, from the date PERS receives your initial application.

You must be unable to perform any work you are qualified to perform, not just your last or usual job.

Approval of Disability Application

If PERS approves your application for OPSRP disability, you will receive an approval packet in the mail. This packet includes the required forms you must complete to initiate your disability benefits.

Your employer must also submit information to PERS before benefits can be paid.

PERS will not pay any benefits until you have been physically off the job for 90 consecutive days. After the 90-day period, benefits paid are retroactive to your effective date of disability, which is based on information we receive from your physician(s) and employer.

Benefits are effective the first of the month following the last month in which you received paid salary or paid leave from your employer and will continue for as long as you meet the PERS disability criteria.

Benefit Payments

Your disability benefit will be calculated to equal 45 percent of your last full month’s gross salary prior to your disability.

OPSRP disability payments continue as long as you meet PERS disability criteria, you die, you retire under the early retirement provision for your job class, or you reach normal OPSRP Pension Program retirement age, whichever comes first.

Normal OPSRP retirement age for members in a General Service position is 65 years of age, or 58 years of age with 30 years of service. For Police and Firefighter members, normal retirement age is 55 years of age, or 53 years of age with 25 years of service.

Once you reach normal retirement age, your OPSRP disability benefits will stop. If you want to continue to receive a monthly payment, you must submit an application for OPSRP Pension Program service retirement.

Denial of Disability Application

If you are not approved, PERS will notify you by regular and certified mail. The first notification, Intent to Deny letter, is considered a preliminary denial. The letter will cite the reasons for the determination. You will have 30 days to provide PERS with additional documentation to support your claim. You will also be eligible to request an extension of 30 additional days to provide additional documentation.

If PERS does not receive additional information supporting your claim or if the additional information received does not change the determination, PERS will again notify you by regular and certified mail. This letter is a formal denial. It will provide you with your appeal rights, and you will have 45 days to submit your appeal of the denial of disability.