Members > Benefits > Disability Retirement > Group II: Violent Disability

Group II Violent Accidental Disability

Eligibility

Violent Accidental Disability is defined as when a Group II (Police and Fire) member “has been totally and permanently incapacitated for duty as the result of a purposeful, hostile, and violent attack upon such member in the line of duty.” For the purposes of this benefit, a “purposeful, hostile, and violent attack" means “a physical attack with a deadly weapon, as defined in RSA 625:11, V, and done with conscious intent and with such force that it results in the infliction of serious bodily injury, as defined in RSA 625:11, VI.”

To be eligible for this benefit, the member must first be determined to meet the criteria for Accidental Disability Retirement under RSA 100-A:6, II(c).

If the member is granted Accidental Disability Retirement and has also applied for Group II Violent Accidental Disability Retirement, the application will be referred to the Commissioner of the Department of Safety, who is charged with making a determination as to whether the incapacitating event meets the criteria of a violent attack under RSA 100-A:6, II(e) and notifying the NHRS Board of Trustees.

If a Group II Violent Accidental Disability Retirement is subsequently granted, the benefit will be retroactive to the first day of the month following the date of application.

Pension Calculation

The Group II Violent Accidental Disability Retirement allowance is equal to the member's Earnable Compensation during their last 12 months of active service at the date of the member's disability or an annual allowance of $75,000, whichever is greater.

Note: If Group II members receive regular Workers’ Compensation payments on a periodic basis, those payments will offset a portion of the member’s Accidental Disability Retirement pension.

Additional Benefits

Members receiving Group II Violent Accidental Disability Retirement are also:

Eligible for the Medical Subsidy, which is a payment made by NHRS to the retired member’s former employer toward the cost of health insurance
Exempt from gainful occupation reporting

Filing for Benefits

Members are encouraged to file for Disability Retirement with a Benefits Specialist when their physician determines that they are no longer able to perform the duties of their NHRS-covered position. Members may contact NHRS to schedule an appointment with a Benefits Specialist. NHRS also encourages members to contact their employer to become aware of any other employer-sponsored benefits for which they may qualify.

Important: Members must file an application for Disability Retirement with NHRS under one of the following conditions:

While the member is actively contributing to NHRS on earnings paid to the member by the NHRS employer or on earnings from an employer-funded disability or salary continuance plan.
While the member is on an approved leave from NHRS-covered employment under the provisions of the federal Family Medical Leave Act (FMLA).
While the member is in receipt of regular Workers’ Compensation payments and still employed by the same employer in an NHRS-covered position.
Within one year of the date the member’s contributions to NHRS ceased.

In addition to the general requirements and deadlines, the following documentation is required when applying for Disability Retirement:

Application for Accidental Disability Retirement
Supplemental Form for Group II Violent Accidental Disability Retirement
Copy of the member’s birth certificate
Employee’s Statement of Disability
NHRS Treating Physician’s Statement
Records Release Authorization
Wage and Personnel Authorization
Form W-4P
Form W-9 (or a copy of the member’s Social Security card)
Spousal Acknowledgement Form
Electronic Direct Deposit (EDD) Form

Additional documentation may be required as part of the application process:

Job description
Employer’s Statement of Disability
Department of Labor First Report(s) of Injury
Department of Labor Memo(s) of Payment
Lump Sum Settlement Agreement, if applicable
Workers’ Compensation records/reports
Physician’s medical reports and office notes, as well as any other physician or diagnostic reports relating to the member’s disability claim
Beneficiary’s birth certificate, if electing a Survivorship Option
Marriage certificate (for Group II members only)

All medical and other supportive documentation must be received by NHRS within 120 days of filing an application. The application shall be deemed to have been withdrawn if the member fails to provide the requested information within 120 days of NHRS’ request, unless the member can establish by a preponderance of the evidence that such failure is not the fault of the member.

Certification by the Commissioner of Safety

Solely for the purpose of making a determination that the disabling incident meets the criteria of a violent attack under RSA 100-A:6, II(e) and notwithstanding any other law to the contrary, the Commissioner of Safety may obtain any records held by any state or municipal official regarding the circumstances, cause, or manner of the violent injury disability. The Commissioner of Safety may consult with the Commissioner of Labor and may disclose any information or records obtained during his or her inquiry.

Any records held by the Commissioner of Safety pursuant to this section shall not be subject to the right-to-know law, RSA 91-A, and shall not be subject to disclosure in any civil action.