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Samuel Gray
Samuel Gray

Work! Work!! Work!!!: Then You Die


A worker can earn up to 4 credits each year. In 2023, for example, your spouse can earn 1 credit for each $1,640 of wages or self-employment income. When your spouse has earned $6,560 they have earned their 4 credits for the year.




Work! Work!! Work!!!: Then You Die


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The number of credits needed to provide benefits for survivors depends on the worker's age when they die. No one needs more than 40 credits (10 years of work) to be eligible for any Social Security benefit. But, the younger a person is, the fewer credits they must have for family members to receive survivors benefits.


If you are the unmarried child under age 18 of a worker who dies, you can be eligible to receive Social Security survivors benefits. You can also be eligible, if you are up to age 19 and attending elementary or secondary school full time.


Generally, the lump-sum is paid to the surviving spouse who was living in the same household as the worker when they died. If they were living apart, the surviving spouse can still receive the lump-sum if, during the month the worker died, they met one of the following:


During your lifetime, you might earn more credits than the minimum number you need to be eligible for benefits. These extra credits do not increase your benefit amount. The average of your earnings over your working years, not the total number of credits you earn, determines how much your monthly payment will be when you receive benefits.


The following table shows how many years of work credits you need to meet the duration of work test based on your age when your disability began. For the duration of work test, your work does not have to fall within a certain period. The table only provides an estimate of how many work credits you need. It does not cover all situations. If you are statutorily blind, you must only meet the duration of work test. When statutory blindness is involved, there is not a recent work test requirement.


Under a special rule, we can pay benefits to your children and your spouse caring for your children, even if your record doesn't have the number of credits needed. They can get benefits if you have credits for 1 and 1/2 year's work (6 credits) in the 3 years before your death.


Q: When do I get my compensation? A: If you are unable to return to work for more then seven days you are entitled to weekly income benefits. The first weekly installment should be mailed 15 days after the date of injury. You will not be paid for the first week of lost time until you have been out 21 days.


Q: How much will my weekly compensation be?A: If you are unable to work (temporarily totally disabled), you will receive two-thirds of your average weekly wage for the past 52 weeks, but not more than the statutory maximum outlined here.


Most workers' compensation claims are resolved to the satisfaction of the injured employee, employer, and insurance carrier. Usually, the appropriate payments are made and services provided. However, there are times when the employee disagrees with an employer's/carrier's decision and wants to formally challenge that decision.


Q: Will I be paid for time off due to a medical appointment?A: If your medical appointment is during your normal working hours and you are not off on TTD then you will be paid your normal wages during the time you are at your appointment.


Q: Can my employer fire me if I am unable to work because of an injury if I am receiving workers' compensation benefits? A: An employer may not fire you for filing a workers compensation claim, but Indiana is an at-will employment state, meaning that an employee can be fired at any time except for a handful of reasons. If you feel you have been wrongly discharged please contact a lawyer.


What is the "work environment"? OSHA defines the work environment as "the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work."


Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable.


How do I know if an event or exposure in the work environment "significantly aggravated" a preexisting injury or illness? A preexisting injury or illness has been significantly aggravated, for purposes of OSHA injury and illness recordkeeping, when an event or exposure in the work environment results in any of the following:


How do I decide whether an injury or illness is work-related if the employee is on travel status at the time the injury or illness occurs? Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer." Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer).Injuries or illnesses that occur when the employee is on travel status do not have to be recorded if they meet one of the exceptions listed below.


NYSLRS retirees can work after retirement and still receive a pension. However, you should be aware of the laws governing post-retirement employment and how working after retirement may impact your retirement benefits.


Before you decide to return to work, please read this booklet carefully. It will help you understand who you can work for and how much you can earn before your retirement benefits may be affected. If you still have questions or concerns, please contact us. As always, my staff and I are here to help.


Failure to follow these rules can result in the loss, suspension or reduction of your retirement benefit. Please read this booklet carefully and contact us before returning to work if you have questions.


As a service retiree (retired under a regular service retirement, not a disability retirement), you can receive your retirement benefit and return to work if your new employer is not a public employer in New York State. So, you do not need prior approval, and your earnings are unlimited, if you:


If you perform paid services for a public employer in New York State after you retire, there are restrictions on receiving your pension while you work. These restrictions, along with your options and responsibilities, are explained below.


If you return to work for a public employer and will earn more than the annual Section 212 limit (currently $35,000), you may be able to work under Section 211 without affecting your pension. However, your employer must receive approval (known as a Section 211 waiver) before hiring you. You must wait one year after retiring before returning to work in the same or similar position under a Section 211 waiver.


A waiver covers a fixed period of time, up to two years. If you want to continue working beyond the approved period without affecting your pension, your employer must request and receive approval again.


If approval is granted, your earnings would be unlimited, unless you return to a former employer. Earnings from work for a former employer are subject to a set limit. If you earn over that limit in a year, your benefit will be reduced or suspended for the rest of that calendar year. Please contact us to find out what the limit is before taking the position.


Note: New York State is considered a single employer. Therefore, if you retired from one State agency and are considering working for a different State agency, it is considered the same employer under RSSL Section 211.


If your date of membership is on or after July 26, 1995, the limit will apply as long as you continue to work, regardless of your age. If your date of membership is before July 26, 1995, the limit will apply only until you turn 65.


However, depending how long you work after rejoining, your new pension may not be higher than your original amount. In addition, when you retire again, your new retirement date can delay cost-of-living adjustments (COLAs). Lastly, if you previously retired under an early retirement incentive plan enacted by the Legislature and your pension is recalculated, you would lose any incentive service included in the calculation of your original benefit.


Almost all disability retiree earnings, both public and private, are limited under the RSSL, Section 102 for ERS and Section 402 for PFRS. If you retired under a disability retirement benefit, please contact us to find out your limit and ask any questions you have about working after retirement.


If you return to work for an employer that participates in the same retirement system from which you retired and your salary is more than the maximum salary described above, you will be required to stop receiving your pension and rejoin the retirement system, and you will no longer be retired under a NYSLRS disability retirement benefit.


Even though many life insurance policies work the same way, each type has significant differences that further define how they work, including how long the coverage lasts, if the policy includes an investment component, and whether or not you can access funds before your death. Understanding these differences can help you select the best policy for your needs.


Your service credit is the number of years you work in public service. This time is reported by your employer. When you work at least 90 hours in a month, you receive one service credit for the month. You receive one service credit each calendar month in which you are compensated for 90 or more hours of work. You can earn no more than one month of service credit each calendar month, even if more than one employer is reporting hours you work. You receive one-half of a service credit if you work fewer than 90 hours but at least 70 hours in a calendar month. You receive one-quarter of a service credit if you are compensated for fewer than 70 hours in a calendar month. Review your service credit detail through your online account.


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