Disability Retirement
Disability retirement is available regardless of the length of service and will provide the member with no less income than the member would have received by way of service retirement. Usually, but not always, Public Safety Officers receive half salary, tax-free, for the remainder of their lives. If the member is entitled to greater than 50% of salary by virtue of years of service, he or she will receive the full entitlement as though retiring on a service retirement. However, the difference between 50% and the full amount would be subject to taxation.Normally these benefits are payable in addition to whatever permanent disability award results from your Workers’ Compensation claim.
Some departments have opted for different retirement plans which take credits against the Workers’ Compensation benefits you receive. Therefore, since these can significantly affect your Workers’ Compensation payments and benefits, it is important to seek the guidance of your professional association or an attorney who is experienced in these matters.
Disability retirement payments can be discontinued if the agency is later able to prove that the member has recovered from the injury. Following disability retirement, should the member die, one-half of the member’s allowance may be continued to the surviving spouse or minor children depending on your contract. These benefits may continue under certain circumstances even though he or she remarries. Other options are available and can be sought at the time of application which would provide survivor benefits more suitable to the individual member’s needs.
Disability retirement should be taken after the exhaustion of 4850 benefits, sick leave and other credits, excepting vacation. Vacations should be taken in a lump sum.
Following disability retirement, the member is entitled to hold outside employment, without limitation or credit against disability payments so long as the outside employment is also not under the same Public Employees Retirement System or CERL.
Some members have resigned or taken a service or ordinary disability retirement without realizing that they may, in fact, have been entitled to an industrial disability retirement. The latter, of course, has important income tax and survivor benefits. Whenever a member is contemplating retirement or resignation, it is extremely important that he or she contact their professional association or seek legal advice to determine the type of retirement most beneficial to them and to make sure that no Workers’ Compensation rights are being ignored. Your association or your local bar association’s Lawyer Referral Service can refer you to an attorney who is certified by the State Bar as a Workers’ Compensation Specialist and who will provide an initial consultation without charge. Make certain, however, that the attorney is experienced in representing safety members.
The PERS Service Advisor is an excellent source of up-to-date information. Their offices in Southern California are located at:
Los Angeles
107 South Broadway, Room 1490
Los Angeles, CA 90012
(213) 897-0917
Santa Ana
1200 North Main St., Room 534
Santa Ana, CA 92701
(714) 558-4604
San Bernardino
303 W. 3rd St., Room 214
San Bernardino, CA 92401
(909) 383-4431
San Diego
1350 Front St., Room 3012
San Diego, CA 92101
(619) 237-7653
Attorney fees are negotiable for Disability Retirement Appeals, and if you retain an attorney to represent you, a separate agreement will have to be made between the both of you regarding attorney fees.
