CalPERS Disability Retirement Timing

A CalPERS disability retirement application may be complicated by timing.

Filing CalPERS Disability Retirement Application

An employer has a mandatory duty to apply for a CalPERS disability retirement for its employee if it believes by its words or actions that its employee is disabled. (Gov’t Code §21153) However, that employer determination may not occur until after the employee completed workers’ compensation qualified medical examinations. Thus, when to apply becomes an important decision. Timing is important to protect rights and retroactive benefits that may be lost when delay occurs.

Filing requires the member’s medical condition to be permanent. Permanent disability under the CalPERS law means that the condition will last for an uncertain and extended time or last longer than 12 months. This differs from workers’ compensation law. In workers’ compensation law permanent and stationary or medical maximum improvement means the person’s medical condition has plateaued. An application may be made as soon as the medical condition is expected to be permanent for purposes of retirement law.

Timing Statute

Gov’t Code §21154: The application shall be made only (a) while the member is in state service, or (b) while the member for whom contributions will be made under Section 20997, is absent on military service, or (c) within four months after the discontinuance of the state service of the member, or while on an approved leave of absence, or (d) while the member is physically or mentally incapacitated to perform duties from the date of discontinuance of state service to the time of application or motion.

On receipt of an application for disability retirement of a member, other than a local safety member with the exception of a school safety member, the board shall, or of its own motion it may, order a medical examination of a member who is otherwise eligible to retire for disability to determine whether the member is incapacitated for the performance of duty. On receipt of the application with respect to a local safety member other than a school safety member, the board shall request the governing body of the contracting agency employing the member to make the determination.

https://www.calpers.ca.gov/page/forms-publications

https://public-pensions.com/police-officers-deputy-sheriffs-and-firefighters/