CalPERS Requires Re-Evaluations of Disability Retirement Recipients

CalPERS Requires Re-Evaluations of Disability

CalPERS Requires Re-Evaluations of Disability. If a CalPERS member is under the voluntary age of regular service retirement, CalPERS will or require the contracting agency to periodically re-evaluate disability retirees. The statute does not give time parameters on how often it may require such re-evaluations. Recipients of disability retirements should stay in treatment for their disability. Recipients of disability retirements must be prepared to prove continued substantial incapacity from their jobs.

Government Code sections 21192 gives authority to CalPERS or the CalPERS employer from whose employment a person was retired to require any recipient of a disability retirement allowance under the minimum age for service retirement to undergo a medical examination to determine continued disability. Section 20221 provides that each employer must provide CalPERS with any information concerning any member that CalPERS requires in the administration of the System. If a CalPERS contracting agency chooses not to re-evaluate, CalPERS can re-evaluate a retiree on its own under Government Code sections 20128 and 20223.

CalPERS Requires Local Agencies To Re-Evaluate

CalPERS requires its local agencies that contract benefits through it to “reevaluate” former employees who were granted disability retirements. The members receiving disability retirements and industrial disability retirements will be required to submit continued medical reporting substantiating their disability. Keeping your medical disability updated with a doctor in the specialty of your disability is more important than ever while under the age of voluntary service retirement. Members may also be required in many cases to under medical re-evaluations and most often not with the doctor originally used to determine eligibility for disability retirement.

If No Longer Disabled

If the member is found no longer disabled, the member may file an appeal requiring a trial on the issue of continued disability. This is quite costly requiring doctors to testify as well as any relevant witnesses. The member may be expected to return to work if continued disability is not shown or lose the benefit. It can be complicated given the member’s health and life situation has probably changed since originally being found disabled from duty. There are no easy answers and members are usually caught off guard when told they are to under this re-evaluation process.