Orange County Employees Disability Retirement

Members of Orange County Employees Retirement System Have Disability Retirement Rights

Orange County Employees Disability Retirement is available when an employee is permanently incapacitated from their usual duties of the job.  Disability includes both physical or mental incapacity from performing the usual duties of the job. The law defines permanent incapacity as the substantial inability to perform the usual job duties for an uncertain and extended time. Generally, it is not necessary to be physically or mentally incapable for performing every duty but incapable of the essential functions of the job. Case law defines permanent incapacity.

Members May Qualify for Either a Nonservice-connected Disability Retirement or Service-connected.

If a member’s disability is not work related or deemed not work related that is called a nonservice-connected disability retirement. It means that the member’s permanent incapacity is not a result of an injury or disease arising out of employment. The member must have at least five (5) years of service credit to be considered for a Nonservice-Connected Disability Retirement. If a member does not have at least five (5) years of service credit and finds themselves permanently disabled from their job, this benefit will not be available. This benefit is 100% taxable.

If a member’s disability is service-connected that is called a Service-Connected Disability Retirement. It means that the permanent incapacity is a result of an injury or disease arising out of employment. It does not need to all be related to the job, just a real and measurable portion must be related to the job. The monthly benefit is 50% of the highest final average compensation or the service retirement benefit amount, whichever is greater. It also gets preferential tax treatment; 50% of the highest final average compensation may be excluded from taxable retirement income. Our office does not give tax advice. Member’s should consult with their tax advisor.

Orange County Employees Retirement System hires doctors to evaluate its members applying for disability retirement. The doctor will give an opinion on both disability and its cause. OCERS doctor(s) may disagree in whole or part with the doctors used in the member’s workers’ compensation case or treating doctors.

Our law offices have represented Orange County Employees in their disability retirement claims for decades. Please contact us for a free consultation.https://public-pensions.com/attorneys/; https://public-pensions.com/police-officers-deputy-sheriffs-and-firefighters/