Public Employee Disability Retirement

General Public Employee Disability Retirement Information

Public Employee Disability Retirement is also referred to as medical retirement. If a public employee (City, State or County worker) develops a disease or has an injury that substantially incapacitates them from their job, a disability retirement may be available upon successful application. Public employees generally belong to CalPERS or County Retirement Act plans depending on their employer. Different plans apply to different job classifications. To seek this benefit an employee under most plans must have at least 5 years of service.

The injury or disease is not work related. Under certain circumstances determined by age and years of service, a disability retirement will not pay any more than a service retirement. However, under certain contracts medical insurance is provided with a disability retirement and retroactive benefits may be available. It is important to investigate whether one is giving up any rights by foregoing seeking a disability retirement. If awarded a disability retirement, the plan member will receive a monthly allowance for life or until no longer disabled. The statutes provide for re-evaluation of members under certain circumstances to determine continued eligibility.

Industrial Disability Retirement

Eligibility for industrial disability retirement is for members of CalPERS that fall in specified safety categories and defined by contract with CalPERS and the employer. There are many jobs that are eligible for industrial disability retirement such as police officers, deputy sheriffs, correctional officers, psychiatric technicians, many different employees that work in correctional facilities, firefighters, and other categories. An industrial disability retirement differs from a disability retirement because it enhances the benefit and provide preferential tax treatment. There is no service time requirement. The requirement for eligibility requires safety membership and an industrially caused injury or disease. The job does not need to be the sole cause, but a cause.

Service-Connected Disability Retirement

Service-Connected disability retirement is available to qualifying safety members under the County Retirement Act plans. There is no requirement that the member be a safety member. The member’s injury must have occurred on the job in part.

Some County Retirement Act Plans have various plans that members may belong with varying criteria. It is important that the member know what plan they are in when evaluating what benefits they may be eligible to apply.

Who Can Apply

Whether the member is a CalPERS member or County Retirement Act plan member, the employer and the member may both apply for the benefit. An employer must apply if it believes by its words and actions that its employee is disabled from their job. (See Gov’t Code 21153 and Gov’t Code 31721(a)) Many employees are left with no option but to apply for disability retirement when their injury or disease substantially incapacitates them from their duty.  

Timing the application is defined by statute and determining when to apply and for what benefit is important. Delay may prejudice your benefit opportunity. Understanding what evidence is best to produce is also important as many times language in doctor’s reporting may not be the correct terminology or standard application for the benefit the member is seeking.

Denial of Disability Retirement Application

The member does have the right to appeal the denial of the application for disability/industrial disability retirement. If the member is a CalPERS member, appealing the decision requires that the member be prepared to bring their doctors in to trial to actually testify. Timing of the appeal must be adhered to so the right to trial is preserved. The member may also have the right to return to the job once the application is denied depending of circumstances