San Bernardino County Employees Disability Retirement

Members of San Bernardino County Employees Retirement Association Have Disability Retirement Rights

San Bernardino 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. Approved service credit in a system with reciprocity does count toward the required five years. 

For a Nonservice-Connected Disability Retirement, the monthly benefit is 20% up to a maximum of 40% of your highest final average compensation, depending on the years of service credit or the service retirement benefit amount, whichever is greater. 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. 

Disability and Causation is Determined By The Medical Evidence

San Bernardino County Employees Retirement Association hires doctors to evaluate its members applying for disability retirement. The doctor will give an opinion on both disability and its cause. San Bernardino County Employees Retirement Association will also have its Retirement Board Medical Advisor review the medical opinions to issue a recommendation to grant or deny the member’s application for disability retirement benefits. Either or both doctors 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 San Bernardino County Employees in their disability retirement claims for decades. Please contact us for a free consultation.https://public-pensions.com/attorneys/

SBCERA https://www.sbcera.org/disability-retirement