CalPERS Disability Retirement Attorneys

CalPERs Disability Retirement FAQs

CalPERS (The California Public Employees’ Retirement System Board of Administration) is an agency in that is part of the California executive branch that manages pension, health and disability benefits for more than 1.6 million California public employees.

The experienced attorneys at Cantrell Green are among the few attorneys who understand and specialize in CalPERS disability benefits. In this article we answer some “Frequently Asked Questions” about CalPERS retirement disability benefits.

How does an Employee qualify for CalPERs disability retirement?

To qualify for CalPERs disability retirement, the employee must prove that they are “substantially incapacitated” from performing their job duties, due to a physical or mental condition. This must be substantiated by proof in the form of medical records and documentation that the worker’s disability is expected to be permanent or last indefinitely.

What is the Service Requirement to Collect Disability Retirement?

A CalPERS member must have at least five years of CalPERS-credited service in order to qualify to collect disability retirement. However, if the member is a State Second Tier member, they must have ten years of CalPERS-credited service.

However, there are some exceptions to these service requirements. If you are a disabled CalPERS member but you do not meet the service requirements, please call our experienced CAlPERS attorneys to see if there is an exception that may apply in your situation.

What is the Age Requirement to Collect Disability Retirement?

There is no minimum age requirement to be eligible to collect retirement disability from CalPERS. However, members must meet the disability criteria and the service credit requirements that were explained above.

How Long Does CalPERS Disability Retirement Approval Take?

The length of time it takes to go through the CalPERS Disability Retirement approval process will primarily depend upon how long it takes CalPERS to get all of the necessary employment documentation and medical records. They need proof that the member meets both the disability requirements and the service requirements.  Typically, delays are the result of the employee – and/or their medical providers – not submitting the required records and forms in a timely fashion.

The best way to ensure the most rapid, problem-free, processing time for a CalPERs disability retirement claim is to hire an experienced attorney. Our CalPERS lawyers know what needs to be filed and how to file it, in order to obtain the most rapid decision.

Is CalPERS Industrial Disability Retirement Different?

Yes. Disability retirement can be claimed because of any injury or illness, that keeps a member from working – regardless of the cause of the medical condition or disease.  But, Industrial Disability Retirement specifically refers to the inability to perform work duties because of an injury that occurred at the workplace or a medical condition or illness that is job-related.

Unlike regular disability retirement, there is NO years of service requirement required to be eligible for CalPERS Industrial Disability Retirement.

Equally important, the benefit rates are different for disability retirement and industrial disability retirement. The maximum percentage benefit allowable for disability retirement is 33.333 percent, while the maximum – while safety members who retire on or after January 1, 2013, with industrial disability
can receive a higher benefit equal to 50 percent of their highest consecutive 12-month or 36-month salary average.

Additionally, Industrial Disability Retirement benefits are exempt from taxation.

Who Qualifies for Industrial Disability Retirement?

As with regular disability retirement, industrial disability retirement is only approved when the CalPERS member can prove that the injury or illness is expected to be permanent and/or to last indefinitely.

CAlPERS members who are safety officers, peace officers, firefighters, patrol officers, local safety officers – and certain State or local miscellaneous member whose employer contracts for industrial disability retirement benefits   – are typically eligible to receive industrial disability retirement.

Additionally, CalPERS members who are employed by the Department of Corrections and Rehabilitation, the Youth Authority, or a forensic facility of the Department of Mental Health a State, may qualify for industrial disability retirement if the disability is the result of a direct violent attack by an inmate or parolee at work.

CalPERs Disability Retirement Attorneys

The disability lawyers at Cantrell Green are among the few attorneys who understand and specialize in CalPERS disability benefits. If you are unsure if qualify for CalPERs disability retirement benefits, call our experienced lawyers today. We would be happy to help you determine your eligibility for disability retirement under the CalPERs system.

Free Consultation with a CalPERs Attorney: 562-622-4800

This article applies to members of  California Public Employees’ Retirement System (CalPERS); and does not reflect the rules, laws or regulations governing how other public retirement systems are administered. If you have question about another public employee retirement system, find your system, below – or call our attorneys at: 562-622-4800