CalPERS Disability Retirement Attorneys

New 2025 CalPERS Presumptive Disability Rules for PTSD

California’s public safety employees working in the Los Angeles area face unprecedented mental health challenges as they continue to serve communities while dealing with increasing workplace trauma. Recent legislative developments have significantly expanded presumptive disability protections for post-traumatic stress disorder (PTSD) and other mental health conditions, creating new pathways for CalPERS disability retirement benefits. The experienced disability retirement attorneys at Cantrell Green understand these evolving legal protections and how they intersect with CalPERS industrial disability retirement claims for police officers, firefighters, and correctional officers throughout the Los Angeles area.

California Government Code Section 31720.91, which took effect in 2025, establishes that for CalPERS members retiring for disability based on PTSD, “it shall be presumed that the disability arose out of, or in the course of, the member’s employment”. This groundbreaking presumption fundamentally changes how CalPERS evaluates mental health-related disability retirement applications, shifting the burden of proof away from injured employees and onto the retirement system to demonstrate that PTSD did not arise from work-related causes.

The legislative expansion extends presumptive PTSD coverage through January 1, 2032, rather than the previous expiration date of 2025, and adds more categories of dispatchers, peace officers, investigators and public security officers eligible for psychological injury claims. This extension provides crucial stability for Los Angeles area public safety employees who need time to process claims and receive appropriate medical treatment. The experienced CalPERS attorneys at Cantrell Green recognize that these expanded protections create significant opportunities for employees who previously struggled to establish the work-related nature of their mental health conditions.

CalPERS Attorneys Help Navigate New Disability Retirement Rules

The integration of California’s expanded PTSD presumption laws with CalPERS industrial disability retirement benefits creates complex legal scenarios that require specialized expertise. The presumption applies specifically to PTSD “as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association”, ensuring that claims are based on recognized clinical standards rather than subjective interpretations.

CalPERS attorneys must understand how these presumptions interact with the retirement system’s existing disability evaluation processes. When public safety employees in the Los Angeles area file for industrial disability retirement based on PTSD, the new presumptive protections significantly streamline the approval process by eliminating the need to prove that workplace trauma directly caused their mental health condition. The experienced legal team at Cantrell Green works with medical professionals and CalPERS administrators to ensure that presumptive benefits are properly applied and that clients receive maximum disability retirement benefits.

For local agency safety members—generally city police officers and firefighters—an industrial disability retirement pension certified to CalPERS by the employer is a benefit that must be negotiated or litigated in addition to the workers’ compensation injury claim. This dual-track approach requires careful coordination between workers’ compensation proceedings and CalPERS disability retirement applications to ensure that public safety employees receive comprehensive benefits for their PTSD-related disabilities.

Disability Retirement Benefits for Police Officers

Police officers working in the Los Angeles area face daily exposure to traumatic incidents that can result in debilitating PTSD symptoms requiring disability retirement. Under the new California law, there is a “rebuttable presumption” that mental health issues suffered by first responders are an occupational injury, dramatically improving the likelihood of successful CalPERS disability retirement claims for officers suffering from work-related psychological trauma.

The presumptive disability protections recognize the unique psychological challenges faced by law enforcement personnel who regularly encounter violence, death, and human suffering as part of their essential duties. Police officers in the Los Angeles area respond to shootings, fatal accidents, domestic violence incidents, and other traumatic situations that can accumulate over time to create severe PTSD symptoms including flashbacks, nightmares, anxiety, depression, and inability to function in their professional roles.

CalPERS attorneys understand that police officers often delay seeking mental health treatment due to concerns about career impact or stigma within law enforcement culture. The new presumptive protections help address these barriers by providing clear legal pathways to disability retirement benefits when PTSD symptoms prevent officers from performing their duties safely and effectively. The skilled legal team at Cantrell Green works with police officers to document the connection between their workplace trauma exposure and resulting mental health conditions, ensuring that CalPERS applications are properly prepared and supported with appropriate medical evidence.

Disability Retirement Protections for Firefighters

Firefighters serving Los Angeles area communities face extraordinary psychological stress from responding to life-threatening emergencies, witnessing human tragedy, and working in consistently dangerous environments. Cal Fire officials have acknowledged facing a “mental health crisis” with increasing PTSD, suicidal thoughts and other mental health problems among firefighting crews, highlighting the urgent need for expanded disability retirement protections for these essential workers.

The nature of firefighting work creates multiple pathways for PTSD development, including exposure to fatal accidents, burned victims, failed rescue attempts, and the constant threat of injury or death while performing essential duties. California’s “Trial by Fire” investigation revealed how overwork and distress from intensifying wildfires have left Cal Fire crews with increasing mental health problems, demonstrating the systematic nature of psychological trauma in the firefighting profession.

CalPERS attorneys recognize that firefighters often experience delayed onset PTSD symptoms that may not manifest until years after initial trauma exposure. The presumptive disability protections ensure that firefighters can obtain CalPERS disability retirement benefits even when their PTSD symptoms develop gradually over time rather than from a single traumatic incident. The experienced legal team at Cantrell Green helps firefighters understand their rights under the expanded presumption laws and guides them through the CalPERS industrial disability retirement application process.

CalPERS Correctional Officer Disability Retirement Claims

Correctional officers working in Los Angeles area facilities face unique psychological stressors that can result in severe PTSD requiring disability retirement. These professionals deal with daily violence, threats to personal safety, exposure to inmate suicides, and the psychological strain of working in confined, high-tension environments for extended periods. The expanded presumptive disability protections now cover correctional officers under the same standards as police and firefighters, ensuring equal access to CalPERS disability retirement benefits.

The psychological challenges faced by correctional officers often go unrecognized despite the extreme nature of their work environment. Officers regularly witness inmate violence, intervene in life-threatening situations, and face constant threats from individuals with nothing to lose. These cumulative stresses can result in PTSD symptoms that make it impossible for officers to continue performing their duties safely and effectively.

CalPERS attorneys must understand the specific workplace trauma exposures common in correctional settings to properly prepare disability retirement applications for these essential workers. The experienced legal team at Cantrell Green works with correctional officers to document their trauma exposure history and connect their PTSD symptoms to specific workplace incidents and ongoing occupational stressors. This thorough approach ensures that correctional officers receive the comprehensive CalPERS disability retirement benefits they deserve under the expanded presumption laws.

Disability Retirement Process Under New CalPERS Rules

The implementation of expanded PTSD presumptions significantly changes how CalPERS evaluates industrial disability retirement applications from public safety employees. The presumption “may be rebutted by evidence to the contrary, but unless controverted, the board shall be bound to find in accordance with the presumption”, creating a much more favorable legal standard for applicants compared to previous requirements.

CalPERS attorneys must carefully prepare applications that take full advantage of the presumptive protections while providing comprehensive medical documentation of PTSD diagnoses and functional limitations. The process requires coordination between treating mental health professionals, occupational medicine specialists, and legal representatives to ensure that all aspects of the disability retirement claim are properly supported and documented.

The experienced disability retirement attorneys at Cantrell Green understand that successful CalPERS applications require more than just medical evidence of PTSD diagnosis. They work with clients to document specific workplace trauma exposures, demonstrate how PTSD symptoms prevent performance of essential job functions, and establish that the mental health condition will prevent return to active duty. This comprehensive approach maximizes the likelihood of CalPERS approval and ensures that disabled public safety employees receive appropriate monthly disability retirement benefits.

CalPERS Attorneys Ensure Maximum Disability Benefits

The intersection of California’s presumptive PTSD laws with CalPERS disability retirement benefits creates opportunities for enhanced compensation beyond basic monthly payments. Disability retirement benefits are calculated based on years of service credit and final compensation, but additional protections may apply for industrial disabilities caused by workplace trauma exposure.

Public safety employees in the Los Angeles area who qualify for industrial disability retirement due to PTSD may be eligible for enhanced benefit calculations that provide higher monthly payments compared to standard disability retirement. CalPERS attorneys must analyze each case to determine whether clients qualify for maximum benefit enhancements and ensure that applications are structured to secure optimal compensation levels.

The skilled legal team at Cantrell Green also examines potential coordination between CalPERS disability retirement benefits and workers’ compensation settlements for PTSD-related injuries. While these benefits systems operate independently, careful planning can maximize total compensation while avoiding conflicts that could jeopardize either claim. Their comprehensive approach ensures that public safety employees receive all available benefits under both workers’ compensation and CalPERS retirement systems.

CalPERS Disability Retirement Attorneys | Los Angeles Area

Public safety employees throughout the Los Angeles area deserve comprehensive legal support when PTSD symptoms prevent them from continuing their essential service to the community. The expanded presumptive disability protections provide unprecedented opportunities for police officers, firefighters, and correctional officers to obtain CalPERS disability retirement benefits when workplace trauma makes continued employment impossible.

California has made clear that “post-traumatic stress is not a disorder to be stigmatized” but rather a recognized occupational injury deserving of appropriate compensation and support. The experienced CalPERS attorneys at Cantrell Green are committed to helping Los Angeles area public safety employees understand their rights under the expanded presumption laws and navigate the complex CalPERS disability retirement application process.

If you are a police officer, firefighter, or correctional officer in the Los Angeles area experiencing PTSD symptoms that affect your ability to perform your duties, do not let bureaucratic obstacles prevent you from obtaining the disability retirement benefits you deserve. The skilled disability retirement attorneys at Cantrell Green have extensive experience with CalPERS industrial disability claims and understand how to leverage the new presumptive protections to maximize your benefits. Contact Cantrell Green today for a comprehensive evaluation of your disability retirement options and take the first step toward securing the financial stability you need while focusing on your mental health recovery.

CalPERs Disability Retirement Attorneys: 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