CalPERS Disability Retirement Attorneys

CalPERS Firefighter Disability Retirement

Disability Retirement can be claimed by a firefighter because of any permanent injury or illness that keeps them 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.

This is an important distinction, since industrial disability retirement has certain advantages over regular disability retirement. For starters, unlike regular disability retirement, there is NO years of service requirement required to be eligible for industrial disability retirement.

When it comes to CalPERS disability eligibility CalPERS Disability Retirement requires a substantial inability to perform the usual and customary duties of your position due to an injury or illness, regardless of the origin. However, CalPERS Industrial Disability Retirement requires a work-related injury or illness causing a substantial inability to perform your usual and customary duties.

Equally important, the benefit rates are different for disability retirement and industrial disability retirement. For example, the maximum percentage benefit allowable for CalPERS disability retirement is 33.333 percent, – 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.

Calculating CalPERS Firefighter Disability Retirement

The CalPERS firefighter’s disability retirement benefit allowance is based on the employee’s years of service credit, their benefit factor, and their final compensation:

• The final compensation is the firefighters highest average annual compensation during any consecutive 12- or 36-month period of employment.
• CalPERS uses the firefighter’s full-time pay rate, not their earnings.
• If they work part time or are paid hourly, CalPERS will convert that pay rate to a monthly equivalent.

Calculating CalPERS Firefighter Industrial Disability Retirement

Safety members including firefighters who retire on or after January 1, 2013, for industrial disability will receive a disability retirement benefit equal to the greater of the following:
• 50 percent of their highest consecutive 12-month or 36-month average monthly salary. (An additional annuity may be paid if they have contributions
associated to non-safety service).
• A service retirement allowance, if qualified for service retirement.
• If under age 50, an actuarially reduced benefit factor (determined by the retirement formula and how many quarter years you are under age 50) multiplied by the number of years of service credit.

More information on calculating CalPERS disability retirement can be found in CalPERS official publication HERE.

Taxes on Firefighter Disability Retirement

Tax treatment of disability retirement and industrial disability retirement are also different. While disability retirement benefits are typically reported as ordinary income for tax purposes, industrial disability retirement benefits are generally exempt from federal and California state income taxes if you meet certain criteria.

Illnesses Presumed to be Work Related for Firefighter

Firefighting puts employees in the line of danger and disease at work to a greater degree than perhaps any other profession. In order to compensate firefighters for these huge risks inherent in the line of their courageous duties, the law provides some assistance.

Certain medical conditions are specifically established in the Labor Code as being presumed to be work related. In other words, if a firefighter has one of these conditions, they do NOT have to “prove” that the illness was caused by work. Instead, the law “presumes” that any of the the included conditions were the result of firefighters’ employment.

The illnesses that are presumed to be work-related for firefighters are:

• Cancer  (§3212.1)
• Bio-Chemical Exposures (§3212.85 & §3211.5)
• Blood-borne pathogens (§3212.8)
• Heart (§32120)
• Hernia  (§32120)
• MRSA (§3212.8)
• Meningitis (§3212.9)
• Pneumonia  (§32120)
• Tuberculosis (§3212.6)

The compensation, which is awarded for each of these illnesses, shall include full hospitalization, surgical, medical treatment, and disability indemnity as well as death benefits for the firefighters’ survivors.

In addition to the presumed illnesses, there is service-connected disability retirement for any firefighter who is covered under the County Employees Retirement Law of 1937, who becomes permanently incapacitated as a result of a blood-borne infectious disease that can be demonstrated to be due to the exposure to blood or blood products as a result of performance of job duties.

Firefighters and Known Carcinogens

Known carcinogens – as defined by the International Agency for Research on Cancer – are referred to in Labor Code §3212.1. Exposure to an IARC “known carcinogen” during firefighter duties supports a finding of industrial (service-connected) disability retirement.

While diesel exhaust is not on the list of known carcinogens, many of the particulates that make up diesel exhaust are on the list. Additionally, Cal/OSHA regulates the amount of diesel exhaust exposure. So, firefighters who develop cancer as a result of diesel exposure should also qualify for industrial (service-connected) disability retirement

Firefighter Disability Retirement Attorneys

The disability lawyers at Cantrell Green are among the few attorneys who understand and specialize in firefighter disability benefits. We support and appreciate the incredibly brave firefighters who risk their lives for our community – especially in the ongoing wake of California’s devastating and extremely dangerous wildfires.

If you are a disabled firefighter, call our experienced disability retirement attorneys today. We would be happy to help you determine your eligibility for disability retirement – and we will fight tirelessly to ensure every firefighters receive the benefits of which they are so deserving.

Firefighter Disability Retirement Attorney Free Consultation: 562-622-4800