Understanding LACERA Disability Retirement Eligibility
The law firm of Cantrell Green is highly specialized in LACERA Disability Retirement cases. We have obtained millions of dollars in LACERA disability retirement benefits in our more than four decades of service to injured workers.
Whether you are a law enforcement officer, firefighter, teacher or school employee, administrator, corrections officer, sanitation, transportation or airport worker, or other public employees our lawyers are here to fight for your rights if you were wrongful denied your disability retirement benefits.
In this article the experienced lawyers at the LACERA law firm of Cantrell Green recap some of the basics regarding who is eligible for LACERA disability retirement benefits, as well as other important FAQs to keep in mind!
Who is Eligible for LACERA Disability Retirement?
LACERA General Plans A, B, and C all provide disability retirement benefits for active members who are permanently incapacitated for the performance of their regular job duties.
The determination of permanent disability is made by the Board of Retirement (BOR).
However, note that a member who has withdrawn their retirement contributions is not eligible to collect disability retirement.
What are the Two Types of LACERA Disability Retirement?
There are two types of disability retirement, that depend on the circumstances surrounding the disability.
Service-connected disability (SCD) provides compensation to members with a permanent disability resulting from an illness or injury directly related to their County employment. The BOR must find a direct causal link between the workplace and disability to approve SCD retirement.
There is no age or service requirement to qualify for SCD.
Nonservice-connected disability (NSCD) provides compensation to members with a permanent disability resulting from an illness or injury not related to their County employment.
There is no age requirement to qualify for NSCD, but the member must have at least five years (120 pay periods) of County (or County and reciprocal) service credit.
What if I Can Perform a Different Type of Work?
If the BOR finds that a permanently incapacitated member cannot perform their regular job duties, but CAN perform the duties of another County position, they may be eligible for an SCD or NSCD “Salary Supplement”. This is a benefit supplements the difference in compensation between their original job the new lower-paying County position.
How Much Will My LACERA Disability Retirement Be?
The LACERA Disability Retirement amount depends on a formula using the type of disability retirement granted (SCD or NSCD) and the amount of the member’s final compensation. The original amount of the benefit is subject to annual COLA adjustments, so your benefit will raise if and when the cost of living goes up.
SCD benefit amounts are the higher of: (1.) One-half of the member’s final compensation; or (2.) The member’s full service retirement allowance (if they are eligible)
The NSCD benefit amount will be the higher of: (1.) An amount based on age and length of service up to one-third of the member’s final compensation; or (2.) The member’s full service retirement allowance (if they are eligible).
When Do I Have to Apply for LACERA Disability Retirement Benefits?
There are three ‘timeframes” in which a member can submit an application for either Service-connected Disability retirement (SCD) or Non-service-connected disability retirement (SCD).
#1. While the member is still employed, or
#2. Up to four months after the member has terminated employment, or
#3. Any time after terminating employment, BUT ONLY IF
- The member is physically or mentally unable to perform their regular job duties, and
- Their condition has been continuous from the date of separation, and
- The delay in filing has not compromised LACERA’s ability to investigate the facts of the case.
The complete and official list of information for filing a LACERA Disability Retirement claim can be found HERE.
Our LACERA Disability Retirement Law Firm Can Help
But, as you can see, time is of the essence when filing LACERA Disability Retirement claims. Our experienced LACERA disability retirement lawyers have helped hundreds of LACERA public employees, and we would be happy to talk to you, to ensure your LACERA Disability Retirement claim is filed in a timely and correct manner.
We are one of very few Los Angeles area law firms that are highly specialized in Public Employees Disability Retirement. Our lawyers have filed hundreds of successful disability retirement applications and appeals and have obtained millions of dollars in disability retirement benefits for our clients.
LACERA Disability Retirement Law Firm: 800-964-8047
This article applies to members of the Los Angeles County Employees Retirement Association (LACERA); 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 office at: 562-622-4800
Thank You for Visiting Our Disability Retirement Blog!
Our highly specialized disability retirement attorneys are committed to ensuring that every injured or disabled public employee obtains the disability retirement benefits he or she has earned.
We have successfully filed hundreds of disability retirement applications and appeals – obtaining millions of dollars in disability retirement benefits in our four decades of legal service.
In our Disability Retirement Blog, our attorneys keep you updated on the latest, news and information pertaining to CalPERS, CalSTRS, OCERS, LACERA, SBcera, VCERA & SDCERA disability retirement.
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