LACERA Disability Retirement FAQs
Our experienced disability retirement lawyers have helped hundreds of public employees who are members of the Los Angeles County Employees Retirement Association (LACERA). In this article we answer some of our clients most frequently asked questions about LACERA disability retirement.
Are there different types of disability retirement through LACERA?
There are two types of LACERA disability retirement:
- Service-connected disability retirement – the employee’s disability is caused by an illness or injury related to their employment.
- Nonservice-connected disability retirement – the employee’s disability is caused by an illness or injury not related to their employment.)
Which LACERA plans include disability retirement?
Contributory plans A, B, C, and D include disability retirement
Plan E does not include disability retirement. But, Los Angeles County (not LACERA) does sponsor Long-Term Disability and Survivor Benefit Plan provides benefits for Plan E members who become disabled during their active service.
* Note that some conditions and restrictions apply.
Does a Prospective Transfer to Plan D affect eligibility for LACERA disability retirement?
- Service-connected disability retirement – Members who transfer prospectively to Plan D are eligible to for service-connected disability retirement (regardless of the date) if they have 2 continuous years (or 5 non-continuous years of service credit) earned of active service as an active Plan D member after their most recent effective date of transfer.
- Nonservice-connected disability retirement – Plan D members must have earned a minimum of five years of County service credit to apply for a nonservice-connected disability retirement,. This credit can be Plan D, Plan E, or reciprocal service credit, however it must include at least one Plan D service credit.
How is “active service” defined for purposes of LACERA?
LACERA specifically defines active service as “time spent on active, on-the-job performance of the duties of a full-time or part-time position and on any authorized paid leaves of absence; provided, however, that any authorized paid leave of absence or part-time service shall not constitute active service if the leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease.”
Will applying for (or collecting) Worker’s Comp affect LACERA Disability Retirement?
Absolutely not. The Board of Retirement makes an independent decision as to whether LACERA’s disability retirement application is granted and this is completely separate and independent of the Worker’s Comp process.
Is LACERA disability retirement taxed?
An IRS Private Letter Ruling stated that LACERA employees who are getting a service-connected disability allowance may reduce the tax liability of their gross retirement allowance by an amount equal to 50% of their final compensation. Whatever portion of the allowance is greater than 50% of final compensation is then subject to income tax.
Our LACERA Lawyers Can Help
Our experienced LACERA disability retirement attorneys have helped hundreds of LACERA public employees, and we would be happy to talk to you.
We are one of very few Los Angeles area law firms that are highly specialized in Public Employees Disability Retirement. Our attorneys have filed hundreds of successful disability retirement applications and appeals and have obtained millions of dollars in disability retirement benefits for our clients.
Our attorneys can help disabled public employees obtain their disability retirement benefits from any public employee retirement system in California. If you are an injured police officer, firefighter, teacher, administrator or other public employee, who is applying for or appealing disability retirement benefits, call us today.
Free Consultation with a LACERA Disability Retirement Lawyer: 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: