SBcera Disability Retirement Requirements
Generally, a disability retirement application must be submitted while the employee is still in service as an SBcera Active Member – or within four months after discontinuance of service. Or it must be established that the worker has been continuously physically or mentally incapacitated from the date of the actual discontinuance of service.
Service-Connected Disability Retirement
To collect Service-Connected Disability Retirement, your permanent incapacity must be a result of an injury or disease arising out of your employment. There is no service credit requirement to collect SBcera Service-Connected Disability Retirement.
The monthly SBcera Service-Connected Disability Retirement benefit is 50% of your highest final average compensation – or your service retirement benefit amount – whichever one is greater. Note that 50% of your highest final average compensation may be excluded from taxable retirement income.
Remember, even if you have been found eligible for Workers’ Compensation, you are still required to complete all applicable Disability Retirement forms. SBCERA may request and review any Workers Comp claims and reports you have filed – however they are not bound to follow the findings in your Workers’ Compensation determination.
Nonservice-Connected Disability Retirement
If your permanent incapacity is not a result of an injury or disease arising out of your employment, you must have at least 5 years of service credit to collect SBcera Nonservice-Connected Disability Retirement. Note that any approved service credit in a system with reciprocity does count toward your required five years.
The monthly benefit or a SBcera Nonservice-Connected Disability Retirement, is 20% up to a maximum of 40% of your highest final average compensation. This will depend upon your years of service credit or your service retirement benefit amount, whichever is greater. Remember that your benefit will be 100% taxable.
If YOU are a public employee who needs to apply for – or fight a denial of – SBcera Disability Retirement Benefits, call our experienced Sbcera lawyers for a consultation.