SBcera Disability Retirement Attorneys
Public Employee Disability Retirement is a highly specialized area of the law. Only a few California law firms have extensive experience in Retirement Disability cases. Our attorneys have filed hundreds of successful disability retirement applications & appeals for SBcera members and other public employees. Our skilled lawyers have obtained millions of dollars in disability retirement benefits for members of Sbcera, CalPERs & other public retirement associations.
We admire the fact that you have devoted your life to public service – and we are dedicating to helping you get the SBcera benefits for which you have worked so hard.
Our Disability Retirement Attorneys have assisted hundreds of public employees in more than 40 years of legal practice. We can assist you in applying for disability retirement benefits – or in successfully appealing a wrongful disability retirement denial. Call our SBcera lawyers today. Or fill out the short form on the right for a consultation with an experienced Disability Retirement attorney.
SBcera Disability Retirement Facts
San Bernardino County Employees’ Retirement Association (SBCERA) administers service retirement, disability retirement and death benefits to approximately 36,000 members and their beneficiaries – across 17 participating employers.
There are actually three separate means by which a CalPERS member can qualify for their retirement benefits: Service Retirement, Disability Retirement & Industrial Disability Retirement. Service Retirement is based strictly on years of service. However, Disability Retirement & Industrial Disability Retirement may be collected prior to full retirement age IF the employee proves that he or she is unable to work due to a disability.
The San Bernardino County Employees’ Retirement Association (SBCERA) states their mission as: “to provide the members and their beneficiaries with those retirement and related benefits and services which they have earned and which are commensurate with their years of service and compensation…and to administer the benefits impartially, fairly and in accordance with the applicable law.”
Unfortunately, this mission sometimes falls short – and SBcera will question or deny a member’s hard-earned Disability Retirement Benefits. This turn of events can be a devastating blow to a devoted public employee who has dedicated their career to public service – only to find they have been denied their rightful retirement benefits.
Our experienced SBcera attorney have assisted hundreds of injured, ill or disabled teachers, police officers, administrators, transportation & airport workers, firefighters, corrections personnel and other public employees collect the maximum Disability Retirement Benefits for which they qualify.
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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.
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