Public Employee Retirement Eligibility Requirements
At the Law Offices of Craig Dykman, we seek to educate our employees through providing information relevant to services that we provide.
Almost all California public employees are entitled to enhanced disability retirement benefits in the event of permanent incapacity for duty resulting from an on-the-job injury. The disability retirement benefits to which an employee is entitled depend on:
- The system to which he/she belongs; his/her job classification.
- The employer’s agreement with the retirement system; the collective bargaining agreement.
- The circumstances from which entitlement arises.
The applicable procedure varies, according to the particular system of which he/she is a member. There are significant differences.
Who may apply?
Public employees incapacitated as the result of an industrial disability may apply for an Industrial Disability Retirement regardless of age or length of employment.
Generally, to receive an industrial disability retirement, one must apply prior to termination of service, withdrawal of contributions, or ordinary service retirement. There are some exceptions.
When must an application be made?
Application for retirement may be made by the member; his/her employer; or anyone acting on his/her behalf.
An application for retirement must be made:
- While employed or absent on military leave.
- Within four months of discontinuance of service, or while on an approved leave of absence.
- While the member is physically or mentally incapacitated to perform duties from the date of discontinuation of service to the time of application.
What is the amount of the disability retirement allowance?
The Industrial Disability Retirement Allowance is generally 50% of the member's final compensation, or the amount of the service retirement allowance, if that is greater for members over age 50.
What is disability?
To qualify for an Industrial Disability Retirement, a public employee must demonstrate an “incapacity for performance of duty.” The courts have defined “incapacity” as a substantial inability to perform the duties of one’s position. However, a fear of future incapacity has been held not to be a present and permanent incapacity.
Marin County Public Employee Retirement Attorney
The Law Offices of Craig Dykman will help all public employees navigate the system and ensure that they are awarded the maximum benefit.
Call the Law Offices of Craig Dykman today at (415) 454-8545 or contact us here.