As soon as you are reasonably certain that your medical condition permanently prevents you from performing your regular job duties, you should file a disability application. You may apply while you are still employed or within four months following your separation from employment. You also may apply at any time from the date of discontinuance of service (the last day for which you received compensation) if you demonstrate, through medical evidence, that you have been continuously physically or mentally incapacitated from performing your job duties. You may not apply if you have withdrawn your retirement contributions.

Yes. Your department head or anyone else may file on your behalf, with or without your permission.

The Board of Retirement will review pertinent medical reports and records to determine if you are permanently incapacitated. The medical reports are initially provided by you and additional medical reports may be obtained by KCERA’s third party administrator, Managed Medical Review Organization (MMRO).

No. KCERA and your employer’s Risk Management division, which is responsible for administering workers’ compensation, are separate legal entities whose actions and decisions are not binding on each other. In addition, any information provided to workers’ compensation does not automatically go to KCERA. Any information pertaining to your disability retirement application/process should be sent to KCERA by you or someone on your behalf.

An average of 12 months from the date your application is filed. If the Boards decision is appealed, it may take longer. Each case is different, so processing times will vary.

An application may be filed with or without the assistance of an attorney. If the Board’s decision is appealed and your matter goes to hearing, you may wish to obtain the services of an attorney. KCERA will be represented by an attorney. You may, however, represent yourself in any hearing or court proceeding. No other person, besides an attorney or yourself, may represent you.

Yes. If you are eligible to regular service retire, you may file for a service retirement while you are awaiting determination of your disability application. If you are found to be permanently incapacitated by the Board and granted a disability retirement, your service pension will be adjusted and any monetary differences will be paid to you.

Yes. In order to receive a service retirement benefit, you must terminate your employment. If it is determined that you are not eligible for a disability retirement, you may not return to your job.

If you do not take a service retirement benefit pending the Board’s decision on your disability retirement application, and it is determined that you are not permanently incapacitated, you have the right to be reinstated by your employer.

Your disability retirement will be effective on the date you filed your application with the Board or the date following the last day for which you received regular compensation, whichever is later. If it is determined by the Board that the filing of your application was delayed because you could not determine the permanency of your disability, or if an administrative oversight caused the delay, the effective date of your disability retirement benefit will be the date following the last day for which you received regular pensionable compensation.

You and your department payroll/personnel representative should determine if you are eligible to use your accruals before receiving your disability retirement benefit.

Usually within six (6) weeks after the Board approves your application.

The benefit for a service-connected disability retirement is 50% of your final compensation. That 50% will not be subject to federal or state taxes. Depending on your retirement tier, the final average compensation is based on either your highest 12 or 36 consecutive months of salary. 

The benefit for a non-service connected disability retirement is determined by your years of service, in which you must have a minimum of five (5) years of service in order to be eligible.

The minimum benefit for a non-service connected disability is 20% of your final compensation for members with 5, up to 6 years of eligible service. This benefit will go up 2% for each additional year of service, up to 15 years, were it will max at 40%.

This benefit is subject to federal and state income taxes.

If you are eligible to receive a service retirement, and that benefit is higher than the service-connected or nonservice-connected disability retirement benefit, you will receive the higher benefit of the service retirement, while retaining the disability status.

Yes. Annual cost-of-living adjustments (COLAs) are effective April 1 each year and is reflected on the payment for that month, April 30th. The COLA is based on the Consumer Price Index (CPI) for the Los Angeles area and is determined annually by the Board of Retirement. The current annual maximum COLA is 2.5%. Any changes in the CPI over the maximum are held in a COLA bank and are applied to your benefit in a future year when the CPI change is less than the maximum.

Yes. Please refer to your employer’s Health Benefits Plan Document. The medical plan options available to you are administered by your employer.

Yes. If you have filed for a disability but are able to perform other duties within any applicable medical restrictions, you may accept an alternate work position within the County while your disability application is pending. (Cal. Gov. Code §§ 31725.5, 31725.65). If you are then granted a disability retirement, you would be eligible to continue your tenure in the alternate position while receiving a supplemental disability allowance.  If the salary in your alternate work position is less than the salary of the position from which you were disabled, KCERA will compensate you for the difference by paying you a supplemental disability allowance while you continue to work. If at any time your alternate position pays you more than you would have received from your previous position, the supplemental allowance will cease. Likewise, the amount of the payments shall not be greater than the disability retirement allowance to which you would otherwise be entitled.

Please refer to KCERA’s FAQ on Supplemental Disability Allowance : https://www.kcera.org/supplemental-disability-allowance