Disability Retirement
Substantially incapacitated is the measure to determine whether the safety member has eligibility for industrial disability retirement.
If the safety member has a job-related injury and the job-related injury precludes the member from doing his/her position as a result of the industrial injury or illness, he/she may be entitled to a disability retirement allowance.
The threshold is that the job-related injury substantially incapacitates the worker from doing their job duties and the employer cannot or will not create a job that accommodates the incapacitation. Generally, these retirement benefits commence after the expiration of benefits pursuant to Labor Code Sections 4850 and/or 4800.5. There is a different standard used for exhausting benefits under many industrial leave programs.
Typically, the disability retirement allowance pays at a minimum 50% of the final compensation or if they have a formula based upon number of years served that would give a higher allowance, they would receive the higher allowance with a tax benefit available on the first 50% of the compensation paid.
Many retirement systems have time parameters as to when to file for the retirement. It is important that the worker speak to counsel or their retirement system to make sure they timely file.