CONTRA COSTA COUNTY
EMPLOYEES' RETIREMENT ASSOCIATION
  
 

Tier 1 and Safety

Occasionally, an illness or injury may cause a person to become permanently unable to perform his or her job duties. If you are a member of CCCERA and your illness or injury is permanent and severe enough to force you to stop working, you may apply for a disability retirement. Following a review of your application, the Board of Retirement will decide whether you are capable of substantially performing the duties of your position based on medical evidence and the criteria for establishing permanent disability under the 1937 Act County Employees’ Retirement Law.

There are two kinds of disability retirement:

  • SERVICE CONNECTED disability: a member of the Retirement Association becomes permanently ill or injured as a result of performing his or her job duties and is unable to continue performing his or her regularly assigned duties.
  • NON-SERVICE CONNECTED disability: a member’s permanent illness or injury did not arise from his or her employment and is unable to continue performing his or her regularly assigned duties.

Who may apply for a disability retirement?

  • If you are a member of CCCERA, you may apply for a SERVICE CONNECTED disability retirement any time during your employment.
  • If you are a member of the CCCERA, you may apply for a NON SERVICE CONNECTED disability retirement after completing at least five (5) years of retirement service credit.

May another person file an application for me?

  • Yes. The head of your department, a member of the Board of Retirement, or any other person may file an application on your behalf.

When should an application be filed?

  • You should apply as soon as you are reasonably certain that your medical condition prevents you from permanently performing your regularly assigned duties.
  • You may apply while you are still employed.
  • You may apply within four (4) months after you have separated from employment, provided that you have not taken a refund of your contributions from the retirement system.
  • You may apply any time after you have separated from employment if (1) you are able to prove that you have been continuously disabled since your separation, and (2) you can substantiate that you could not have known, with medical certainty, that your condition was permanent, and (3) CCCERA’s ability to investigate your application has not been impaired because of an unreasonable delay in filing the application.
  • You may not apply if you have withdrawn your retirement contributions.

How is my eligibility to receive a disability retirement determined?

  • The medical evidence and all documents provided by you in support of your application for disability retirement will be reviewed by a Medical Advisor to the Board of Retirement, to determine if you are permanently incapacitated.
  • The Board will then review the Medical Advisor’s recommendation and take action on your application for disability retirement if the recommendation is to grant your disability application. In the event the medical advisor’s recommendation is to deny the disability application you may submit additional medical information to support your application, and/or request a hearing within 6 months.

How long does this process take?

  • Usually within six (6) months for NON-SERVICE CONNECTED disability retirement and from three - six months for SERVICE CONNECTED disability retirement, depending on the complexity of the claim.

Do I need an attorney to help me?

  • An application may be filed without the assistance of an attorney. Staff is available to help you.
  • In the event you request a hearing on your application for disability retirement, we recommend that you seek the assistance of an attorney.
  • Any applicant is entitled, at his or her expense, at any and all stages of proceedings, to obtain the services of an attorney or other representative for assistance.

May I receive a service retirement allowance while waiting for the Board to decide upon my application?

  • Yes. If eligible, you may apply for and receive a service retirement regardless of whether you are disabled. You must complete an application for service retirement prior to the date you wish it to become effective.
  • If you are found disabled by the Retirement Board your retirement allowance will be adjusted retroactive to the effective date for the disability retirement.

Could there be any consequences if I take a service retirement allowance pending the Board’s decision?

  • Yes. If you are ultimately found not to be disabled, you may not return to your job.
  • If the retired member should die before a final determination is made by the Board concerning entitlement to disability retirement, the rights of the beneficiary shall be as selected by the member at the time retirement for service.

If my application is approved, when will my disability retirement allowance become effective?

  • Your disability retirement allowance will be effective the date you filed your application with the Board of Retirement; or
  • The day following the last day of your regular compensation, whichever is later.

When will I receive my first check?

  • Usually within 6-9 weeks after the Board approves your application or from your last date of paid compensation, whichever is later.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
How much money will my retirement allowance be?
  • The amount of money you receive for a SERVICE CONNECTED disability retirement is 50% of your final compensation, or the amount of your regular service retirement, whichever is greater.
  • The amount of money you receive for a NON-SERVICE CONNECTED disability retirement is based on your age and how many years you have contributed to your retirement plan. It is generally equal to 1/3 of your final compensation although it could be more, or less, depending on your age and years of service.
  • If you are eligible to receive a service retirement allowance and the amount of that allowance would be greater than the SERVICE CONNECTED or NON-SERVICE CONNECTED disability retirement allowance, you will receive the greater service retirement allowance.
Will my retirement allowance ever change?
  • Yes. Your retirement allowance is adjusted every April 1 to reflect changes in the San Francisco Bay Area Consumer Price Index.
  • Your allowance may increase no more than 3% annually. Supplemental cost-of-living increases may be granted by the Board of Retirement.
Will my retirement allowance change from a disability retirement to a service retirement when I reach normal retirement age?
  • No – If you are granted a disability retirement your type of retirement does not revert to a service retirement when you reach normal retirement age. A disability retirement is a lifetime benefit.
Will I still be eligible for medical dental/vision insurance?
  • If you are approved for a disability retirement, you should contact your employer’s Human Resources Department, Benefits Division, to determine your eligibility for these benefits.

May I continue to work for the County or a District employer in CCCERA if I am found to be disabled?

  • Yes. If you are capable of performing other duties, you may accept a new position with the county or a district employer in CCCERA.
  • If the salary of your new job is less than what you earned when you became disabled and if the Board of Retirement approves your disability application, you will receive a supplemental disability allowance.
  • The supplemental disability allowance you receive will generally increase your salary up to the compensation you had been receiving from your old job; however, it may not be greater than the disability allowance you would have received if you had accepted a disability retirement.
  • If a safety member is found to be disabled and works in a non safety position, the member’s safety status will be maintained.

May I obtain employment other than County or a District employer in CCCERA if I am found to be disabled?

  • Yes. You may obtain full or part-time employment in an occupation outside the County or a district employer in CCCERA.

Can my disability retirement be cancelled at a later date?

  • Yes. If you are under age 55, CCCERA can require you to submit to a medical re-evaluation. If the Board of Retirement determines you are no longer disabled, your disability retirement can be cancelled, but only if your former employer agrees to reinstate you to your former position.

If I worked for another (eligible) government agency, was absent from work due to illness and received no pay, or redeposited withdrawn contributions, may I receive retirement credit for my previous employment?

  • Certain prior employment with the city, state, and federal governments, absence from your job without pay due to illness, or the redeposit of withdrawn retirement contributions may make you eligible to “buy back” retirement credit for your previous service.
  • You may apply for previous service credit by contacting the Retirement Office in writing. CCCERA will notify you of your eligibility and cost
  • Payments for previous service, including interest, must be made within 120 days of your effective date of retirement.

Is it to my advantage to purchase or “buy back” credit for my previous service?

  • Possibly. Purchasing credit for previous service could increase your NON-SERVICE CONNECTED disability retirement allowance.
  • If you have less than five (5) years of employment, “buying back” credit for previous service may allow you to become eligible to apply for a NON-SERVICE CONNECTED disability retirement.

If I have reciprocity with the Public Employees’ Retirement System and/or any other 37 Act county, do I need to advise the other system(s) of my disability retirement?

  • Yes. You must advise the other retirement system(s) when you file your application for disability retirement and retire from all systems concurently?


Is my retirement allowance reported to the IRS?

  • All non-service connected disability retirement pay is reported to the state and federal government during the years in which you receive it.
  • Generally, service connected disability retirement pay is not reported to the state or federal government. However, if you are retired under a presumption statute or if your basic retirement is greater than 50% of your final average salary, you may have a tax liability.
  • You are advised to contact your own tax consultant to determine the taxable portion of your retirement allowance.

Are taxes withheld from my retirement allowance?

  • Federal and state taxes will be withheld as if you are married with three (3) exemptions unless you notify the Retirement Office not to withhold or elect different exemptions.

What if my spouse survives me?

  • If you were married before you retired and are receiving a SERVICE CONNECTED disability allowance, your surviving spouse will receive 100% of your monthly allowance for life. To receive this benefit, your spouse/domestic partner must have been married to you at least one year prior to your retirement, or at the time of your death, your spouse must be at least 55 years old and have been married to you for at least two years.
  • If you were married (1) for at least one year before you retired, or (2) at the time of your death your spouse is at least 55 years old and you have been married for at least two years, and are receiving a NON-SERVICE CONNECTED disability allowance, your eligible surviving spouse will receive 60% of your allowance for life, unless you elect a different option that will actuarially reduce your monthly allowance.

How do I apply for disability retirement?

  • You may request an appointment to discuss the filing of a disability retirement application by calling the CCCERA at (925) 646-5741.

What should I bring with me to my disability retirement interview?

  • Please bring your Social Security Card, Birth Certificate and Marriage Certificate, if applicable.
  • At least one medical report is required with the filing of your disability application.
 
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