CONTRA COSTA COUNTY
EMPLOYEES' RETIREMENT ASSOCIATION
  
 

There are some circumstances when illness or injury may cause a member to be unable to perform his or her job duties. If the illness or injury is severe enough to force the member to permanently discontinue employment, the member may need to apply for a disability retirement.

Applying for a disability retirement can be a rigorous process. Each retirement tier has specific requirements set by statute. After you submit your application, the Retirement Board will decide whether you are capable of substantially performing your job duties, based on medical evidence and the criteria for establishing permanent disability according to the 1937 Act. Usually, the process takes between three and six months.
The Retirement Office has many resources available for members who are considering this option, from printed information sheets to confidential counseling appointments. We urge members to contact CCCERA to get complete information about how a disability retirement may affect you and your survivors.
Safety Non-Service Connected Disability
A non-service connected disability means a member's permanent illness or injury did not arise from his or her employment.

Members are eligible for a non-service connected disability retirement, regardless of age:
31720.
  • If the member has completed 5 years of service (vested status).

In the event of a non-service connected disability event, members who have not attained vested status (under 5 years of retirement service credit) may take a refund of their contributions and accrued interest, or keep the funds in their account until they are eligible for a deferred retirement allowance (age 70-1/2), but they cannot receive a monthly disability allowance.

Non-service connected disability retirement pensions for Safety members are calculated at 1.8% x FAS (Final Average Salary) x Years of Service. If the benefit does not exceed one third of final compensation, service is projected to age 55. However, the total benefit cannot be more than one third of final compensation.

If you are eligible to receive a service retirement allowance and that amount would be greater than the service connected or non-service connected disability retirement allowance, you will receive the greater service retirement allowance.

31726.5
31727.2
Safety Service Connected Disability Information
A service connected disability means a member's permanent illness or injury resulted from, or in the course of, his or her employment.
 
Members who are permanently incapacitated from performance of duty can be retired for disability regardless of age if:
  • the incapacity is a result of injury or disease arising out of and in the course of the member's employment, with the employment contributing substantially to the disability.
31720.
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.
31727.4
Disability "Presumptions" for Active Safety Members

There are certain physical disabilities that have been recognized by the 1937 Act as presumptive, for Safety members. The law presumes that any of these conditions, if experienced by an active, vested, (five or more years of retirement service credit*) Safety member, are job related, and will be considered eligible for a service connected disability retirement.

*The five years of service credit (vested status) can be met with employment at CCCERA, or combined service with a reciprocal agency, such as CalPERS, and/or other 1937 Act systems.

(There are, or course, many other conditions that may lead to a service connected disability retirement.)
These presumptive conditions are:
  • Heart trouble
  • Cancer
  • Blood-born infectious disease
  • Exposure to biochemical substances
31720.5,6
 
  For the most part, the 1937 Act treats these potentially disabling conditions similarly. However, there are some differences:
  • Heart problems, which develop or manifest during working life, are never considered to have been a pre-existing condition.
  • The cancer presumption may be subject to demonstrated evidence of exposure to a known carcinogen that is linked to the disabling cancer. The cancer presumption also extends after retirement, for a period of 3 months for every full year of service, but not to exceed 60 months.
  • The blood-born infectious disease and biochemical substance exposure presumptions may also be subject to other evidence of exposure. But like the cancer presumption, unless evidence is presented to the contrary, the Retirement Board is bound by law to find that these disabilities arose in the line of duty. Both of these presumptions also extend into retirement, for a period of 3 months for every full year of service, not to exceed 60 months.
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