PERAC's Disability Guide - Involuntary Retirement
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Disability Guide

     
    Involuntary Retirement

 

Does my department head have the right to file an application to retire me?

  • Action by Department Head
    Your department head may file an application to retire you (Group 1, Group 2, or Group 4 members) upon the basis of disability (or superannuation). The minimum creditable service and age requirements that are applied to applications filed by members also apply to retirement applications initiated by an employer.

How does the process begin, and do I have any immediate recourse if I feel I should not be retired?

  • Member's Response
    Your department head will file an Involuntary Retirement Application with your retirement board, which requires no information or any statement from you. A copy of this form must be sent to you simultaneously. Within fifteen days of receiving your copy of the form, you may request a hearing before your retirement board if you are a member-in-service of Group 1, Group 2, or Group 4 who has attained age 55 and who has completed 15 or more years of creditable service, or if you haven’t attained age 55 but have completed twenty or more years of creditable service.

Will the process include a medical examination and evaluation?

  • Medical Examination and Evaluation
    If you are not entitled to an initial hearing and/or the board accepts the appropriateness of the disability application, the involuntary process will continue through the same medical evaluation process that governs a voluntary application for a disability retirement.


  • District Court Review
    Any Group 1, Group 2, or Group 4 member who has been involuntarily retired and has attained age fifty-five and completed fifteen or more years of creditable service, or any member so classified who has not attained age fifty-five but who has completed twenty or more years of creditable service, or any such member who is a veteran and has been granted ten or more years of creditable service may seek review of such action in the district court in the district in which he/she resides within 30 days after the certification of the retirement board’s decision.
 
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