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Disability
Retirement
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UNDERSTANDING
YOUR RIGHTS
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Massachusetts retirement law
provides for two different types of disability
retirement: accidental and ordinary.
Members who are considering
disability retirement should refer to PERACs
Guide to Disability Retirement for Public
Employees to enhance their understanding
of their rights, benefits, the presumptions
(Heart Law, Lung Law, and Cancer Presumption)
applied to certain public safety personnel,
and the entire disability process.
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ACCIDENTAL
DISABILITY: ELIGIBILITY
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Who is eligible
to apply for an accidental disability
retirement?
- Essential
Duties of Position
Generally, if a members
permanent incapacitation prevents
him/her from performing the essential
duties of his/her position because
of a personal injury sustained
or a hazard undergone while in
the performance of his/her duties
at a definite time and place and
without serious and willful misconduct
on his/her part, he/she is eligible
to apply.
Is there any
age limitation for applying for
accidental disability retirement?
- Maximum Age
for Group
Firefighters, municipal police
officers, elected officials, personal
staff of an elected official chosen
by that elected official, policy-making
appointees, or immediate legal
advisors of an elected official
and state court judges must apply
before reaching the maximum age
for their group.
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NOTICE
OF INJURY REQUIREMENT
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Should I notify
my retirement board if I am injured
on the job?
- Critical Importance
of Notice
If you have an accident on the
job, or are exposed to a health
hazard, it is critically important
that a notice of injury is filed
with your retirement board in
addition to the notice filed with
your employer. The notice should
be filed within 90 days of the
occurrence of the injury or exposure.
This establishes the time, place,
and occurrence of the accident
for future reference. If you later
become disabled and more than
two years have passed since the
accident or hazard, it is imperative
that you have an official record
in order to seek accidental disability
benefits. The notice of injury
serves as the official record.
- Receipt of
Workers Compensation Benefits
Proof of receipt of Workers' Compensation
benefits may fulfill the notice
requirement for Group 1 members.
Official departmental records
may be utilized for members of
Groups 2, 3, and 4.
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ORDINARY
DISABILITY: ELIGIBILITY
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Who is eligible
to receive an ordinary disability
retirement allowance?
- Non Job-Related
Incapacitation
Any member is eligible whose permanent
incapacitation, due to sickness
or injury that is not job-related,
prevents him/her from performing
the essential duties of his/her
position.
Is there a
service requirement?
- Non-Veterans
Service requirements vary. Applicants,
who file for ordinary disability
retirement on or after January
12, l988, from the State Retirement
System, the Teachers Retirement
System and any other system that
has accepted the provisions of
G. L. c. 32 § 6(1), must
have been granted at least ten
years of creditable service. Most
systems have accepted this provision.
All other applicants must have
been granted at least fifteen
years of creditable service.
- Veterans
Members who are veterans must
have been granted at least ten
years of creditable service.
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