PERAC's Main Guide-Disability Retirement
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Main Guide

     


     Disability Retirement
 

UNDERSTANDING YOUR RIGHTS


Massachusetts retirement law provides for two different types of disability retirement: accidental and ordinary.

Members who are considering disability retirement should refer to PERAC’s 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.

  

ACCIDENTAL DISABILITY: ELIGIBILITY


Who is eligible to apply for an accidental disability retirement?

  • Essential Duties of Position
    Generally, if a member’s 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.

  

NOTICE OF INJURY REQUIREMENT


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.

   

ORDINARY DISABILITY: ELIGIBILITY


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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