Involuntary Retirement
- Does my department head have the right to file an application to retire me?
Yes, your department head may file an application to retire you 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 is the process begun, and do I have any immediate recourse if I feel I should not be retired?
Your department head will initially 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 15 days of receiving your copy of the form, you may request a hearing before your retirement board if you are a member-in-service in Group 1 who has attained the age of 60 and completed 15 or more years of creditable service; or 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 20 or more years of creditable service.
- Will the process include a medical examination and evaluation?
If you are not entitled to an initial hearing and/or your retirement 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.
- Where can I appeal if I am involuntarily retired?
Any Group 1, Group 2, or Group 4 member who has been involuntarily retired and has attained age 55 and completed 15 or more years of creditable service, or any member so classified who has not attained age 55 but who has completed 20 or more years of creditable service, or any such member who is a veteran and has completed ten or more years of creditable service may seek review of such action in the district court in the district in which he or she resides within 30 days after the certification of the retirement board's decision.
| Date published: | July 1, 2015 |
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