As a participant in PSPRS, the benefits that are available to you vary depending on your Membership Tier and during the course of your career as a Tier 1, 2 or 3 DB/DC Member, there may come a time that due to injury or illness, you are unable to perform your duties as a Peace Officer or Firefighter. Should that occur, PSPRS provides disability pension benefits that you may become eligible to receive, which may be payable for lifetime (excluding the temporary disability), as long as eligibility is maintained pursuant to statute. As with all benefits, you may reference the PSPRS Member Handbook for additional information and/or you may contact your Local Board to initiate the disability determination process.
If you are not certain who the Local Board contact person is, please Contact Us.
PSPRS provides the following disability pension types, each with different qualifications and requirements as outlined below (to view the following table from a mobile device, click here):
|
Disability Type |
Service Related? |
Qualifications |
Calculation |
Taxability |
Additional Requirements |
|
Ordinary |
No |
|
Tier 1 Members Tier 2 Members Tier 3 DB Members |
Fully taxable to the member. |
|
|
Accidental |
Yes |
Physical/mental condition which totally and permanently prevents you from performing a reasonable range of duties within your position classification that was incurred in the performance of your duties and not the result of a physical/mental condition/injury that existed/occurred before your membership date in the Plan. |
Tier 1 Members For members with 20 or more years of credited service, the monthly benefit is calculated based on normal retirement. Tier 2 Members For members with 25 or more years of service, the monthly benefit is calculated based on normal retirement. Tier 3 Members within the First 90 Days of Employment Tier 3 DC Members |
If less than 20 years of service, benefit is fully non-taxable for lifetime. Tier 1 and Tier 2 DB Members: If greater than 20 years of service, 50% of the average monthly benefit compensation is non-taxable for lifetime, plus any previously taxed monies, if applicable, based on the Exclusion Ratio Safe Harbor Method, are non-taxable income. |
A member shall file an application for a disability pension after the disabling incident or within one year after the date the member ceases to be an employee and employment is terminated by reason of disability. |
|
Temporary |
Yes |
Physical or mental condition that totally prevents you from performing a reasonable range of duties within your department, but is temporary in nature and has a foreseeable rehabilitation period that you may be able to return to full duty. |
Tier 1, 2 and 3 DB Members Tier 3 Members within the First 90 Days of Employment Tier 3 DC Members |
Fully non-taxable to the member. |
|
|
Catastrophic |
Yes |
Physical conditions that totally and permanently prevents you from engaging in any gainful employment. Catastrophic disabilities are the most severe of physical conditions incurred while on duty and whose injuries far exceed injuries that would otherwise qualify for an accidental disability. |
Tier 1, 2 and 3 DB Members At the members 61st month, the Local Board will determine one of the following: 1) If a Tier 1 or Tier 2 member continues to qualify for a catastrophic disability, the benefit will be adjusted to either 62.5% of the average monthly benefit compensation, or normal retirement, whichever is greater – then any amount above 62.5% becomes taxable to the member. OR 2) If the member no longer qualifies for a catastrophic, but qualifies for an accidental disability, the monthly benefit is adjusted to 50% of the average monthly benefit compensation (Tier 1), or 62.5% of the average monthly benefit compensation (Tier 2) – or normal retirement, whichever is greater – then new taxability rules will be based on the members years of service; see the Accidental Disability > Taxability. Tier 3 Members within the First 90 Days of Employment Tier 3 DC Members |
Fully non-taxable to the member for the first 60 months, then new taxability rules may apply; see the Calculation section. |
A member shall file an application for a disability pension after the disabling incident or within one year after the date the member ceases to be an employee and employment is terminated by reason of disability. |
Disability Determination Process
Determining your eligibility for a disability pension is a multistep process, which is handled by your Local Board. Below highlights that process. However, your local board may have specific policies and procedures/rules in place when it comes to applying for a disability. You will need to contact your Local Board to initiate the disability determination process.
Rehearing Rights
When your local board renders a decision on your application for disability and you disagree with the decision that was made, under statutes you do have the ability to request a rehearing on the matter. In order to make a request for rehearing, the conditions must be met:
- Your request must be in writing and sent directly to your local board, highlighting your reasoning for why your local board should reconsider their original decision.
- The request must be made within 60-days of either being in attendance at the meeting where the decision was made, receiving notification of the board’s action via certified mail or by receiving benefits, whichever occurs first.
Disability Follow-Up
- If you are granted a disability pension, you may be required by your Local Board to undergo follow-up medical evaluations periodically to continue receiving the disability pension until normal retirement criteria is met.
Once you have determined which one of the 4 disability types you feel you may qualify for, your first step is to meet with your Local Board Secretary to make a formal application for disability. As part of the application, you will need to identify your physicians who have treated you for your noted disabling condition. Additionally, you will need to provide all the medical documentation associated with the disabling condition.
Once you have submitted your complete disability application, your local board will meet to review the application and medical documentation to determine if sufficient evidence exists to warrant continued consideration of disability pension. If so, your local board will take official action to appoint a physician to conduct an IME. Dependent on the circumstances of your application, if sufficient evidence does not exist, your board may table your application pending additional documentation or, they may take action to deny the application in its entirety. If denied, you have rehearing rights under PSPRS statutes.
While each Local Board may have differing processes or procedures to handle the administration of IME(s) for their members, you will be required to meet with their appointed physician in order to have the evaluation conducted in accordance with statutes. This Physician will be evaluating your condition/injury in relation to the duties and responsibilities of your position and/or department based on the type of disability benefit you are applying for.
After receipt of the Medical Board’s medical evaluation, your Local Board will meet to further consider your application. At this point, your board needs to determine whether your condition/injury, based on their IME doctor’s report, meets the statutory requirement for potential approval. If approved, you will work with your Local Board Secretary to finalize all remaining paperwork required to initiate any benefits. If your application is denied at this point, you still have rehearing rights under PSPRS statutes.
Once your board has completed their disability determination process and your disability pension packet has been completed, your board will submit all documents to our office for review and processing. Your disability packet will be reviewed by our Member Services and Legal Department to ensure that all statutory requirements for disability have been met. Concerns that arise with your disability packet may result in delay in establishing benefits or may result in our office requesting a rehearing of the board’s decision. If our office concurs with the decision made by the board and your disability pension packet is fully complete, your disability pension will be initiated for payment.
Note: Benefits are always paid the last business day of the month.
