West Palm Beach Duty Disability & Pension Attorney
If you are a union worker and are unable to work due to an on-the-job injury, you may be eligible to retire with certain negotiated benefits. The West Palm Beach Duty Disability & Pension attorneys at Celeste Law Firm are well-experienced in these matters and will represent you through the process of securing in-line duty disability if refused by FRS or a self-insured fund.
Should you become totally and permanently disabled, you may be eligible to receive disability retirement benefits. The FRS actuary reports that about 4% of all FRS members (and 7% of Special Risk Class) will separate from employment due to disability.
There are two types of disability retirement benefits: in-line-of-duty and regular disability. To qualify for either kind of benefit, you must be totally and permanently disabled and unable to work.
These benefits are payable if you become totally and permanently disabled due to an illness or injury that occurs as a result of the performance of job duties. You are eligible for these benefits from your first date of employment in a regularly established position. About 1% of FRS annuitants currently receive these disability payments.
Your minimum in-line-of-duty disability benefit will be 42% of your Average Final Compensation under Payment Option 1 (or 65% if you’re in the Special Risk Class). Your benefit will be based on your actual years of creditable service multiplied by your percentage value for regular retirement benefits if it is higher than the 42% or 65% minimum. Benefits from a self-insured fund are determined by the union contract that was in effect on the date of disability.
Regular disability retirement benefits are payable for an illness or injury from natural causes or an accident not related to your employment. Under FRS, you must have 8 years of creditable service to be eligible for regular disability retirement benefits. About 4% of FRS annuitants currently receive these disability payments.
Your minimum regular disability benefit will be 25% of your Average Final Compensation under Payment Option 1. Your benefit will be based on your actual years of creditable service multiplied by your percentage value for regular retirement benefits if it is higher than the 25% minimum.
Investment Plan disability provisions are the same as those in the Pension Plan. If you want to and are eligible to retire because of a disability, your retirement plan membership will be transferred to the Pension Plan. You will receive benefits under the provisions of that Plan. Your Investment Plan account balance will be transferred to the Pension Plan Trust Fund to help fund your disability benefit.
If you recover from your disability, you will be returned to the Investment Plan and any funds available in your previous Investment Plan account balance minus the benefits received will be transferred as your opening account balance in the Investment Plan. Call Celeste Law Firm in West Palm Beach at 561-478-2447 and speak to our West Palm Beach Duty and Pension attorneys for a free consultation,