LC 4850 (California)

[kandslaw]

Firefighter files for service retirement with PERS in 2008 and selects retirement date as 9-30-09. No allegation that retirement is due to inability to perform job. In May 2009 he is injured on job and is taken off work. LC 4850 is being paid.

If he is not released to return to work and is not P&S as of 9-3-09, is he still eligible for LC 4850 once he retires?

[TC]

Can you prove the applicant intended to voluntary leave the open labor market via his retirement? Stated diffferently, do you have any evidence the applicant intended never to work another day in his life after retirement?
Gonzales v WCAB (1998) 68 Cal.App.4th 843
K-Mart v WCAB (1999 unpub) 65 CCC 27
Quinn v WCAB (2004 unpub 5DCA)

[jakelast@aol.com]

The issue of payment of benefits post retirement to public safety officers is different from the issues in Gonzales and that line of cases. LC 4850 benefits terminate with retirement. LC 4850 provides for termination on disability retirment. Entitlement to Salary ends with service retirement.

I have not had the issue come up recently and am not certain if there are any new statues but in days gone by a PERS disability retirement terminated entitlement to TTD/VR etc. A county of 37 act retirement did not and while full pay benefits ended with retirement, TTD could still be paid.

Laughlin, Falbo has in the past published for its public agency clients an excellent reference manual that discussed these issues.