Firefighter took service retirement, was injured on his new job, applied for disability retirement
In a recent case, a pensioner chose to treat two pensions under the County Employees Retirement Law of 1937 as separate. This choice freed him from the limitations of reciprocity, including the disability offset, the California Court of Appeal said.
The plaintiff in the case of Casson v. Orange County Employees Retirement System was a firefighter for Santa Ana City for 27 years. He took a service retirement in 2012 and began receiving monthly pension payments of about $7,200 through the California Public Employees Retirement System (CalPERS).
The plaintiff started working as a firefighter for the Orange County Fire Authority, which used the Orange County Employees Retirement System (OCERS) for its pension system. He did not opt for reciprocity between his CalPERS pension and his OCERS pension.
The plaintiff had an on-the-job injury that prevented him from performing his essential job functions. He applied to OCERS for a service-connected disability retirement.
In June 2017, OCERS approved his application and granted him monthly disability retirement payments of $4,222.81.
In August 2017, OCERS notified the plaintiff that it would impose a disability offset under section 31828.5 of California’s Government Code due to his CalPERS pension payments. Section 31838.5 prevented granting a disability allowance exceeding the amount that a member would get if they stayed in a single...
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