2. Q: Are there different types of disability retirement?
A: Yes. There are service-connected and nonservice-connected disability retirements. Service-connected disability retirement is based upon a disability caused by an illness or injury related to the member's employment. Nonservice-connected disability retirement is based upon a disability caused by an illness or injury not related to the member's employment. (12-6-07)

3. Q: Do all LACERA plans include disability retirement?
A: No. Only contributory plans A, B, C, and D include disability retirement; members of those plans who meet certain eligibility requirements may apply for disability retirements. Plan E does not include disability retirement. Information on applying for disability retirement is available in the Benefits section. Disability brochures and forms are available on the Brochures & Forms page. (12-6-07)

4. Q: How does my Prospective Transfer to Plan D affect my eligibility to apply for disability retirement?
A: If you transfer prospectively to Plan D you are eligible to apply for a service-connected disability retirement (regardless of the date of injury) when either of the following conditions is met:

• Two continuous years of active service completed as an active Plan D member after your most recent effective date of transfer (service without medical leave specifically related to a pre-existing disability, injury, or disease).
• If service has not been continuous, five years of service credit earned as an active Plan D member after your most recent effective date of transfer.

To apply for a nonservice-connected disability retirement, Plan D members must have earned a minimum of five years of County service credit. The credit may include Plan D, Plan E, or reciprocal service credit, but must include one of the Plan D service credit options listed above. (12-6-07)

5. Q: How does my Open Window Transfer to Plan D affect my eligibility to apply for disability retirement?
A: Under an Open Window Transfer, you remain in Plan E until your transfer contract is paid in full. Your eligibility to apply for disability retirement begins on the first day your Open Window transfer contract is fulfilled. (12-6-07)

6. Q: I transferred prospectively from Plan E to Plan D. Am I permitted to purchase Plan E time to meet the two-year or five-year eligibility requirement to apply for a service-connected disability retirement?
A: No. A member who has transferred prospectively to Plan D must complete two continuous years of active service after his or her most recent effective date of transfer date or earn five years of retirement service credit under Plan D; the time cannot be purchased. (12-6-07)

7. Q: How is "active service" defined?
A: Government Code Section 31494.5 (g) defines active service as "time spent on active, on-the-job performance of the duties of a full-time or part-time position and on any authorized paid leaves of absence; provided, however, that any authorized paid leave of absence or part-time service shall not constitute active service if the leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease." (12-6-07)

8. Q: How is "pre-existing" defined in matters relating to service-connected disability retirement?
A: Pre-existing refers to any disability, injury, or disease that existed prior to the date a member transferred prospectively from Plan E to Plan D. (12-6-07)

9. Q: In service-connected disability cases, who determines if a leave of absence or part-time service is necessitated by a preexisting disability, injury, or disease?
A: The determination is made by the Board of Retirement, based upon evidence presented by the employer and by the member, if requested by the board. (12-6-07)

10. Q: Does the Worker's Compensation process affect the granting of a Disability Retirement?
A: No. The Board of Retirement makes independent findings; its decision whether or not to grant a member's disability retirement application is completely independent of the Worker's Compensation process.

11. Q: Are any disability benefits available to Plan E members?
A: Plan E has no LACERA disability benefits. The County Long-Term Disability Plan (LTD) is designed to provide certain disability benefits to Plan E general members. For information on LTD, call the County Employee Hotline at 213-738-2143 or 738-2150. (8-24-09)