MN PERA Police & Fire Plan Disability Benefits: Things You Should Know

If you’re a Minnesota police officer or firefighter, you are eligible for disability benefits through the Public Employees Retirement Association (PERA) if you are unable to perform your normal job duties for a period of a year or more, as the result of an injury or illness. There are two different basic types of disability benefits, duty disability benefits, and regular disability benefits.

PERA Duty Disability Benefits: Duty disability benefits are paid at a base rate of 60% of your average monthly salary benefit during the highest five consecutive years of earnings. For each year of service credit you have in excess of 20 years, the benefit is increased by 3%. In order to qualify for “duty disability,” you must have a physical or psychological condition that is expected to prevent you from performing your normal duties as a police officer or firefighter for a period of at least a year. In addition, the disability must be the direct result of an injury incurred during, or an illness arising out of, the performance of your duties. Those duties must be specific to protecting property or safety of others, and they must present inherent dangers that are specific to police officers and firefighter.

PERA Regular Disability Benefits: Regular disability benefits are paid at a rate of 45% of your average monthly salary benefit during the highest five consecutive years of earnings. In order to qualify for regular disability benefits, you must have a physical or psychological condition that is expected to prevent you from performing your normal duties for a period of at least a year. The disability can be non-work related, or it can be the result of a work injury incurred while performing duties that are not specific to protecting property or safety, or duties that are not inherently dangerous.

If you are a Minnesota police officer or firefighter considering applying for a PERA disability benefit or a PERA retirement benefit, you should very carefully consider all your options before making a selection.

Things you should keep in mind about PERA disability benefits:

• Not all in-the-line of duty injuries automatically qualify for PERA duty disability benefits. 
• If you are found to be eligible for PERA duty disability benefits, you are also eligible for Continued Health Insurance Coverage under Minn. Stat. §299A.465. 
• There are tax advantages to a PERA disability benefit versus a PERA regular retirement. 
• You cannot apply for a PERA duty disability benefit if you are over the age of 55 and have more than 20 years of service credit. 
• You cannot apply for PERA regular disability benefits if you are over the age of 55 and have more than 15 years of service credit. 
• Even if you are not eligible for PERA duty disability benefits because you are over 55 and have in excess of 20 years of service credit, you are still eligible for Continuation of Health Insurance Coverage under Minn. Stat. §299A.465, if you otherwise meet the requirements for PERA duty disability benefits. 
• If your injury was more than two years prior to the date of your application for PERA duty disability benefits, you must show that you cannot perform the duties you were performing in the 90 days prior to your application. 
• You must procure two PERA Medical Reports from two different doctors supporting your claim for PERA disability benefits. 
• You must apply for PERA disability benefits within 18 months from the date you end your public service. 
• You must separate from service from a PERA covered position within 45 days of being approved for PERA disability benefits. 
• If you are not working, you can earn up to 100% of the salary currently paid for the position between PERA disability benefits and workers’ compensation benefits. 
• If you are re-employed, you can earn up to 125% of the salary currently paid for the position or your salary before you became disabled (whichever is higher), between your re-employment earnings, workers’ compensation benefits, and PERA disability benefits, and if you exceed 125%, your PERA benefit is reduced by $1.00 for every $3.00 earned in excess of the limit. 

Deciding which benefit to apply for, and the application process itself can be extremely confusing and complicated. Unfortunately, it’s easy to make mistakes that can cost you hundreds of thousands of dollars. 

Here are a couple examples of our recent successes:

• We represented a Deputy Sheriff whose application for PERA duty disability benefits was denied on the basis that she was able to perform the light duty tasks she performed in the 90 days preceding her application, and that she was therefore, not disabled. We won her case at an Administrative Hearing, and subsequently were able to reach an agreement with the County as to her termination date so as to secure her a significant back award of PERA duty disability benefits, as well as Continued Health Insurance Benefits under Minn. Stat. §299A.465. We were also able to secure a substantial settlement of her workers’ compensation case. 
• We were awarded PERA duty disability benefits and Continued Health Insurance Benefits for a Police Officer who sustained serious shoulder injuries, resulting in several shoulder surgeries, when he fell down some stairs inside an abandoned building. 
• We secured PERA duty disability benefits and Continued Health Insurance benefits for a Police Officer who suffered a heart attack following a high speed pursuit of a drunk driver, and a physical altercation with the suspect after an on-foot pursuit. Our client had previously applied for, and been denied, PERA duty disability benefits. We were able to subsequently prove that his condition had substantially worsened in the interim, and that he was now disabled. 
• We secured PERA duty disability benefits and Continued Health Insurance benefits for a Police Officer who developed post-traumatic stress disorder after he shot and killed a suspect in the line of duty, and was unable to return to work in law enforcement. 
• We were awarded Continued Health Insurance benefits for a firefighter who was over the age of 55 and had in excess of 20 years of service credit, who sustained a severe low back injury after lifting an extremely obese patient during the course of a medical emergency call. 
• We secured PERA duty disability benefits and Continued Health Insurance Benefits for a Police Officer who sustained arm and elbow injuries after an altercation with a suspect. We also secured a substantial workers’ compensation settlement for him. 

If you’re injured in the line of duty, and you’re concerned about your ability to continue working as a police officer or firefighter, it’s wise to consult with a workers’ compensation attorney who is also experienced in making claims for PERA benefits. It’s VERY easy to make mistakes on PERA claims that can result in you losing out on hundreds of thousands of dollars worth of benefits.

Jen Yackley and Ron Meuser at Meuser & Associate represent police officers and firefighters throughout the state of Minnesota for workers’ compensation and PERA disability claims. For a FREE, NO-OBLIGATION consultation to discuss your claims, call us at 952-345-2052 X.102, or click here to send us an email to schedule a time to speak with Jen or Ron.