Disability Benefits
Disability Benefits
- THE BASICS
- POLICE & FIRE TREATMENT REQUIREMENT
- POLICE & FIRE DISABILITY OFFSETS
To Qualify for Disability
Your disability must have lasted or be expected to last at least one year to qualify for disability benefits from PERA. Each plan has specific requirements that must be met for a disability benefit. For specific details on your plan requirements for disability benefits, visit the Member Handbook.
- >>Attention Police & Fire Duty Disability Applicants: Review the Police & Fire Treatment Requirement tab for more information on the process.
When Benefits Begin
Disability benefits begin when you no longer have sick or vacation time credited to you and are no longer receiving any other salary payments. Benefits can be paid retroactively, but no more than 90 days prior to the day PERA receives your application.
Contact Us
If you plan to apply for a disability benefit, contact us for more information.
Police & Fire Duty Disability Applicants
Effective July 1, 2023, members interested in applying for a Police & Fire duty disability benefit due to psychological conditions must first complete psychological treatment before they are eligible to apply. Members must be active in the Police & Fire Plan or within 18 months of termination to be eligible.
>>Reminder: Members who are past 18 months from termination are not eligible to apply for PERA disability benefits or the treatment requirement. Additionally, members must complete the treatment requirement and submit a valid disability application within 18 months of termination.
Where do I start?
Members in the Police & Fire Plan with a psychological condition which is the result of the performance duties related to their position can initiate the process by calling PERA at 651.296.7460 to request a treatment requirement letter.
Members that submit a disability application for a duty disability or total and permanent duty disability based on a psychological condition without completing the treatment requirement will need to submit a new application after completion of the treatment. PERA will send these members a treatment requirement letter. Terminated members must complete the treatment requirement and submit a disability application within 18 months of termination.
What’s included with the letter?
The treatment letter includes the PERA Psychological Condition Treatment Application. The treatment application has a section for the member and the member’s mental health professional to complete. Members must submit a completed treatment application to PERA. Once the application has been reviewed, we will certify “on duty” dates with the member’s employer and follow up with the member regarding the treatment requirement.
What is required to complete the process?
In order to satisfy the treatment requirement, members must receive treatment for their psychological condition for up to 24 weeks. Members are responsible for finding a mental health professional.
The mental health professional must also include monthly treatment assessments. They must assess the member’s progress in treatment monthly, including any change to their ability to return to work with their employer. PERA will request these assessments be submitted when the member sends in the treatment report.
Note: Those who are unable to get into treatment with a mental health professional within 30 days must notify PERA and their employer. Notification must include written documentation from a mental health professional and a proposed treatment start date.
The treatment requirement must be met for a member to apply for a duty disability benefit due to a psychological condition.
Do I need an attorney?
No. PERA members do not need an attorney in order to be approved for the treatment requirement. The process to apply and be approved for treatment is simple and only requires the member and a mental health professional to complete.
Additionally, a member’s current provider or mental health professional can assist them to begin psychological treatment and document progress in treatment monthly. Members may, however, choose to have an attorney represent them.
When do I contact my employer?
Members should contact their employer:
>>If treatment costs are not paid for by their health insurance. PERA does not cover costs for treatment nor is PERA involved with finding a mental health professional that will provide the treatment.
>>For continuation of salary and benefits during treatment.
>>For comparable employment opportunities before, during, or after treatment. A comparable position is one that provides salary and employer-provided benefits equal to or greater than the member’s position.
After the Treatment Period
After 24 weeks, PERA will follow up with the member regarding the completion of the treatment requirement by asking them to complete and return the PERA Psychological Condition Treatment Report. This treatment report must be completed by the member and mental health professional. The mental health professional will indicate whether:
>>treatment for an additional eight weeks could help the member return to work;
>>the member is able to work in a comparable position with the employer; and
>>treatment was completed for up to 24 weeks and the member’s condition prevents them from:
(1) Performing the normal duties of a police officer or firefighter, and
(2) Returning to work with their employer.
Based on the mental health professional recommendation, PERA will either:
>>extend treatment an additional eight weeks;
>>advise the member to contact their employer for available job opportunities in comparable positions; or
>>send a disability packet which includes an estimate, application, and other disability information.
Next Steps
After completion of the treatment requirement, members may apply for duty disability benefits based on a psychological condition.
Questions?
As members go through this new process there may be questions. If you have questions, please email benefits@mnpera.org with the subject line “Treatment” and include your full name. If you have any questions about Police & Fire legislative changes, please visit our web page at mnpera.org/legislation.
If you are receiving a regular or duty-related disability, you can work as long as the new position is not covered by the PERA Police & Fire Plan. If you return to a PERA-covered position not considered Police & Fire, you will not pay contributions to PERA.
Workers’ compensation benefits will no longer offset disability benefits. If you have no reemployment earnings, there will be no offset to your disability benefit.
On July 1, 2023, PERA’s statute regarding how offsets are calculated changed. This section is for individuals impacted by this change. Those members are P&F disability recipients with reemployment earnings who have:
1. A benefit effective date on or after July 1, 2023, and;
2. A benefit effective date prior to July 1, 2023 who are required to provide continuing eligibility, also known as reapplication.
Earnings and Regular or Duty Disability
If you are receiving a disability benefit and have reemployment earnings, your benefit may be impacted by two offsets:
Offset 1: This offset applies if you have less service than the minimum benefit you are receiving.
» regular disability—minimum 15 years
» duty disability—minimum 20 years
Offset 2: This offset applies if the disability benefit plus reemployment earnings exceeds what the current base pay is for the position held at the time of disability. If your earnings when added to your disability exceed 100% (but less than 125%) of the base salary currently paid, the disability benefit will be reduced $1 for every $2 over. If your earnings when added to your disability exceed 125% of the base salary currently paid, the disability benefit will be reduced $1 for $1 over.
Resources:
Reemployment Earnings Offset Calculator
Earnings and Total and Permanent Disability
If you remain totally and permanently disabled, you may return to employment, as long as that employment is not considered to be substantial gainful activity.
The law does not define “substantial gainful activity”. However, we will likely ask that you provide medical documentation that you continue to be totally and permanently disabled, as defined by law, if you are:
» earning more than the Social Security limit,
» working or volunteering more than 20 hours per week, or
» participating in substantial activity, i.e. attending school on a part-time or full-time basis.
If you remain totally and permanently disabled and have earnings, your benefits are not offset.
Reductions are Not Refunded Later
Any amount deducted from your disability benefit due to employment is not recoverable at a later date.