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  • Cal Pers

    Does any one know anything about working as a law enforcment officer in another state, after you have medically retired from Cal Pers. Are there any limitations. If so, how can Cal Pers inforce them.

    Thanks

  • #2
    Don't know how to explain this one in 25 words or less. Let's assume you incurred a work related injury that makes it medically inappropriate for you to lift or drag over 50 pounds. Because you are expected to lift or drag more than that weight as a cop (my agency requires us to be able to drag 200 pounds), you receive a disability retirement.

    You can take any non-PERS job that does not require you to perform the duties that resulted in your receiving a disability retirement. In this case, you can't take a job that requires you to lift or drag 50 pounds or more.

    Because the physical requirements of most police jobs are similar, it's going to be hard to find another peace officer position that is within your limitations unless its one of those really passive investigative jobs.

    If you take a job performing the duties that got you retired, CalPERS has two remedies. If you are under 50, you lose your pension but you have a right to be reinstated in your old position. If you are over 50, you keep your retirement but you lose the 50% tax free status on your pension.

    There are a lot of other quirks in the system so you really need to consult an attorney or check with CalPERS.
    Going too far is half the pleasure of not getting anywhere

    Comment


    • #3
      Originally posted by L-1
      Don't know how to explain this one in 25 words or less. Let's assume you incurred a work related injury that makes it medically inappropriate for you to lift or drag over 50 pounds. Because you are expected to lift or drag more than that weight as a cop (my agency requires us to be able to drag 200 pounds), you receive a disability retirement.

      You can take any non-PERS job that does not require you to perform the duties that resulted in your receiving a disability retirement. In this case, you can't take a job that requires you to lift or drag 50 pounds or more.

      Because the physical requirements of most police jobs are similar, it's going to be hard to find another peace officer position that is within your limitations unless its one of those really passive investigative jobs.

      If you take a job performing the duties that got you retired, CalPERS has two remedies. If you are under 50, you lose your pension but you have a right to be reinstated in your old position. If you are over 50, you keep your retirement but you lose the 50% tax free status on your pension.

      There are a lot of other quirks in the system so you really need to consult an attorney or check with CalPERS.
      I agree with L-1.

      If you were granted a disability/medical retirement you shouldn't be able to become a police officer anywhere else. Part of the disability retirement is the inability to preform the job requirements of a police officer...so how would you be able to be a cop in another state? Like L1 stated, unless the requirements were different, it would probably be a "no no" with workers comp and your dept may stop your pension.

      California's workers comp reform is a joke. We have been battling with them for five years. Deputyx1 was medically retired after two on the job injuries. We "settled" for lifetime medical on the injury. Now, authorization for ALL medical treatments have been stopped. We now have to pay for all doctors appts and treatments.

      WC will only pay for the treatment if it cures the problem. Hell, if the problem was curable, Deputyx1 would still be a cop. As it stands, Deputyx1 cannot drive, sit for a long period of time or walk further than a block.

      Sorry, I started to vent. Back to the subject. If you contact an attorney make sure he/she is a workers comp attorney. Also the State of California has a website http://www.dir.ca.gov/IMC/imchp.html. or http://www.dir.ca.gov

      Good luck to you!

      Edited- re worded
      Last edited by deputy x 2; 02-05-2006, 12:17 AM.
      This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

      Comment


      • #4
        Do you think Cal Pers would be able to answer my question. Or should I just contact a retirement Lawyer.

        I have had friends that have retired (medical) from law enforcement in California, but went to Idaho and became sworn officers there.

        As far as reinstating back to the department I retired from. How could they make me do that when I have moved clear across the country. Also I asked my department before I moved if I was cleared by my doctor to return to work if they would hire me back. They told me they would, but city hall would not.

        I am not arguing anything you guys have said, I'm just trying to make sure I do the right thing before I accept a sworn position where I live now.
        Last edited by UtlGoa; 02-04-2006, 11:42 PM.

        Comment


        • #5
          Originally posted by UtlGoa
          Do you think Cal Pers would be able to answer my question. Or should I just contact a retirement Lawyer.

          I have had friends that have retired (medical) from law enforcement in California, but went to Idaho and became sworn officers there.

          As far as reinstating back to the department I retired from. How could they make me do that when I have moved clear across the country. Also I asked my department before I moved if I was cleared by my doctor to return to work if they would hire me back. They told me they would, but city hall would not.

          I am not arguing anything you guys have said, I'm just trying to make sure I do the right thing before I accept a sworn position where I live now.
          I would suggest a Worker Comp lawyer in California! They are aware of the recent changes.

          Sounds like you were deemed permanent and stationary and forced to retire.

          If you need any assistance PM me.
          Last edited by deputy x 2; 02-05-2006, 12:40 AM.
          This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

          Comment


          • #6
            Originally posted by UtlGoa
            Do you think Cal Pers would be able to answer my question. Or should I just contact a retirement Lawyer.
            Believe it or not, CalPERS is not adversarial about giving info on this and they go out of their way to give you good advice. (They even run seminars for both retirees and those about to retire, telling them about every loophole in the system that will allow you to squeeze every penny you can out of the state.) However, once in a while you will get someone at CalPERS who is not really well versed on public safety issues or who has trouble understanding your question and starts winging it, That's why I would also cross check with a California W/C attorney who specializes in cops.

            Originally posted by UtlGoa
            As far as reinstating back to the department I retired from. How could they make me do that when I have moved clear across the country.
            No one will make you move home and resume your old job again, it's your choice. However, no matter what you decide, you will lose your pension (or the tax free disability portion) if you are back to performing the same duties that you couldn't do before.

            Originally posted by UtlGoa
            Also I asked my department before I moved if I was cleared by my doctor to return to work if they would hire me back. They told me they would, but city hall would not.
            Under the government code, your agency must make you a bona fide offer of re-employment if your pension is cancelled. If they refuse, you will need to go back to court and get an order either mandatory reinstating you or reinstating your pension.
            Going too far is half the pleasure of not getting anywhere

            Comment


            • #7
              When I was going through the workers comp crap with my injury, I hired a lawyer. I guess I'll call him Monday and see if he can answer my questions. Or should I find a retirement lawyer.

              Once again, thanks for the help. I just want to do the right thing and not loose my retirement. I make more on my retirement than the State Police, Sheriff's and Police Officers make back here in a year.


              "Sounds like you were deemed permanent and stationary and forced to retire."
              The personnel manger for the city came to my deposition with the city lawyer. She told my lawyer that the city did not want me back. It was all down hill from there.
              Last edited by UtlGoa; 02-05-2006, 10:38 AM.

              Comment


              • #8
                Typical WC crap...trust me. I know first hand.

                You can call the lawyer you had, however he/she was already paid and isn't going to get a cent because your case was settled. We called our WC lawyer back to see if he would help us with the crap that is going on now. We have to pay him out of our pockets. The good thing is, once they know you have retained a lawyer, they cut most of the crap out. THE FIGHT IS ON!

                Again, I say a WC lawyer. I don't know what you mean by retirement lawyer.

                Like I said, my offer stands, if you need anything on my side (California) let me know.
                This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

                Comment


                • #9
                  The Lawyer I had delt only with the workers comp side of my injury. He had nothing do do with my retirement. He told me if the city starts screwing me during my retirement I would have to hire a Retirement Lawyer.

                  Before I moved from California to Kentucky I contacted Pers to change my address. I asked the lady on the phone if I could go back to being a Police Officer in another state, and if it would hurt my retirement. The lady asked if the employer was a Cal Pers agency. I told her no, not in Kentucky. The lady told me they did not care what I did outside the state of California. I asked her if I could get that in writing. She refered me to the "Employment after retirement" publication that Pers offers. I went to Pers web site and read the pamphlet. It says nothing about working outside the state of California. It tells about working within the state.

                  Maybe you could read it and see what your take is.

                  As far as being forced out, you hit it on the head. I loved my career, but what do you do when doctors tell the city to retire you. Oh, and all this was over a knee injury I sustained getting out of a unit. I did have four arthroscopic surgeries done, but my knee is just as good as it was before the injury happened. I'm only 36 and I'm to young to be retired.

                  Comment


                  • #10
                    Okay I read it.

                    Page 5 Under what you chould know before working after retirement.

                    Employment while disability retired:
                    If your employment will be with a non Cal Pers employer-Your employment must be in a position significantly different from which you were found to be disabled.

                    I don't know if this only pertains to California but I don't see anything about being in another state.

                    Hmmm,,Maybe SgtTom can help out! He's pretty knowledgeble. Zip him a PM and ask him to look at this thread
                    This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

                    Comment


                    • #11
                      Who is Sgt Tom?

                      Well you read it like me then. I just don't want to do anything that is going to make me loose my retirement. Maybe if I still lived in California where I can make more money as a police officer, but not here in Kentucky.

                      Comment


                      • #12
                        sgttom is a forum member. Look him up on the members list and PM him.

                        I'd check into it before you make your decision. Yes you can make a good living out here as a cop. However, if you are medically retired, you can't afford to live here on 50% of your salary.
                        Last edited by deputy x 2; 02-05-2006, 08:11 PM.
                        This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

                        Comment


                        • #13
                          Cal-pers

                          Ok here is the skinny on working in another state after a medical retirement from Ca. I called CALPERS last year and ask that very question, as I was thinking about working in another state. I too have retired medically from Ca. The woman told me on the phone that you can work in any state outside of Ca. and NOT in a job with a Calpers retiremnet, then CALPERS has nothing to say about it. As long as it is in another state and you can meet all the qualifications of the new employer.
                          I hope that helps you out.
                          I think the key here is to work out of state in a non-Calpers job.

                          Good Luck


                          Graydog,
                          Retired from Ca.
                          Last edited by Graydog; 02-06-2006, 02:06 AM.
                          With Strength and Power We Will Prevail......

                          Comment


                          • #14
                            This all sounds good as I too am about to be medically retired and I already live in another state. The question is though how many departments outside of Ca. will actually hire someone who has an existing injury as a result of being a police officer? I read Idaho hired a medical retiree from California but it sound like 2nd hand info. Anyone here actually medically retired from Ca. and re-hired as a police officer in another state? I applied for 2 non-sworn positions in NC and I was "not chosen." One agency did not even send me a letter. They just ran a credit check then ignored me.

                            Comment


                            • #15
                              Well I called Pers this morning, and as expected I got a woman that had no idea how to answer my question. So she takes my name and phone number and refers my question to the "IDR" Industrial Disability Retirement section. I asked how long until I get a phone call. I'm told it can take up to three days.
                              So now I just sit and wait.

                              Graydog,

                              What you were told is the same thing I was told. I just don't want a bomb shell dropped on me if I go back to work as Police Officer.

                              Comment

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