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  • MD won't clear me, retirement, Agency BS

    So I developed Dilated Cardiomiopthy on the job and just got workers comp to cover and agree to an on the job injury, after having to retain a lawyer and many months of stress.

    Its a depressing thing to me, but my health and my family is more important, and bottom line from my Doc is that my life will be shortened if I continue and I could die, or risk the life of an officer on the job. Kind of a no brainer, but still hard when you love what you do.

    I've gotten over the worker's comp hurdle, and now am filing for retirement benefits from VRS. I was advised the I could go out on the Heart and Lung bill. I have been on leave with out pay since July, and now that my workers comp was approved, my agency wants my weapon, badge, gear, and for me to be assigned as a City employee not an Officer. This was a real kick in the nuts by them. I was under the impression that with H.R. 218 I would retire with my gun and badge. Do they have the right to do this while I file? What happens when the paper work is filed and finished with VRS, will they just give it back to me. I was advised to sight the 218 law and refuse to give my creds back until VRS had accepted the retirement.

    Has anyone had any like experiences filing with VRS?

    I just can't believe how crappy they have been with my service, and my disability. Its not like I wanted this to happen to me and to have heart surgery. My agency has been known for being vindictive and spiteful, taking things personal, its been quite depressing.

    I would appreciate any advice, or feedback.

  • #2
    Anyone have any insight?

    Comment


    • #3
      I can only speculate based on what happens in my state.

      When you reach a point where you are permanently unable to perform the duties of the job and you have exhausted all of your leave credits, it becomes necessary to terminate your employment. Once your retirement kicks in it is retroactive to the first day of the month in which you filed for it and you will get all your back pension checks. But in the mean time, you wind up having to live off your savings. This can make it tough for some cops because our retirement system takes anywhere from six to 18 months to process your disability retirement application.

      It sounds like your city has offered you a non-sworn position to help tide you over financially until your pension kicks in. OTOH, you also have to be careful to ensure that they are not offering you a demotion to a civilian position in lieu of retirement. You need to talk to your attorney to clarify this one.

      Most agencies out here let you keep your badge and ID until you retire, Then they are replaced with retired ID. OTOH, you are kind of in limbo here. Being medically separated, you are no longer employed, but are not yet retired either. Personally, I think it's a little chicken sh*t for them to ask you to turn your badge and ID in because we all know retirement is inevitable. But if you had to ID yourself in a CCW situation pending retirement, what would your status be - active, retired, or none of the above?
      Going too far is half the pleasure of not getting anywhere

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      • #4
        Sounds Like There Are Jerks Good Luck Brother

        Comment


        • #5
          Had something similar happen to several officers on our department. While waiting for their VRS benefits they reached the 12 month mark of being off the street and were dismissed. They had to fight VRS but once it went through, they were then "retired", got to buy their gun for a dollar and have HR218 cover them. Good luck in your fight.

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          • #6
            I do not believe that HR 218 in any way requires a local or state agency to sell you back your duty weapon for $1 upon retirement.

            The badge may be covered under state law. I know ours is but we still turn it in and get it back mounted permanently so it can't be worn.
            "That's right man, we've got mills here that'll blow that heap of your's right off the road."

            "Beautiful Daughter of the Stars."(it's my home now)

            >>>>> A Time for Choosing <<<<<

            Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

            Comment


            • #7
              Originally posted by L-1 View Post
              I can only speculate based on what happens in my state.

              When you reach a point where you are permanently unable to perform the duties of the job and you have exhausted all of your leave credits, it becomes necessary to terminate your employment. Once your retirement kicks in it is retroactive to the first day of the month in which you filed for it and you will get all your back pension checks. But in the mean time, you wind up having to live off your savings. This can make it tough for some cops because our retirement system takes anywhere from six to 18 months to process your disability retirement application.

              It sounds like your city has offered you a non-sworn position to help tide you over financially until your pension kicks in. OTOH, you also have to be careful to ensure that they are not offering you a demotion to a civilian position in lieu of retirement. You need to talk to your attorney to clarify this one.

              Most agencies out here let you keep your badge and ID until you retire, Then they are replaced with retired ID. OTOH, you are kind of in limbo here. Being medically separated, you are no longer employed, but are not yet retired either. Personally, I think it's a little chicken sh*t for them to ask you to turn your badge and ID in because we all know retirement is inevitable. But if you had to ID yourself in a CCW situation pending retirement, what would your status be - active, retired, or none of the above?
              Sorry for getting back so late. I just don't understand why they didn't keep me as an officer on leave with out pay. The position the gave me is was a City employee, but on leave with out pay. All the cops I have talked to around her that have gone out on disability got to keep there creds, until the were officially retired, and separated. It just seems spiteful to me that they would do this. They (Brass) have made comments in how VRS has not agreed to retire me yet, even though the dept and their workers comp agreed that the it was a job related disability.

              I was also offered no light duty when others were. I know Va is a right to work state, but its really seems almost to be some kind of discrimination, when light duty is stopped just for me.

              Originally posted by t150vsuptpr View Post
              I do not believe that HR 218 in any way requires a local or state agency to sell you back your duty weapon for $1 upon retirement.

              The badge may be covered under state law. I know ours is but we still turn it in and get it back mounted permanently so it can't be worn.
              You are correct about that 218, it just states you can carry a fire arm, retired with creds. The thing is in my department's GOs they have offered the officers side arm for a dollar, and their creds. For some reason they change the pattern. It would seem if they have done it will all officers in the past they would have to do it with me.

              I was also advised by the brass that I would not be issued anything from them, as far as identifying me as a retired officer. It would be something from the state. I found that to be a complete lie. All the officers I spoke with that went out on disability, they were all given IDs and Badges.

              I guess I can only wait to see what VRS says....

              Comment


              • #8
                Originally posted by t150vsuptpr View Post
                I do not believe that HR 218 in any way requires a local or state agency to sell you back your duty weapon for $1 upon retirement.

                The badge may be covered under state law. I know ours is but we still turn it in and get it back mounted permanently so it can't be worn.
                Correct...in Virginia, if you are retired after 20 years, or medically, you are permitted to buy your handgun for $1.00. Also, as a 20 year retiree or medical retiree, you can carry a weapon concealed under 218. You get your retired shield and credentials. VRS is a nightmare in Virginia. You do your 6 months non line of duty or 12 months LOD, and VRS drags their feet. Your agnecy then fires you since you have those 6 and 12 month light duty limits. Hire a lawyer, be unemployed or employable, while you fight VRS until they give up, then you get your VRS retirement backdated, and your gun, etc. In between, you got nada......

                Comment


                • #9
                  Originally posted by phillyrube View Post
                  Correct...in Virginia, if you are retired after 20 years, or medically, you are permitted to buy your handgun for $1.00. Also, as a 20 year retiree or medical retiree, you can carry a weapon concealed under 218. You get your retired shield and credentials. VRS is a nightmare in Virginia. You do your 6 months non line of duty or 12 months LOD, and VRS drags their feet. Your agnecy then fires you since you have those 6 and 12 month light duty limits. Hire a lawyer, be unemployed or employable, while you fight VRS until they give up, then you get your VRS retirement backdated, and your gun, etc. In between, you got nada......
                  Damn that suck, I was hoping that it wasn't going to be hard. My agency has already made my worker comp claim a pita. I had to hire a attorney for that, which we were successful in getting them to recognize to be compensatory for the disability. I was under the impression that VRS would go on my Doctor's opinion and the fact that the disability was caused by the job.

                  Its just so not cool for my department to show nill support. I didn't want to get sick, and I was always a decent Officer. Its just sad, you recognize your just a body to them.

                  Thanks guys, any more input on VRS would be great.

                  Comment

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