PENSION BENEFITS REPORT
What is an involuntary
disability?
In the August issue, I wrote an article explain-
ing in very broad terms how our members can
qualify for an ordinary disability. This month I
am going to explain what an involuntary retire-
ment disability is. Again, in very broad terms, I
will try and explain the process and should any
of you have questions, please call or email me at
the NJSPBA Office.
Generally, if you are going to retire in an in-
voluntary manner, usually you have some
concerns that you are dealing with and you
are receiving treatment for a myriad of problems. Some of our
agencies are limited in resources and can’t find a spot for you
if you are struggling with certain conditions that are affecting
your professional and personal life. When this occurs, and the
circumstances are right, the police administration or employer
have identified you as problematic and seek to retire you in an
involuntary manner.
The first step is usually sending you for a fitness for duty test,
which more than likely you will fail for a related reason. The
next step is disciplinary actions taken against you for reasons
that may be caused by an underlying problem. In any event,
you are deemed unfit for the workplace, but you may not want
to retire — instead hoping to try and work through the issues.
Unfortunately, the department has already been trying to work
with you, and the situation has reached the point where the re-
sources of the department are being stretched, they can’t afford
to wait and they need a body on the schedule.
Once you’re deemed unfit, the employer, along with the po-
lice administration, will pursue the right to remove you invol-
untarily. The employer has the right to apply for an involuntary
ordinary disability retirement on your behalf. First, though, you
need to meet the qualifications for ordinary disability.
Upon submitting an application for retirement, you must be
a “member in service,” which basically means being an active
police officer, making pension contributions when submitting
an application for a disability pension with a minimum of four
years of service credit in a New Jersey State-administered pen-
sion system. During the process, you must prove that you are
considered totally and permanently disabled. You must also
prove that the disability is either physically or mentally inca-
pacitating you from your normal or assigned job functions or
any other job positions to which the employer assigns you.
At the time that you separate yourself from service, you must
be disabled as a result of the alleged disability that renders you
totally disabled, and your employer must submit all of your
medical documents, along with any other evidence that sup-
ports your position. All the documents supporting your disabil-
ity application must be sent to the Division of Pensions within
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NEW JERSEY COPS
■ SEPTEMBER 2017
six months of the employer submitting your application. If those
required documents are not sent in within six months, the Di-
vision of Pensions could cancel your application and then you
would need to refile again. The employer has the responsibility
to ensure that they have sent all the required medical records,
doctor reports and any other health information that pertains
to your application to the Division of Pensions.
In the event that your medical information is deemed not
sufficient to approve your disability application, the Division
of Pensions will require you to see independent doctors select-
ed by the retirement system. When you go for these doctor ap-
pointments, they will be scheduled for you by the State and it
will not cost you anything. If this happens to you, make sure
you make every attempt to be at the appointment because if the
State is advised that you failed to appear for the scheduled doc-
tor appointment, they will start charging you for future doctor
appointments.
In the event your employer has filed for involuntary disability,
the town must send in the completed application and medical
documents, along with a resolution from the governing body
which states that they have agreed to the involuntary retirement
and declare that you are totally and permanently disabled. If
you are from one of our State agencies, this process will require
a letter from the highest-ranking member of the department to
the Division of Pensions indicating the same information as the
resolution from the governing body. During this process, you
cannot change your date of retirement.
If you have met the criteria as established by the Division of
Pensions, you can retire as long as they have a minimum of four
years of New Jersey pension credit or less than 20 years and re-
ceive an involuntary ordinary retirement disability allowance of
40 percent of your final compensation, or 1.5 percent of final
compensation for each year of service, whichever is higher. If
you have more than 20 years of service, then you will receive 50
percent of your final compensation, plus an additional 3 per-
cent of your final compensation for each year after 20 up to a
maximum of 25 years. For example, if you were forced to retire
under the terms and conditions of an involuntary ordinary dis-
ability and had 23 years of service, you would receive 59 percent
of final compensation.
Ordinary disability retirement benefits are not reduced by
any Social Security or private insurance benefits that may be
payable; however, any worker’s comp award you receive could
be reduced. Ordinary disability retirement benefits are subject
to federal tax, but they are not subject to New Jersey income tax
until you reach 65 years of age.
If you have any questions regarding your disability retirement
application, please call or email me at the NJSPBA Office.d