If you become disabled, regardless of your age or years of service credit, you may apply to your local disability board for disability retirement. Your application must be filed within one year of discontinuing your service. It is your responsibility to prove that you are disabled.
If the disability board finds that you are physically or mentally disabled from performing your duties with average efficiency, you are entitled to:
If during the disability leave period, the disability board determines that you are no longer disabled, the board will cancel your disability leave and order you to return to duty.
During the fifth or sixth month of disability leave, you will be examined by one or more physicians selected by the disability board. If the disability board then determines that you are still disabled, it will grant you a disability retirement benefit—subject to approval by DRS.
Your base monthly disability retirement benefit is equal to 50 percent of your final average salary (FAS). You will receive an additional 5 percent of FAS for each “eligible child,” up to a combined amount of 60 percent of FAS.
An “eligible child” is one who is unmarried, under 18 years of age, and:
A child may continue to be eligible up to the age of 20 years and 11 months while unmarried and attending a school that is approved or accredited by the state in which it is located.
Your handicapped child, may qualify as eligible regardless of age.
Benefits are payable from the day following expiration of disability leave until death or recovery from the disability. They are subject to federal income tax unless the disability was incurred in the line of duty. Contact DRS for more information.
Members who are under age 49½ and are receiving disability retirement benefits, may be required to undergo semiannual medical examinations by a physician approved by the disability board. If an examination shows that a retiree under the age of 50 is no longer disabled for the performance of duties, disability benefits are to be canceled and the member is to be ordered by the disability board to be returned to duty. If this happens, you will be entitled to notice of the board’s determination and a hearing before your benefits are canceled.
If your disability board denies your application for disability benefits or cancels your disability retirement benefit, you may appeal the board’s decision to DRS. You must file the appeal within 30 days of when the disability board rendered its decision.
DRS does not have the authority to accept appeals from disability board decisions about medical services or the duty or non-duty status of a disability retirement.
If DRS reverses the disability board’s decision to grant you a disability retirement benefit, LEOFF will send you a copy of the Order of Reversal, and will advise you of your appeal rights. If you have any questions about your appeal rights, contact DRS.
For more information about your disability benefits, read the DRS publications, LEOFF Plan 1 Disability Benefits and LEOFF Plan 1 Disability Board Guidelines. All LEOFF publications are available on the DRS Web site.