PERA Duty Disability Benefits
What are PERA Duty Disability Benefits?
Non-taxable benefits payable at 60% of the average of the firefighter’s highest five consecutive years of service until age 55 or for 5 years, whichever is longer. At age 55 this benefit becomes taxable and converts to a regular retirement benefit.
If a firefighter has over 20 years of service, the additional year of credit is paid at an additional 3% only the years of service over 20 are taxable.
Who is eligible?
Member of the PERA Fire Plan
Injured during the performance of inherently dangerous duties specific to firefighting.
Injury prevents firefighter from performing the normal duties of a firefighter for at least 12 months.
Firefighters over the age of 55 with over 20 years of service are not eligible.
The Minnesota Legislature recognized that firefighters do not always make it till a regular retirement age due to the dangerous nature of their job and therefore, created additional pension benefits to assist firefighters who must retire early due to a career ending injury.
Frequently Asked Questions:
Can I work in a different job and still collect PERA Duty Disability Benefits?
Yes, but you cannot work in a position covered by the PERA Police and Fire Plan and it cannot be outside of your restrictions that prevent you from working as a firefighter.
Can I collect workers’ compensation benefits and PERA Duty Disability Benefits?
Yes, you can receive work comp and PERA Duty Disability benefits at the same time. These benefits are coordinated and PERA will reduce in some circumstances due to your work comp benefits, which is why it is important to work with a lawyer who is knowledgeable about work comp and PERA.
What if PERA denies my application?
You have the right to appeal PERA’s determination under the Office of Administrative Hearing’s contested case proceedings. During this litigation, you may present evidence before an administrative law judge who may disagree or agree with PERA’s determination. You also may appeal the PERA Board’s determination to the Minnesota Court of Appeals and potentially the Minnesota Supreme Court.
What if I don’t qualify for PERA Duty Disability?
You may be entitled to PERA Regular Disability benefits, which are paid at a lower rate and are taxable. You also have retirement benefits under the PERA Police and Fire Plan.
What if a firefighter passes away in the line of duty?
If a firefighter dies due to his or her injury, your survivors, spouse and/or dependents, may be eligible for survivorship benefits from PERA
Attorney Mary Beth Boyce has handled hundreds of PERA and healthcare continuation claims, including litigation for these benefits at the Minnesota Court of Appeals. She works to ensure that your benefits are maximized across all areas of the law that affect firefighters.
