What This
Lawsuit Is About
See If you might have
a Claim against CalPERS
Industrial Disability Retirement (IDR)

If you have an injury or illness that prevents you from performing your usual duties, you may be eligible for a disability retirement.

You can apply for an industrial disability retirement (IDR) if any of the following apply:

  • You are currently in CalPERS-covered employment.
  • You are within four months of your separation from CalPERS-covered employment.
  • You separated or left your job because of an industrial disability and you remained disabled since then.
  • You are on military or approved leave.

Typically, members apply to CalPERS and/or their local agency or governing board for a disability determination.


Lawsuit Class Members

Industrial Disability Allowance Established

Most class members should already have established their right to a disability allowance. Under certain circumstances, members with either an industrial disability retirement (IDR) or a regular disability allowance are included in the class. See Examples.

In the Process of Seeking or Establishing a Industrial Disability Allowance

Some class members may be in the process of establishing their disability allowance

At this time, we do not represent individuals who are seeking to establish a disability determination, whether in an administrative process or directly with CalPERS, the employing agency, or the governing board.

Often individuals require legal counsel to represent them, especially if the determination is disputed; however at this time, we are not situated to provide referrals. We recommend calling your local bar association or the California State Bar (1-866-442-2529) for a referral.

Not Injured, But Did Not Understand that the ARSC or PVSC Benefit Could Be Lost

Some class members are not injured but seek potential relief, including rescinding the ARSC or other purchase contract, because the individual did not understand (and CalPERS did not adequately disclose) that they could lose their additional purchased benefit if they became disabled.

For more information please view A Guide to Completing your CalPERS Disability Retirement Election Application” booklet.