Public employees in Minnesota, particularly those in high-risk professions such as police officers, firefighters, correctional officers, and state troopers, face the possibility of sustaining serious work-related injuries. Fortunately, Minnesota provides disability benefits through the Public Employees Retirement Association (PERA) and the Minnesota State Retirement System (MSRS) to support these individuals when injuries or illnesses prevent them from performing their duties.
There are two distinct types of disability benefits available to public employees under PERA and MSRS: (1) Occupational Disability Benefits and (2) Permanent and Total Disability (PTD) Benefits. Each type of benefit is designed for different circumstances and offers varying levels of financial support. Understanding the distinction between these two benefit types is critical, as it influences both eligibility and the benefit amount awarded.
Occupational disability benefits are available to employees who suffer an injury or illness that prevents them from returning to their specific public safety role—such as police officer, firefighter, or correctional officer—but does not render them completely unable to work in any capacity. In other words, the individual may still be able to pursue other employment, but they are unable to perform their original job duties.
PTD benefits are intended for employees who sustain catastrophic injuries that prevent them from performing any work, including their specific public safety role and any other form of gainful employment. This type of disability is usually permanent, and the individual is unable to return to the workforce in any capacity.
The amount of PERA and MSRS Duty Disability benefits (and their taxability) depends on the plan type and the type of disability benefits awarded. The table below provides an overview of the plan types and the types of PERA / MSRS Duty Disability benefits available to police officers, firefighters, and correctional officers.
PERA | Occupational Disability | Permanent Total Disability |
Police and Fire | 60% of high-5 salary. | 99% of high-5 salary. |
Corrections | 47.5% of high-5 salary. | Not applicable. |
MSRS | Occupational Disability | Permanent Total Disability |
State Patrol | 60% of high-5 salary. | 99% of high-5 salary. |
Corrections | 50% of high-5 salary. | Not applicable. |
Applying for PERA / MSRS disability benefits is not a simple process, and applicants must meet strict requirements. Several complex rules make it even more challenging to qualify, particularly in cases involving psychological conditions or delayed claims.
For members seeking PERA / MSRS disability benefits based on a psychological condition, additional steps must be completed before an application can be submitted. These include:
Failure to follow these additional steps can lead to delays or denials in the disability application process. Working with an experienced lawyer will help ensure your application is complete.
If a disabling injury occurred more than two years before a member applies for duty disability benefits, additional requirements must be met, including:
Because gathering this evidence can be complex, many claims based on older injuries are denied initially, making legal representation critical for success.
PERA imposes strict deadlines for filing disability applications and appealing denied claims. If an applicant misses these deadlines, they may lose their right to disability benefits altogether. Important time limits include:
These time-sensitive rules make it essential for applicants to seek legal assistance early in the process to avoid missing important deadlines.
PERA imposes strict deadlines for filing disability applications and appealing denied claims. If an applicant misses these deadlines, they may lose their right to disability benefits altogether. Important time limits include:
These time-sensitive rules make it essential for applicants to seek legal assistance early in the process to avoid missing important deadlines.
Submitting complete and accurate medical documentation is one of the most important steps in a PERA/MSRS disability claim. Without the required medical reports and records, PERA or MSRS may cancel the application, preventing the applicant from reapplying for one year.
PERA/MSRS disability applications require:
Incomplete or improperly prepared medical documentation is one of the most common reasons for denial. An experienced attorney can ensure that all required documentation is gathered, formatted correctly, and submitted on time.
Properly setting up a PERA/MSRS claim from the very beginning helps to:
An improperly handled disability claim can negatively impact these other benefits. Having an attorney involved from the beginning ensures that every part of the claim is structured properly.
Meuser, Yackley & Rowland has helped more first responders get approved for PERA and MSRS benefits than any other law firm in Minnesota. Their legal team has unmatched experience and success in handling PERA and MSRS disability claims for law enforcement officers, firefighters, and correctional officers throughout the state of Minnesota.
The PERA and MSRS duty disability claims process is complicated, and mistakes can cost injured public employees their benefits. Given the strict deadlines, documentation requirements, reapplication processes, and offsets for re-employment income, having the right legal representation makes a difference. Meuser, Yackley & Rowland’s experience and excellence in this area of law ensures that injured public employees receive the benefits they deserve while maximizing their overall financial recovery.
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10400 Viking Drive
Suite 250
Eden Prairie, MN 55344
(952) 345-2052
(952) 345-2053
(952) 345-2052
(952) 345-2053
10400 Viking Drive
Suite 250
Eden Prairie, MN 55344
Monday - Friday
8:00 am - 4:30 pm
(Closed legal holidays)
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