PERAC Memo #22 - 2010: Creditable Service While Receiving Partial Workers’ Compensation Benefits

Creditable Service While Receiving Partial Workers’ Compensation Benefits

Summary

PERAC Memorandum #22, 2010 addresses the DALA decision in Petrucci v. PERAC, which followed the earlier Amoah precedent, holding that a member on partial workers' compensation who continues part-time employment with the same employer where the injury occurred is entitled to full creditable service for that period. Boards must now grant full creditable service in such cases going forward; however, if a member receiving partial workers' compensation is not concurrently employed with the same employer, no creditable service should be granted for that period.

Full Text

MEMORANDUM #22, 2010 M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Creditable Service While Receiving Partial Workers’ Compensation Benefits DATE: April 22, 2010 In a recent case entitled Petrucci v. PERAC, CR 07-84, DALA ruled that Ms. Petrucci should be granted full creditable service for the period that she was on workers’ compensation for partial incapacity and at the same time was working part-time for the employer where her injury occurred. This case is essentially the same as the Superior Court case, Amoah v. CRAB, SUCV 2002-0988B, and PERAC did not appeal the DALA decision to CRAB.

As a result, going forward, any member who is on workers’ compensation for partial incapacity and at the same time employed on a part-time basis by the public employer where the injury occurred will be granted full creditable service. If a member is receiving partial workers’ compensation and is not employed with the same employer, no creditable service is allowed. If you have questions, please contact this office.