Active members who have earned enough service credit to qualify for a future retirement benefit and retired members should consider completing a LACERA Special Power of Attorney. Planning ahead can help protect your LACERA benefits and make it easier for someone you trust to assist you if you ever become unable to manage your retirement affairs due to illness, injury, or incapacity.
The amount of service credit required to qualify for a future retirement benefit varies by plan. To find your plan’s requirements, go to the Retirement Eligibility section and select your plan from the set of colored tiles.
The Purpose of the Special Power of Attorney and Role of Your Attorney-in-Fact
You may be familiar with a Power of Attorney, a legal document that allows you to give authority to a person you choose, called an Attorney-In-Fact, to act on your behalf.
The LACERA Special Power of Attorney is different from a general Power of Attorney because it is limited to LACERA benefit-related matters, including retirement and LACERA-administered healthcare benefits.
The LACERA Special Power of Attorney lets you choose when your Attorney-In-Fact’s authority begins and whether it continues if you become incapacitated.
Having a current LACERA Special Power of Attorney on file can help avoid delays if someone needs to assist with your LACERA benefits. If you do not have a Power of Attorney on file, or if your Power of Attorney terminates upon incapacity, LACERA may be unable to process certain benefit-related changes or transactions on your behalf until a court-appointed conservator is named.
Your Attorney-In-Fact may be authorized to act on your behalf for LACERA matters such as:
- Filing applications to retire
- Making benefit elections
- Designating or changing beneficiaries
- Making address changes
- Making tax withholding elections
- Endorsing checks
- Selecting LACERA-administered healthcare plans
- Designating a bank account for electronic transfer of retirement benefits
- Withdrawing contributions and interest, if authorized and allowed under LACERA plan terms
For more information, access the LACERA Special Power of Attorney Guide, form, and instructions. You can download the materials to print yourself or order a copy from our Forms & Publications page, under Change Your Personal Information.
Your Attorney-In-Fact can be anyone over age 18 who is willing and able to act in your best interest, including a relative. You may also name an Alternate Attorney-In-Fact, who may act only if your first choice is unwilling or unavailable.
You can still handle your own LACERA retirement affairs when you have a Power of Attorney on file. Your Attorney-In-Fact’s authority depends on the option you select in Section 5. You have the right to revoke or terminate your LACERA Special Power of Attorney at any time, as long as you are competent and submit written notification to LACERA. Any Power of Attorney ends upon your death.
Considerations for Active Members
If you are an active member who has earned enough service credit to qualify for a future retirement benefit, submitting a LACERA Special Power of Attorney can be an important planning step.
If you become unable to handle your own affairs while you are still alive and eligible to retire, your Attorney-In-Fact may be able to apply for retirement on your behalf, depending on the authority you grant and the option you select in Section 5.
Considerations for Retired Members
If you are retired, having a LACERA Special Power of Attorney on file can help ensure that your spouse, partner, family member, or another trusted person can assist with important LACERA business if you are unable to act for yourself.
This can help keep benefit-related matters moving and give your loved ones a clearer path for handling LACERA transactions when help is needed.
Questions? Contact Us
If you have questions about the LACERA Special Power of Attorney, contact us and a Retirement Benefits Specialist will gladly assist you. Keep in mind, however, that LACERA cannot provide legal advice.
If you have legal questions, such as whom to appoint as your Attorney-In-Fact, which powers to grant, or how to prepare a non-LACERA Power of Attorney, please consult an attorney.
