FROM: Barbara Hannah, Chief Counsel
SUBJECT: Procedures for Disability Retirement and Formal Hearings
RECOMMENDATION:
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Recommend that the Board approve and adopt updates to the Procedure for Disability Retirement and Formal Hearings.
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BACKGROUND:
The SBCERA Board adopted the Procedures for Disability Retirement Application and Formal Hearings ("Rules") to govern the disability retirement process. On September 7, 2023, the Board approved changes to the Rules. Subsequent to that approval, staff identified additional areas that would benefit from clarification. As such, staff is bringing another set of proposed redlined changes to the Rules for the Board's consideration.
Attached as Exhibit A is a redlined version of the Rules which incorporates the following proposed changes:
1. Rule 5 (c)- Timely Applications - Lack of Information.
Government Code section 31722 prescribes the requirements to file a timely application. (See Rule 5(a) for the requirements.) However, if there is a delay in filing a timely application, such delay could potentially prejudice the Board's ability to make a determination on the Application either due to the lack of information or availability of medical records because of the passage of time. Where a member has delayed filing an Application or there is a lack of information (e.g., no available medical records) to support the claim, such cases will be referred to a hearing officer as required by Rule 5(e). The proposed change to Rule 5(c) provides clarity that a delay could result in the Application being rejected and referred to a formal hearing on the issue of whether the Application is timely.
2. Rule 7B.1 - Nonservice-Connected Disability Retirement
The proposed new Rule carves out a path for processing a nonservice-connected disability retirement application. The change will likely shorten the length of time between the date of application and the Board's determination. In addition, as ...
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