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 Procedures for Disability Retirement and Formal Hearings.
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BACKGROUND:
The SBCERA Board adopted the Procedures for Disability Retirement Application and Formal Hearings ("Procedures") to govern the disability retirement process. On December 7, 2023, the Board approved changes to the Procedures. Subsequent to that approval, the Board requested that staff review and propose changes to time limits that will assist Applicants who need additional time to complete the Disability Retirement Application. Staff reviewed the Procedures and made changes to time limits for curing defects in applications and amendments. Staff also made suggested changes to allow delegation of some matters to the Chief Executive Officer (CEO).
Attached as Exhibit A is a redlined version of the Rules which incorporates the following proposed changes:
1. Rule 4 (a) (3) - Disability Retirement Application - Authorization for Release of Records Forms.
Removed language stating failure by the Applicant to contact SBCERA or complete the disability checklist within 30 days may result in dismissal of the Application.
2. Rule 4 (b) - Independent Medical Examinations.
Added language to provide more flexibility for submitting records prior to the IME examination. Previously, records had to be submitted to SBCERA no less than five business days prior to the examination. New language allows records to be submitted to SBCERA the day before the examination.
3. Rule 5 (a) - Timely Applications - Complete and Timely.
Changed the time for an Applicant to cure an incomplete Application from 30 days to 90 days to preserve the initial Application filing date. New language provides a longer period to cure any defects in the Application.
4. Rule 5 (b) - Untimely Application.
Allows the Applicant to submit ...
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