FROM: Barbara Hannah, Chief Counsel
SUBJECT: Update to 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. The Procedures were last amended on April 3, 2025.
On February 19, 2026, the Committee reviewed the proposed changes and recommended staff consult with San Bernardino County regarding the revisions to Rule 6 to ensure that employers are aware of the legal requirements and implications when an employee is terminated for cause or resigns in lieu of termination. At that meeting, additional edits were proposed to better align the Rule with circumstances under which an employer separates an employee from service. Those revisions have been incorporated into the current draft of Rule 6.
Following the Committee's review on February 19, 2026, staff has identified additional revisions to the Procedures. These revisions affect Rules 5 (d), 5(e),10A(b)(3), and 13B, and are described in greater detail below.
After review of the Procedures, staff recommends the following updates:
1. Rule 5 (d) - Amending an Application
The proposed revision clarifies that an Applicant may amend a disability application only within ninety (90) days of filing the initial application. After that period, amendments will no longer be accepted, and the application will proceed on the information previously submitted. This change is intended to provide certainty regarding the scope of the application, facilitate timely processing, and ensure that the Board's review is based on a complete and defined record.
2. Rule 5 (e) - Rejecting Applications
The proposed change revises the process for addressing applications or amendments that do not satisfy ...
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